I was born outside mainland China. I married a Chinese wife and had two children who were born in mainland China. They are no longer Chinese citizens. If we apply for EB-5, will our case be subject to any kind of backlogs? Will there be any delay for my wife and my children to become U.S. permanent residents because they were born in mainland China?
Answers
Barbara Suri
Immigration Attorneys DirectoryYour children's visas will be counted against whichever country you are claiming.
Bernard P Wolfsdorf
Immigration Attorneys DirectorySince you are the principal, neither your children nor your spouse will be subject to the China mainland quota.
Julia Roussinova
Immigration Attorneys DirectoryIf you are not born in mainland China, neither you nor your derivative beneficiaries (wife and children) included in your I-526 petition will be subject to the immigrant visa backlog for Chinese mainland-born nationals.
BoBi Ahn
Immigration Attorneys DirectoryIf you were born outside of China, you can have your family cross-charge using your country of birth for immigrant visa processing purposes and not be subject to the China retrogression.
Phuong Le
Immigration Attorneys DirectoryEB-5 visa availability is tied to the country of birth of the main petitioner. If you were not born in China (or any other backlogged country), congrats and your family can can skip the China backlog if you're the lead petitioner on the I-526 petition.
Hassan Elkhalil
Immigration Attorneys DirectoryThe question is not clear and need more information. I do not know what you mean by "They are no longer Chinese citizens." Do they have a passport? If so, from what country? This question is better answered by your own attorney to make sure you have the correct advice. Good luck.
Fredrick W Voigtmann
Immigration Attorneys DirectoryThe country of chargeability for the entire family is the principal applicant's or spouse's country of birth. Therefore, if you were not born in China, your spouse and children will not be subject to the China EB-5 retrogression even if they were born in China.
Charles Foster
Immigration Attorneys DirectoryGiven the fact that you were not subject to the mainland China quota, your children can cross-charge and will not be subject to the China quota, nor will your spouse.
Salvatore Picataggio
Immigration Attorneys DirectoryCross-chargeability may apply and your nationality would count for the process, not theirs.
Dale Schwartz
Immigration Attorneys DirectoryIf you were born in a country besides China, all members of your immediate family can use your country for quota purposes. So your children and wife should get green cards along with you.
Marko Issever
EB-5 Broker DealersFrom the way you are asking the question, I reckon that you were not born in mainland China. If that is the case neither your wife nor your mainland-born unmarried children, who are hopefully still minors, will be subject to retrogression. You will need to be the principal investor and they will be your dependents. Best of luck!
Lynne Feldman
Immigration Attorneys DirectoryYour whole family can cross-charge to your country of birth.
Mitch Wexler
Immigration Attorneys DirectoryNo. They all benefit from your country of birth.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.