How can I determine if I have an overstay issue when I have documents with conflicting information? I entered in 2008 with a tourist visa, extended my stay and received a I-797a instead of the I-94. On the long form, the date of departure (the allowable stay) was 2009. However, on the I-797a which is the form that is actually attached to the passport, there is no date. I am still in the U.S., and my company is a federal contractor, meaning doing business with the government. I am interested in pursuing a visa through EB-5, but what are the chances that I am out of status? If I go through the process of EB-5, will I be able to adjust my status on U.S. soil, or will they know I overstayed and I'll need to go through my consulate in my country? If the latter is true, what are the chances that I will be automatically be barred for 10 years?
Your questions calls for an in depth analysis by an experienced EB-5 attorney. The filing of an I-526 is not dependent on the location of the investor. The investor can either be in or out of the U.S. If the investor cannot adjust in the U.S. then the investor will pursue conditional permanent residency through the U.S. Consulate.