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Can I start a business in the States if I have overstayed my visa?

Chicago, IL |

Can I start a business in the States if I have overstayed my visa and don't have SSN ? However, I do have tax ID number?

Attorney Answers 4


As you know, your presence in the USA is not legal so all activities in the USA are in violation of your immigration status.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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Please don't ask us to give you permission to break the law.

Go home ... but, meet with an attorney in private first.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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You can start a new business or buy an existing business regardless of your immigration status. However, if you are thinking to start a business FOR THE PURPOSE of obtaining a business Visa, you will have to apply for a new Visa in your home country, and request a non-immigrant waiver if you overstayed your current Visa for more than 180 days.

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If you are a citizen of a treaty country, you can apply for an E-2 visa. However, you must exit if you have overstayed your visa. Be aware that exiting may trigger the bar if you have overstayed for more than 180 days and your I-94 bears a specific expiration date. If your I-94 indicates D/S (duration of status) and you have not been declared unlawfully present by USCIS or the Immigration Judge, you will not be subject to the bar (thus, you are able to return under E-2 if you meet the requirements).

Madrid Crost Law Group - (888) 466-4478; e-mail:; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site:

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