I came to the USA in 2006 on B1/B2 and have been living here since then without legal status. A friend of mine who is a U.S. citizen wants to help me out and lend me his lawfully earned money (approximately 300k) and business (worth approximately 800k), which is in the form of multiple retail stores. Can I be eligible for an EB-5 visa and obtain a green card based on his money and business, since he is willing to transfer it under my name? Are there any extra steps I need to take to make this happen?
If you are not in lawful status then you cannot even get to the issue of lawful source of funds, because it appears you are not eligible to adjust in the U.S. If you try to visa process abroad, you will likely trigger a 10-year ban on reentering when you leave.
If you are without legal status, this is unlikely to work unless you have a qualifying relative and are successful with a waiver. You may only process the second stage of your case overseas which will trigger a 10-year bar. Exception is if someone filed for you or your parent when you were a minor prior to April 30, 2001, then you can pay a penalty fee and file here. You need to consult on this before you embark on this path.
This is a very complex issue. First, if you have been living in the U.S. since 2006 without legal status, this could potentially impact your green card eligibility. Second, while money from a loan is okay, an 800k uncollateralized loan from a friend is highly unusual. You may want to seek legal advice from an experienced attorney.
The loan is not the problem, being unlawfully present for 16 years is. You should consult with an experienced immigration attorney.
300k is fine, but the transfer of his business seems to be overly burdensome. Why doesn''t he just issue himself some distributions or a loan and then lend you that money?
Even if you were, you will have to leave the country to get the visa and you will have to stay out for 10 years.
