I came to the US on F1 visa and after 3 years of college, I had to drop-out in March 2012 because of financial reasons. My I-485 was denied because I aged out; I was just 1 month over the age of 21. My parents received their Green Cards and now they are LPRs. I am the only child and my parents have need me here because my father has Bi-Polar Disorder and my mother is Diabetic and has heart related health issues. My question is, lets say I overstay for 2-3 years, and I have either $500,000 or $1,000,000 to invest. Can I apply for a EB-5 Visa and get my status adjusted here in the US itself, without having to leave the country?
No offense. But, if you had financial problems with your school, how are you going to come up with $500,000?
In any case, no, you can not change your status in the US if you are out-of-status.
You will need to go to a US Consulate in your home country.
Talk to a lawyer quickly.
Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law - email@example.com
Our services are not limited by State, nor International bounderies. Our licenses allow us to represent people worldwide.
Do not rely completely on information you get on any website. It is always wise to consult personally with an immigration attorney before taking action.
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Capriotti International Law
If you are out of status you cannot change your status to a legal status under the EB-5 basis. You would have to leave the U.S. and apply for a visa. Once you leave the country, you would be subject to the 3 or 10 year unlawful presence bars and you could be stuck outside of the U.S. for up to 10 years, absent obtaining a waiver.
Your parents may be able to sponsor you, but you would still have to leave the country first, unless they are citizens, in which case you could qualify for filing a waiver under the provisional waiver program, although it has not yet been implemented.
Consult with a competent attorney or BIA-accredited representative.
Daniel Green, Esq.
Serving the Hudson Valley, Northeast, and the World Beyond
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402
You will want to set a consultation to fully review your options. As noted, you do not have the option of adjusting from within the US after an overstay (unless you are an immediate relative - spouse or parent of a US citizen). You may want to review what options will work for you, both short and long term.
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