Overstayed J-1. Can I apply for an EB-5?

plyp

New Member
I'm looking to apply for an EB-5 green card. Here's my situation.

I overstayed my J-1 visa for about a year. There's no 2 years rule on my visa. Now I'm still in the US.
Due to the financial reason, I must go back to my home country for a few months.

Questions:

1. If I file the EB-5 green card application now, then voluntary leave the US next month while the application is still in process, will I be able to return to the US in the next few months?

2. If I voluntary leave the US now, without applying for the green card, will I be able to apply for the US investment visa from my home country?

Thank you.
 
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