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How can I apply for EB-5 if I overstayed my visa in another country?

I overstayed my visa in France for more than a year in the past 5 years. I have never been in the U.S. before. Can I apply for the EB-5 visa program? Will USCIS have access to my travel history, learn about the overstay and deny my application on this basis?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your visa or overstay in France will not affect your EB-5 case.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your visa overstays in countries other than U.S. should not be relevant to U.S. immigration processing.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The overstay in France will not be relevant to your U.S. immigration case.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Overstaying a visa in another country should not be a consideration in applying for an EB-5 approval in the U.S.

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    Phuong Le

    Immigration Attorney
    Answered on

    Unless it somehow affects your eligibility in the U.S., generally should not be relevant.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Your immigration violations in other countries have no impact on your eligibility for U.S. immigration. Your criminal history, on the other hand, matters.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since you never traveled to the U.S. and overstayed here, your EB-5 visa application after I-526 approval will be fine.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    You have not violated U.S. law because an overstay in a different country is not against U.S. law. Based on your facts, I see no reason why you are inadmissible to the United States.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Being an overstay in France would not prevent an EB-5 visa. Advisably, consult an EB-5 attorney to plan your petition and how you can meet the necessary requirements.

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    Kyle Barella

    Immigration Attorney
    Answered on

    Yes, you can still apply for the EB-5 visa. U.S. immigration will not have access to your foreign travel history (apart from the stamps in your passport). Nevertheless, you will need to disclose any law enforcement issues (i.e., if you ever broke the law) during the immigrant visa application stage. I would advise you speak with an immigration attorney to discuss your EB-5 visa matter.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your prior overstay in France is not a bar to apply for an immigrant visa in the U.S. If possible, try and show the earnings were not from the period when you were undocumented in France or it might be possible for someone to allege that some of your funds were earned while you were not lawfully present and therefore not lawfully sourced.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, the fact that you have overstayed your visa status in another country has no effect whatsoever on your ability to file an EB-5 investor petition on Form I-526. The USCIS will not care about the fact that you are an overstay in another country. However, once your I-526 petition is approved, normally you would file for your immigrant visa at the appropriate American consulate in your home country. The fact that you are an overstay in France might make it difficult for an American consular post to accept jurisdiction of your immigrant visa application.

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    Robert West

    Immigration Attorney
    Answered on

    You can apply and it should be no issue.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I have never seen foreign immigration history become an issue. Foreign legal troubles will, such as being arrested (even if the charges were later dropped or even if no charges were filed).

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This should not affect your EB-5 application in the U.S.

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