My mother applied for an EB-5 visa back in 2017. I was 20 years old then and qualified as a dependent. I had come to the U.S. on an F-1 visa in 2016 but now, in 2023, my visa has expired and I have accrued unlawful presence to get me banned for 10 years. When the I-526 application of my mom is approved, what complications will I face for my I-485 application? Can my status even be adjusted as an EB-5 dependent?
There are potential exceptions to visa overstays - the details concerning the amount of time of unlawful presence you have accrued are very important to this analysis. I recommend speaking to an immigration attorney to confirm the correct path forward.
An F-1 overstay does not typically accrue unlawful presence unless ruling of termination by USCIS but you need counsel to assess your individual situation. Since not in status though, you would need to consular process.
If you have incurred unlawful presence, you will not be able to adjust your status in the U.S. through EB-5.
F-1 is not a typical status when it comes to unlawful presence. Have you been found to be out of status by DHS? If so, when? Have you worked without authorization? There are a few legal issues that need to be examined here.
If you are out of status, you cannot file for adjustment of status. You may wish to try consular processing instead. Unless you worked without permission, it is unlikely that you accrued unlawful presence in the U.S. even if you are no longer in valid status.
