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[Q] I am currently in out of status nonimmigrant status for some time. Can I pursue EB-5 case?


You better discuss your case with an EB-5 practitioner with good knowledge of general US immigration laws. This is because while nothing prevents one from filing I-526 immigrant petition or getting I-526 approved, having been out of status or "unlawfully present" will pose big obstacles to your being able to adjust status to permanent resident via I-485 or obtaining immigrant visas via consular processing abroad.