I enter the U.S. as an international student but then I lost my status because I quit school due to financial situation. How can I apply for EB-5 with my business that I created here in the U.S. by investing more than $1 million?
EB-5 doesnt allow for concurrent adjustment of status applications anyway, so you can file for EB-5 whenever you want. That said, you also need to be mindful of not being in the U.S. without authorization.
It is impossible since you are already in out of status. Also, based on your facts, it may be already accumulating more out of status as time goes on day-by-day.
If a student fell out of F-1 status and less than 5 months has passed since then, and it due to the unusual circumstances, then reinstatement of status could be a possibility. If you are not eligible for reinstatement, then you will need to depart the U.S. at some point soon so that you do not accrue enough unlawful presence that would thereafter bar you from seeking a green card without a waiver.
Most likely you will need to return home to either get back in status or await permanent residency. Students out of status do not accrue unlawful presence but you are not in status either so that needs to be fixed. You can invest in the EB-5 program though.
It is important to not overstay 180 days after being out of status. Since how long have you been out of status as students also have a 60 day grace period to change to another status?
You can apply for the EB-5, that is, submit your I-526 petition, but you will not be eligible for adjustment of status unless you are in a valid non-immigrant status at the time you submit your I-485. Unfortunately, you cannot submit your I-485 until your I-526 petition has been approved and an immigrant visa number is immediately available. You can try to reinstate your student status, change to another non-immigrant status, or purse immigrant visa processing at the U.S. embassy or consulate in your home country once the I-526 petition has been approved and your priority date is current.
If you no longer have status, best to go back overseas and then immediately file for your I-526.
Filing the EB-5 petition is not a problem; however, the fact that you have been in the U.S. in violation of your F-1 status and possibly working without authorization may make you ineligible for a green card. You must consult with an attorney who can analyze your admissibility.
If you overstayed your F-1, and are out of status, you not eligible to adjust status in the U.S., but you may not trigger the 3 or 10-year bar if you leave, so you may be able to immigrate but would have to apply for a visa in your home country. This is possible but you will have to explain why you overstayed in the U.S. Unauthorized employment alone is not a basis to deny a green card but they might still use it to delay your case.
