Question:

Your prior U.S. Immigration history may have an effect on your current U.S. Immigration goals. Retaining an experienced EB5 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.

You must be admissible as an immigrant in every respect. Grounds of inadmissibility are listed in INA Section 212(a), a few have waivers available to cure them, some issues are temporary while a few are lifetime problems. In addition, you must fully qualify for the immigrant visa classification sought. A big issue in EB-5 is the lawful source and path of funds for the investment for YOU and ALL your partners which may include non-EB-5 Investors also--but their money must be clean also or it kills the EB-5 investors chances of success. That is all the upfront stuff in a nutshell BUT wait, there is more. EB-5 Visa approval only results in CONDITIONAL Resident Status. Later on, you must file an I-829 to petition for the removal of conditions. You must prove that you spent all the required capital and created and/or preserved the minimum number of jobs required. Call or e-mail me if you have concerns.

The 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, 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.