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

Asked about 2 years ago - 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)

  1. Dhenu Mitesh Savla


    Contributor Level 17


    Lawyers agree

    Answered . 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.
  2. Simone Bertollini

    Contributor Level 13


    Lawyers agree


    Answered . 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.

  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  4. Mary Carmen Remigio Madrid-Crost


    Contributor Level 18

    Answered . 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,... more

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If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

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