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).
Madrid Crost Law Group - (888) 466-4478; e-mail: email@example.com; 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.
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