EB-5 Q&A: How will previously living illegally in the United States affect my EB-5 visa eligibility?


Unlawful presence is defined as presence after the expiration of the period of stay authorized or any presence without being admitted or paroled. The consequence of unlawful presence are a 3-year or 10-year bar upon requesting re-entry.  However, a minor under the age of 18 does not accrue unlawful presence for purposes of the 3-year and 10-year bars until the day after his or her 18th birthday. Therefore, this would not disqualify you to apply EB-5.