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How might an illegal stay in another country affect an EB-5 petition?

While an unlawful presence in a foreign country has no direct effect on whether an applicant is eligible for the EB-5 Visa, the issue may come up during the visa application interview. Also, if a prospective EB-5 investor is currently living illegally in another nation, he/she will likely need to return to his/her home nation to consular process. It would be best for anyone in such circumstances to consult a U.S. immigration attorney before proceeding with an EB-5 investment.