Am I Eligible for the EB3 Unskilled Visa process?

November 29, 2021

To determine eligibility, you must first ensure that you are not inadmissible under the Immigration and Nationality Act (INA). There are numerous grounds of inadmissibility that can prevent a foreign national from gaining permission to enter or remain in the U.S. permanently. To determine your eligibility, register for an account, and our team will assess your ability to do this program.

The following are a few common issues that will make you ineligible for the EB3 Visa process or hurt your chances:

You engaged in unauthorized work in the United States:

  1. Generally, unauthorized work within the United States will make you ineligible to apply for the EB3 Visa with BDV Solutions if you are seeking to gain an EB3 Visa through an Adjustment of Status (AOS). However, if the unauthorized work does not exceed 180 days, the client may be able to adjust. If the unauthorized work has exceeded 180 days, you can return to your home country and apply for the EB3 Visa through Consular Processing.

You engaged in Crimes Involving Moral Turpitude (CIMT)

  1. CIMT includes the attempt or commission of any crime that may result in a felony or more than 2 years in jail. CIMT includes but is not limited to murder convictions or felony convictions.
  2. An applicant will also be found to lack good moral character if during the statutory period the applicant:
  • Committed one or more crimes of moral turpitude (immorality)
  • Committed two or more offenses resulting in a conviction within the United States and a total sentencing of five years or more
  • Violated any law of the United States, any State, or any foreign country relating to a controlled substance, provided that the violation was not a single offense for simple possession of 30 grams or less of marijuana
  • Is or was confined in the United States to a penal institution for a total of 180 days pursuant to a conviction or convictions
  • Has given false testimony to obtain any benefit under oath or affirmation and with an intent to obtain an immigration benefit
  • Is or was involved in prostitution or commercialized vice
  • Is or was involved in the smuggling of a person or persons into the United States
  • Has practiced or is practicing polygamy
  • Committed and convicted of two or more gambling offenses
  • Earns his or her income principally from illegal gambling activities
  • Is or was a habitual drunkard.
  1. Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
  • Willfully failed or refused to support dependents
  • Had an extramarital affair which tended to destroy an existing marriage; or
  • Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts

To learn more about our process and eligibility, create an account here. This will lead you through informational videos and an eligibility questionnaire.

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