You are hereFrequently Asked Questions / EB-5 Law & Related U.S. Law / [HOT] [Q] I am currently present in the US in nonimmigrant status. What are effects of becoming unlawfully present to my EB-5 case?
[HOT] [Q] I am currently present in the US in nonimmigrant status. What are effects of becoming unlawfully present to my EB-5 case?
You have to distinguish between "out of status" and unlawfully present. When you become "out of status" or fail to "maintain your status", you may or may not be deemed to be accruing "unlawful presence". Basically, you have to avoid acquiring unlawfully presence period of 180 days or more, and avoid 3 year and 10 year bars from obtaining any immigrant or nonimmigrant status.
If you cannot maintain your status all the way until you obtain conditional green card, you better talk to an experienced immigration attorney regarding your case because this has serious legal and practical consequences to your future ability to obtain any kind of visa or status (both nonimmigrant and immigrant status).
This is one of the reasons we do not advise any potential EB-5 investors residing abroad to come into US as tourists and then try to start and complete their EB-5 cases.