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Question:

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How will overstaying my visa affect my EB-5 application? I am a business owner with 27 full-time employees. I arrived to the United States in 2003 with a tourist visa. I overstayed my visa, and now it is expired. I was in the process of deportation in 2009, but I was granted prosecutorial discretion. I applied for a U visa in 2010, and so far I have no answer. How will overstaying my tourist visa affect my changes of obtaining EB-5 approval? What will happen to my EB-5 application if I am approved for my U visa?

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Answers:

June 13, 2014 11:14 Sal Picataggio

Situations like this would have more of an effect when applying for your conditional permanent residency than for the initial I-526 petition. Retaining qualified US immigration counsel will help you prepare for that portion of the process and how to best proceed to allow for approval.

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June 13, 2014 11:54 Ed Beshara

The petition I-526 can be approved regardless your status in the U.S. If you are in the U.S.and out of status you can not apply for Adjustment to conditional permanent residency. However, if you have been in unauthorized stay in the U.S.for either more than 6 months or one year, then you may not be able to obtain conditional permanent residency to the U.S.through the U.S.Consulate.

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