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?
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.
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).
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