Hello, in 2013 I applied and obtained an E2 visa with which I moved to Florida and then before the expiry, in mid-2017, I moved back to Europe.
When I applied, to the question "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" I answered NO even though in 2004 I was convicted of a crime of attempted insurance fraud, a 6-month sentence suspended because I had no criminal record, never been arrested.
I am going to apply for a new E2 visa and declare the true, what are the chances of my new application being rejected for this reason? Is there a possibility that I will be banned from the US for this? I have a B1 visa and I would not want to lose it, moreover within a year my daughter will become an American citizen and I would like to be sponsored for the green card.
If the question is too complex please advise a lawyer to contact who is able to provide me with an adequate answer.
Thanks for your help.
The chances of rejection are high. The chances of being barred from admission to the U.S. are high.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You may need a waiver of inadmissibility to obtain a visa.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
If detected by the US consulate which is likely you should be barred from obtaining a visa. A waiver may be possible.
Under the facts you presented you failed to disclose your criminal history when you applied or an E-2 visa. This is classifiable as visa fraud and renders you permanently inadmissible to the United States. However, your criminal history is unclear (e.g. convicted but never arrested). Additionally, there are waivers of inadmissibility available under certain circumstances.
Consult with an experienced immigration attorney who can review your case and immigration history and advise you how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
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