How can I apply for the EB-5 visa if I overstayed in the U.S.? - EB5Investors.com

How can I apply for the EB-5 visa if I overstayed in the U.S.?

If someone overstayed in the U.S. for less than 180 days and then left, are they barred from visiting the United States during the period of their 5-year visa? If so, could they apply for the EB-5 visa in the future?

Answers

Lynne Feldman

Lynne Feldman

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Answered on

If prior overstay unlikely to get a visitor visa renewed but can try. The overstay less than 180 days won’t affect eligibility for the EB-5 permanent residency.

Michael A Harris, Esq

Michael A Harris, Esq

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Answered on

If you did not accrue more than 180 days of unlawful presence in the U.S. then you may not be inadmissible. But you will need a tourist visa again as the one you had was automatically voided by your overstay. You can seek an EB-5 visa in the future.

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