Steffanie J Lewis
Immigration AttorneyYour being out-of-status in another country would not affect your eligibility to participate in the EB-5 program. Usually, applying for a U.S. visa outside the home country will require the applicant to provide legal status in the third country. Therefore, when the visa petition is approved, you will need to return to your home country for the consular processing. To give you an estimate of time for returning to Brazil, please know that there is currently a backlog of 14 months in the USCIS processing of I-526 applications in the EB-5 program.