If I live in the United States but do not currently have a visa, am I eligible to apply?

Yes, if you are currently living in the United States without a proper Visa you are still eligible to apply for an EB-5 Investor Visa.  However you are not permitted to apply from within the United States.  Out-of-status individulas are considered to be Students, Tourists or E-2 Treaty Investors who no longer have a valid Visa because they may have remained in the United States after their previous Visa was revoked or has expired.