Does the EB-5 application authorize me to stay in the US if I am out of status?

The EB-5 visa is a program that enables foreign investors to obtain permanent residence in the United States through investments that create jobs for Americans. However, it is important to understand that this benefit is conditioned upon meeting specific requirements and does not automatically serve as authorization to remain in the country, especially if you are currently out of status.

If you are out of legal status in the United States, applying for the EB-5 visa does not by itself provide an automatic ‘fix’ for your situation. Having a pending EB-5 petition does not correct the irregularity of your stay.

To adjust status within the country, it is usually necessary to have filed the application while in lawful status. Otherwise, the investor may need to leave the country and complete the process through consular processing.

Being out of status can cause complications such as accruing unlawful presence, making future adjustments more difficult. Therefore, it is crucial to act cautiously, comply with immigration laws, and seek specialized professional support for personalized analysis and safe guidance, avoiding risks and false promises.

Complying with immigration regulations is essential to handle your case in an informed and secure manner.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.