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Can B1/B2 overstayed apply for E2 visa?

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  • Can B1/B2 overstayed apply for E2 visa?

    Hi,
    I came to US since Mar'2009 to visit my sister and falled in love with an old authentic restaurant. I'm now in US with overstay B1/B2 visa for almost 1 year. I have invested in a restaurant business. My sister is a permanent greencard. She has helped me in every legal paperworks when I first open the business. I am the one who has invested and operating the restaurant, my sister has done nothing except signing the papers for me. Now my business is running very well but everything is on my sisiter's name. This is my question, Can I apply for an E2 visa?
    Thank you
    T. Boonyalai

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