+1-800-997-1228
Questions & Answers

How can an illegal immigrant in Canada apply for an EB-5 visa?

I am currently a student in Canada who has overstayed his visa by two years, making me an illegal immigrant in Canada. My father back home is willing to gift me $550,000 to apply for the EB-5 regional center program and his source of funds is available. How can I apply from within Canada and go directly to the United States without having to travel back home after the application gets accepted?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    You can apply for a conditional permanent residency in a country in which the U.S. consulate has accepted jurisdiction over the process.

  • Avatar

    Xiaosheng Huang

    Immigration Attorney
    Answered on

    You may have to go back to your home country to get the interview of your green card when your application with USCIS is approved. You can adjust your status in the United States, but you have to have a valid status then.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The conservative approach may be best here. You may need to go home. Please consult an immigration attorney to review all aspects of your case.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You will not be able to immigrant visa process in Canada if you are not legally a resident there. Assuming your I-526 petition is approved, you would have to return to your home country for immigrant visa processing.

  • Avatar

    Charles H Kuck

    Immigration Attorney
    Answered on

    You will ultimately have to go back to your home country to get your green card at the U.S. consulate there, but your case is not different than anyone else's for processing.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This may be problematic as the U.S. Citizenship and Immigration Services (USCIS) may consider your continuing violation of Canada as an indication that you do not comply with law. In some cases, USCIS has actually denied petitions. Advisably, talk to an EB-5 attorney before filing.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is likely the U.S. consulate will accept jurisdiction to process your case in Montreal. However, even if you have to go back to your home country for the final interview, that should only take 1-2 weeks and being out of status should not be a problem.

  • Avatar

    Peter Zhang

    Immigration Attorney
    Answered on

    Your overstay in Canada should not affect your immigration to the United States. Please consult with a Canadian immigration attorney should you need further clarification.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Even though you may have overstayed your status in Canada, you are still eligible to apply for U.S. lawful permanent resident immigrant visa status. You may file an EB-5 petition irrespective of where you are. Once the petition is approved, you can apply in your home country for your immigrant visa. If you are from China, there will be a longer waiting period because of the backlog in visa numbers.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    You can apply for the EB-5 visa, but you will have to return to your own country for a week or two and get your immigrant visa (green card) at the U.S. embassy there. There would be no real risk to you if you do this.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Interesting question. As far as EB-5 processing is concerned, your status in Canada should not be relevant for U.S. immigration processing. I do not see how that would affect your ability to become a permanent resident of the United States.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.