While on an F-1 visa, I overstayed by 170 days. As I prepare my EB-5 application, I’m concerned that history could impact my eligibility.
Answers
Joana Fernandes
EB-5 Immigration attorneysDisclose this to your immigration attorney. An overstay of 170 days would potentially not trigger the 3-year unlawful presence bar (which starts at 180 days), so it does not automatically make you inadmissible for EB-5. However, it can still be a negative discretionary factor and will need to be fully disclosed and explained in your application. The overall impact depends on your full immigration history and whether you apply via adjustment of status in the U.S. or consular processing abroad.
Lynne Feldman
EB-5 Immigration attorneysIf it is under 180 days when you file the I-485, you will be excused under Sec. 245(k).
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