Case of V.S.

V was a very successful businessman with a clean visa history, dating back more than a decade. After many years of working with his partner, he left the business on less-than-friendly terms, starting his own business. Needless to say, he was stunned when he was charged with tax fraud in his role as a top executive for that former company. After some discussions and taking advantage of a provision in the local law, he paid the claimed deficiency without admitting any guilt or having the criminal case proceed to trial. But the court case triggered a consular investigation and a finding of permanent inadmissibility under Section 212(a)(2)(A)(i)(I). V then contacted us. After doing a deep dive into the local law and consulting with his local lawyer, we came to the conclusion that the consul had been mistaken: while the tax evasion was a crime of moral turpitude, there was no “admission of guilt” or “conviction”. We then raised these issues with the consul and the Department of State. After some time, they agreed and removed Mr. S’s 2AiI ban.