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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.