How can I apply for EB-5 if I overstayed my visa in another country? - EB5Investors.com

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

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

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

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

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

Robert West

Robert West

Immigration Attorneys
Answered on

You can apply and it should be no issue.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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).

Charles Foster

Charles Foster

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Kyle Barella

Kyle Barella

Immigration Attorneys
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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Michael A Harris, Esq

Michael A Harris, Esq

Immigration Attorneys
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.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
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.

Phuong Le

Phuong Le

Immigration Attorneys
Answered on

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

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
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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