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How can I apply for EB-5 as a permanent resident of China?

I am a foreigner with permanent residency status in China and married to a native from China. I have two kids, and the oldest is now studying in the United States. We are planning to immigrate to the United States through EB-5 (by going through a regional center and making a $500,000 investment). How should I proceed? How will it change the process with my wife and I being from two different countries?

Answers

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    Lei Jiang

    Immigration Attorney
    Answered on

    There is not much difference from the normal petitions (husband and wife are from the same country). Just indicate on the petition and provide a marriage certificate, as usual.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You need proper legal counsel. The issue of your two different nationalities is easily resolved. I will be happy to assist when you are ready.

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    Robert Abedi

    Immigration Attorney
    Answered on

    This is no problem. Our law firm will have additional evidence of the relationship, etc., but other than that, this would be not a problem.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    We would be happy to assist you and answer your questions. The fact that you and your wife are from different countries is not a problem at all, and you can cross-charge to the most favorable country if one of them gets backed up.

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    Michael Okechuku

    Immigration Attorney
    Answered on

    Your legal residency in another country should not be an obstacle for a successful EB-5 application, assuming you meet all other eligibility requirements and you are not inadmissible to the United States. You will also be able to immigrate with your wife, again, assuming that your wife has no issues with her home country and is not inadmissible to the United States. Our office can and is willing to assist you with your EB-5 application through your migration to the United States, and please feel free to contact me at your earliest convenience.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There really shouldn''t be a difference. You''ll go through the U.S. Consulate for conditional permanent residency based on where you''re residing (so probably Guangzhou). There shouldn''t be an effect on the I-526 at all. Be careful with the older child; if you file the I-526 after the child turns 21, the child cannot be counted as a derivative beneficiary.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can apply for the EB-5 visa just like any other foreign investor, as long as you meet the EB-5 requirements: 1) investing a minimum of $500,000 in a rural area or $1 million in an urban area; 2) your money must come from lawful source(s); and 3) upon investing you must create a minimum of 10 jobs for U.S. workers within 2 years. The fact that you and your wife are from two different countries is neither a problem nor a hindrance, and it will not change the process. To ensure you get a good counseling, consult an EB-5 immigration attorney to put your plan together.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Please consult an experienced EB-5 immigration attorney with consulate processing experience, because of the two country origins. Because China has currency exchange and wiring limits of $50,000 per year per person, as well as a different tax system, the most important/difficult issue to address would be proving and tracking the source of funds.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You should contact an experienced EB-5 immigration attorney, such as myself, who can speak with you directly to answer your questions. It is important that you and your attorney discuss all aspects of the case and the EB-5 requirements so that you can make a decision about what is the best immigration option for you and your family. The fact that you and your wife are from different countries should not have any effect on your case.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    The fact that you and your wife are from two different countries does not matter. Only one of you will apply as the primary, with the rest as dependents. I would recommend that you apply as the primary and your wife as a dependent. Should you require more information, or want to discuss it further, please feel free to contact us.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It makes no difference.

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    Ed Beshara

    Immigration Attorney
    Answered on

    First, you need to retain the services of an experienced EB-5 attorney. Second, the EB-5 rules allow any foreign national to file an EB-5 investors petition, and the spouse and children can be nationals of different countries.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    The fact that you and your wife are from two different countries will not be an issue as the EB-5 program is open to citizens of all countries. You will qualify for the EB-5 visa as long as you can prove the nature and source of assets you are using to make the $500,000 investment, and upon approval, your wife and children under age 21 will be granted derivative status.

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