The recent legalization of adult-use cannabis in New York State has created enormous economic opportunity in the state, but taking advantage of those opportunities may bring harsh immigration consequences for foreign nationals currently in the U.S.
However, there remains a legal gray area regarding the potential impact of passively investing in the cannabis industry that is legal under state, but not federal, law.
Similarly, an alien pursuing EB-5 immigrant visa may be issued a B visa to examine or monitor potential qualifying investments as long as the applicant otherwise establishes qualification for a B visa, including that they do not intend to enter the United States to pursue adjustment of status.
When analyzing whether various investment activities would be considered a violation of one’s nonimmigrant status, the distinction between passive vs.
passive distinction might also be used to determine whether an investment in the legal cannabis industry would render a foreign national inadmissible for violating any laws related to a controlled substance.
A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S.
Ultimately, whether or not such passive investment would be deemed to violate this provision rests with front line immigration officers—both those at the nation’s ports of entry and those who adjudicate applications for immigration benefits.
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