Reza Rahbaran
Immigration Attorney
Answered on
A thirty day overstay will not bar you from receiving an EB-5 visa.
What immigration actions could bar me from obtaining EB-5?
I visited the USA in 2009 and I was there for 30 days longer than I was permitted. I returned to Brazil and now have fully economic conditions to apply for an EB-5 visa. Does the fact that I exceeded the period in 2009 make me unable to obtain the EB-5?
Answers
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Bernard P Wolfsdorf
Immigration AttorneyAnswered onIf you did not exceed your status by 180 days or more, or work illegally, you should be eligible to apply for an EB-5 visa.
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Shahzad Q Qadri
RC CreatorAnswered onYour overstay should not bar you from receiving EB-5, provided you were not deported or in any other immigration proceedings.
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Lei Jiang
Immigration AttorneyAnswered onYou are ok. A 30 day overstay will not bar your EB-5 application.
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Roberto Ortiz
Immigration AttorneyAnswered onIt depends on the facts of your case. I would like to speak with you to obtain more details and be able to properly give you an answer. Please feel free to contact me.
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Philip H Teplen
Immigration AttorneyAnswered onA 30 day overstay will not create a problem for the EB-5 investment. I will be happy to discus further.
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Lynne Feldman
Immigration AttorneyAnswered onNo, a 30 day overstay is not considered unlawful presence and would not require a waiver.
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Fredrick W Voigtmann
Immigration AttorneyAnswered onIt does not appear that you accrued more than 180 days of unlawful presence in the United States. Therefore, would not be subject to a reentry bar. As long as you did not make any material misrepresentations, which does not appear to be the case, you should be eligible for an EB-5 immigrant visa. The only consequences to your 30-day overstay in 2009 is that the visa you used to enter the U.S. was void as of the date of the overstay and cannot be used for reentry to the United States. You must apply for a new visa in your home country. Therefore, it seems like you are eligible for EB-5 classification.
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Ed Beshara
Immigration AttorneyAnswered onThe answer to your question is NO. The fact you overstayed for 30 days may have required you to obtain a new non-immigrant vid to return to the U.S. However now you are filing an investors petition and upon approval you will be applying for a conditional permanent residency visa at the U.S. consulate; it will be approvable. If you had overstayed for more than 6 months then you would be stopped from coming back into the U.S. for 3 years, but this not the case here.
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Natalia Polukhtin
Immigration AttorneyAnswered onNo, as long as you do not have other immigration violations and your overstay was less than 180 days.
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Jinhee Wilde
Immigration AttorneyAnswered onNo, the fact that you overstayed 30 days beyond your visa status does not trigger any bar. Just make sure you inform your attorney of this fact so that proper disclosure can be made.
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Karen Weinstock
Immigration AttorneyAnswered on30 days overstay a few years ago will not be a reason to deny an EB-5 classification now.
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Bill Travis Klein
Immigration AttorneyAnswered onYou may have problems getting a visa from the consulate depending on other facts. It doesn''t sound like you were subject to the 3 year bar for your overstay and in case the 3 year time period is past already. Consult with an Immigration Attorney before acting on this information.
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Andrew J Fishkin
Immigration AttorneyAnswered onUnlawful presence is an issue, but if it was less than six months (you mention 30 days) you should be fine. Even if it had exceeded three months, but less than one year you would have a three-year bar to admission, which would have expired in 2012. You should be fine applying for EB-5, but make sure that you are truthful with regards to the overstay.
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Dale Schwartz
Immigration AttorneyAnswered onIf you only overstayed your visa by 30 days, you should be OK to apply for EB-5.
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Salvatore Picataggio
Immigration AttorneyAnswered onYour prior U.S. Immigration history may have an effect on your current U.S. Immigration goals. Retaining an experienced EB-5 Immigration Attorney, like the attorneys at our law firm, is essential to help you develop a plan to reach your current goals, taking into account issues like these, as well as the source and transfer of immigration funds, and adjusting status or processing through the U.S. Consulate.
