F1 Violation/Out-of-Status - My Parents are Green Card Holders [LPR] - I'm the only child - Can I apply for EB-5 investor visa?

Asked about 2 years ago - Woodbridge, NJ

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?

Additional information

What if I apply for I-601 to waive the 3 or 10 yr bar? The reason I say this is because as I am the only child, and my parents would be over 50 by the time I file for adjustment under EB-5, given their health issues, I think I might be eligible to waive the bar by showing extreme hardship to them. Am I right?

Attorney answers (5)

  1. F. J. Capriotti III

    Contributor Level 20

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    Answered . 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.

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    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It... more
  2. Daniel E. Green

    Contributor Level 13

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    Lawyer agrees

    Answered . 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.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
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    Mailing Address: PO Box 3238, Kingston, NY 12402

    This answer should not be construed as legal advice and should not be relied on to take any action whatsoever;... more
  3. Rebecca T White

    Contributor Level 15

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    Lawyer agrees

    Answered . 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.

  4. Robert V Cornish Jr.

    Contributor Level 16

    1

    Lawyer agrees

    Answered . FYI - just applying to be in an EB-5 program isn't enough. The funds have to be committed to the project and proof of receipt of funds has to be provided to USCIS. And the program sponsor has to affirm your status as an eligible, accredited investor.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client... more
  5. Robert West

    Contributor Level 20

    Answered . No, once out of status it cannot be done in the US.

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