How will applying for citizenship elsewhere affect an EB-5 application? - EB5Investors.com

How will applying for citizenship elsewhere affect an EB-5 application?

Is it okay to apply for citizenship in another country while I am waiting for U.S. permanent residence through the EB-5 program? Would this have any effect if I decide to later become a naturalized citizen of the United States?

Answers

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

During the EB-5 process you can apply and receive citizenship in another country. Having citizenship in another country will not affect your application and receiving U.S. citizenship.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

It will not impact the EB-5 application.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

The United States does not recognize dual citizenship. To maintain your U.S. permanent residency, you must maintain a physical presence in the United States and pay U.S. taxes.

Steffanie J Lewis

Steffanie J Lewis

Immigration Attorneys
Answered on

The United States is a country of immigrants who entered as a citizen of another country. Many U.S. citizens have dual citizenship. It is not unlawful in the United States to have dual citizenship. However, when you file the I-526, you are requesting a visa to become a permanent resident of the United States. If, after filing the I-526 and entering as a U.S. permanent resident, a person turns around and initiates an application for citizenship in yet another country, the question arises: Did that person intend to be a U.S. permanent resident or not? Two years later, on removing the condition from U.S. permanent resident status, the intent on entry could rise a rebuttable presumption of having attained entry to the United States by misrepresentation. The United States distinguishes nonimmigrant visas from immigrant visas. I have seen no cases where the immigrant visa was used to misrepresent the holder's intent. Most cases concern misrepresentation when a nonimmigrant visa is shown for entry, but the foreign national actually intends to reside permanently. Assume a person initiated the process for citizenship in a third country concurrently with, or before, filing the I-526 and subsequently obtained citizenship in the third country before entering the United States as a conditional permanent resident. There should be no effect if that person later filed for naturalization in the United States. However, upon becoming a U.S. citizen, some other countries divest their citizens of citizenship.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Applying for and obtaining citizenship in another country will not in any way affect your EB-5 I-526 petition or your eligibility to become a lawful permanent resident of the United States. It will not help you, nor will it hurt you in any way.

John J Downey

John J Downey

Immigration Attorneys
Answered on

It should have no effect on your U.S. application.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

The U.S. does not care what citizenship you have, or get. It will almost certainly not impact your EB-5 application.

Ian E Scott

Ian E Scott

Immigration Attorneys
Answered on

This will not have any impact on an EB-5 application.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

There is no problem with that unless we have labeled it a terrorist country.

Raymond Lahoud

Raymond Lahoud

Immigration Attorneys
Answered on

You can apply for citizenship in a different country. Nonetheless, your EB-5 category will be set by your country of origin. A person naturalized as a U.S. citizen may not lose his/her citizenship of the country of birth. Also, U.S. law does not mention "dual nationality" or require a person to choose one citizenship over another.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

It should have no impact at all.

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.