How can an overstayed F-1 visa holder pursue an EB-5 visa option? - EB5Investors.com

How can an overstayed F-1 visa holder pursue an EB-5 visa option?

I had entered the US on an F-1 visa however transferred between universities and forgot to transfer my I-20 over to the new university. I graduated in 2020 and have overstayed since. I wanted to know how bad/severe my options for an EB-5 would be and if there were any options for not getting banned.

Answers

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

USCIS Policy guidance indicates that F-1s do not accrue unlawful presence until USCIS or the immigration court issues a denial, so you should be able to consular process. But I suggest a consultation before departure.

Michael A Harris, Esq

Michael A Harris, Esq

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Answered on

It is best that you have a consultation with an immigration attorney. Students who are admitted in F-1 status usually have an expiration date set as D/S or duration of status. If a student overstays once their school program ends, they may not accrue unlawful presence as a result of the D/S stamp or until USCIS finds that they are inadmissible. This may mean that, generally, if a nonimmigrant has not accrued unlawful presence then upon their departure they may not trigger the 3 and 10 year bars to readmission. To understand whether this would apply to you, you need to have a consultation with an immigration attorney who can review your personal records.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Your question raises more questions: did you ever apply for a change of status (to any status) while in the US through an employer or on your own? Did USCIS issue a finding of status violation? Under the law, an entry in F-1 has generous protections for overstays but it cannot be assumed for every case. So EB-5 may be an option and you would need to consular process the residence visa.

Stephen Berman

Stephen Berman

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Answered on

If there was no finding that you are out of status, you can leave the U.S. and there should be no unlawful presence bar.

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