EB-5 Q&A: How can I apply for EB-5 if I am out of status in another country?



Your being out-of-status in another country would not affect your eligibility to participate the EB-5 program.

Usually, applying for a US visa outside the home country will required the applicant to provide legal status in the third country. Therefore, when the visa petition is approved, you will need to return to your home country for the consular processing.  To give you an estimate of time for returning to Brazil, please know that there is currently a backlog of 14 months in the USCIS processing of I-526 applications in the eb-5 program.