I stayed in the USA for 10 years on my expired visa but came back last year without any criminal offense. Can I apply under the EB5 category?
If you overstayed your previous authorized stay by 180 days or more you are barred from reentry.
Thank you for your email. Unfortunately, you''re likely subject to the 10-year bar on re-entry, unless your previous status was F or J. Feel free to contact me to discuss this further.
An unlawful presence in the US will automatically trigger a bar to the United States, whether through a non immigrant or immigrant visa. I am afraid that an EB 5 application will not remove a full review by the consul of a determination of unlawful presence prior to its approval.
Your question is fact specific. Unfortunately it also lacks some of the requisite facts required to determine whether or not you are eligible to apply for residency under the EB-5 category. I would suggest you meet with immigration counsel and be prepared to provide a detailed immigration history, including the type of visa you entered on initially, whether or not you changed your status, and how you entered the U.S. most recently.
It all depends how you came back to your own country, were you deported, were you involved in any proceedings, etc.
Since you have been readmitted into the U.S. under a new visa category even though you overstayed in the past, that means U.S. government did not find you inadmissible. Thus, you should be able to apply for the EB-5 program and adjust.
You should have an attorney analyze with exact facts such as the type of visa you had before, type of visa you were granted recently, copy of forms you filled out to apply for the new visa, dates in and out of the U.S., etc. If you were on a visa where unlawful presence was accrued and then you left technically you triggered a 10 year bar and perhaps a permanent bar by reentering; but some statuses do not accrue unlawful presence even for an overstay.
You can apply, but you are inadmissible.
First I believe one should have a consultation with a qualified US Immigration attorney. Second an explanation should be given regarding the difference between being out of status and unlawful presence.For instance if one has remained in the US and been in unlawful presence for more than 6 months ,the if one leaves the US then that person will be barred from the US for 3 years unless a waiver is filed and approved. If the person has been in the US in unlawful presence for more more than one ( 1 ) year, and the foreign national leaves then the person is denied re-entry for 10 years, unless a waiver is approved. Please remember an EB-5 visa requires either US Consulate processing ( ie no visa granted if foreign national remained in the US for a continuous period of 6 months of unlawful presence then left the US to attend a US consulate visa interview). While a foreign national can not apply for Adjustment to Permanent residency if the person is currently in the US and out of lawful status.
An overstay of 10 years would most likely disqualify you because overstays are barred from re-entering depending upon the length of their overstay.
That may make a difference. There are restrictions to applying if you have overstayed Question Detail: I stayed in the USA for 10 years on my expired visa but came back last year without any criminal offense. There is also a wait time for the EB-5 category.
Probably. I would have to review your specific details and immigration statuses before I could give you a definitive answer.
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