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Question:

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How can I apply for EB-5 if overstayed my student visa? I have been in the United States on a student visa, which expired last month, and I have not left the country yet. However, my family has the funds available for me to apply for an EB-5 visa. Is it too late to apply for an EB-5 visa if I overstayed my student visa for one month? Should I have my parents transfer the funds, and I apply while I am still in the United States? Or will I have to return home to begin the EB-5 application process?

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Answers:

February 13, 2015 16:48 Ed Beshara

The investors petition showing the investment has been made can be filed whether you are in the U.S.or not.However, you cannot file your application for conditional permanent residency in the U.S.if you are out of status. Therefore if you are now out if status you will have to leave the U.S.and upon the approval of the I-526 investors petition you can apply for the conditional permanent residency visa at the U.S. Consulate in your home country.

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