Is it possible to get an E2 treaty investor visa with prior criminal convictions? 12 Answers as of November 15, 2011

I was deported in 2004 due to criminal convictions. Earlier this year I was given a one-year multiple entry visa. I am wondering if I could get a E2 treaty investor visa with my prior criminal history and deportation.

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Avrin & Regolsky | Estelle Regolsky
The 212(d)(3) non-immigrant waiver allows most grounds of inadmissibility to be waived. If you have already been granted "a one-year multiple entry" visa, which I assume is a B-1/B-2, the Consular Officer must have granted you the 212(d)(3) waiver. This is a waiver that does not carry over to new applications, whether for a new B-1/B-2 visa in the future or for another type of non-immigrant visa, so if you apply for an E-2 visa at the Consulate you will have to apply for the 212(d)(3) waiver again, but the fact that it was apparently granted before should help a great deal.
Answer Applies to: Massachusetts
Replied: 11/15/2011
Fong & Associates
Fong & Associates | William D. Fong
If you have been granted the waiver for the visitor visa; you should be eligible for the E-2 visa with the same grounds for the waiver. You did disclose the previous deportation and the criminal convictions in your waiver and visa application.
Answer Applies to: Texas
Replied: 11/15/2011
Kanu & Associates, P. C. | Solomon O. Kanu
If they gave you a visitor visa, why not try an investor one. The worst case scenario is they say no.
Answer Applies to: Arizona
Replied: 11/15/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Based on the B1/B2 visa issued to you, I am tempted to say that it should not be a problem. However, I won't simply because you have not told me whether you have used it to enter the US or not. You can have a visa and still be denied admission at the port of entry. Here is the good news, since you are coming to invest in the US, there is usually a way to get that type of a visa if everything else is on the up-and-up. It will be important to know what kind of criminal conviction got you deported in the 1st place. There is much to be discussed prior to filing for the E-2 and I would recommend you do this with competent counsel. Of course, we can help.
Answer Applies to: California
Replied: 11/15/2011
All American Immigration
All American Immigration | Tom Youngjohn
When you applied for the one year multiple entry visa, did the US Consulate know of your deportation and your criminal convictions? If they knew, then you are in luck. No guarrantees of course. If not, then not.
Answer Applies to: Washington
Replied: 11/14/2011
    Joseph Law Firm
    Joseph Law Firm | Jeff Joseph
    It is possible to get an E-2 treaty investor visa with a prior deportation and criminal history in most circumstances. Your crime and prior deportation make you inadmissible to the United States, but you may seek a waiver of the inadmissibility in conjunction with the E-2 visa application. We have been successful on numerous similar cases in the past.
    Answer Applies to: Colorado
    Replied: 11/14/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You may, but not without a fight. Usually deportation entails 5-10 years bar from admission, unless a waiver is granted at the discretion of general counsel. You must be lucky for having obtained a multiple visa. You need to apply for waiver and E2 visa at the same time. You are advised to work with a lawyer because your case is obviously not a given.
    Answer Applies to: Florida
    Replied: 11/14/2011
    Immigration Attorneys, LLP | Robert R. Gard
    A lot depends on the nature of the conviction, and the certified disposition of that conviction. If you were not issued the B-1/B-2 in error, then there should be no prohibition to receiving an E-2 treaty investor visa. A nonimmigrant waiver may also be available.
    Answer Applies to: Illinois
    Replied: 11/14/2011
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    It depends upon what your record is. I would recommend speaking directly with an immigration attorney.
    Answer Applies to: New York
    Replied: 11/14/2011
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