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From where do EB-5 investors have to apply for the visa?

I have relatives who are China-born Mexican citizens. From where do they have to physically apply for the EB-5 visa: in Mexico or in China?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    They usually want person to interview where they are a resident. It is not based on nationality, although there can be choices.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your relatives are Mexican citizens, even though they were born in China, they have the right to apply for their immigrant visa at the American consulate in Juarez. Typically, one would apply in the country where they are currently residing. However, your relatives are subject to the Chinese quota even though they may be Mexican citizens.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Although they can go through the interview in Mexico where they reside, for visa allocation purposes the Department of State looks at the country of birth - so if they are from mainland China, they would have an additional wait time after they receive their approval.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    They can process at either the U.S. consulate in Mexico or China. However, for country chargeability, these investors will be counted under the Chinese national category and at present, subject to a priority date waiting period as Chinese nationals. Country chargeability is based on birth, not citizenship.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    They should immigrant visa process at the U.S. embassy or consulate having jurisdiction over their place of residence. They will be subject to the per country chargeability limits (for Visa Bulletin cut-off purposes) based upon their country of birth.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your investment immigration attorney will arrange for them to be interviewed where they reside.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Neither; you file the application in the United States.

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    Yazen Abdin

    Immigration Attorney
    Answered on

    The initial step is done with USCIS in the United States. Once approved by USCIS, and once the visa number is current, the investors will be required to go to the U.S. embassy where they are residing to complete the process. So to answer your question, a China-born Mexican citizen may be able to choose depending on where they are living and what nationalities they possess.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    After their I-526 is approved and they are being interviewed for the final step of the immigrant visa application after the DS-260 and the civil documents are submitted, they could be interviewed in Mexico if they live in Mexico currently. The visa number availability under the Visa Bulletin follows where a person was born instead of what their current citizenship is or where they reside. However, the location of the interview follows where the person currently resides.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If they are currently residing legally in Mexico, they can apply there. If they prefer China, they will need to show their current ties there such as a lease or mortgage.

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