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How is the country of origin determined for the EB-5 visa?

I have been a citizen of Canada for two decades, but was born in China. What will my country of origin be for the EB-5 visa? Am I included in the "China" group for the process and must therefore join the queue?

Answers

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    The country of origin, or better known as country of chargeability, is usually determined by country of birth. In your case, although you are a citizen of Canada, you will be considered "chargeable" to China, since you were born there. You may be able to take advantage of cross-chargeability benefits, where the principal applicant (you) may be charged to the country of birth of the spouse.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The country of origin is determined by where you were born, not the country of where you are currently residing or a citizen. However, if you have been living in Canada and are married to a Canadian-born person, you could use the spouse's birth country to avoid the visa retrogression of China.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The country of birth is used for "country of chargeability," i.e., to determine which country will be used for immigrant visa number/priority date purposes. "Cross-chargeability" is allowed when the principal applicant's spouse (but not children) are born in a different country than the principal applicant.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The Department of State looks at the foreign national's country of birth not citizenship when discerning the country of chargeability (the country of origin).

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally, it is country of birth unless you can charge to your spouse's country of birth. Also, there are rare exceptions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The country of birth unless your spouse was born in another country then you may be able to cross-charge.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, if your client was born in China, he/she will face the visa retrogression issue.

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    Robert Baizer

    Immigration Attorney
    Answered on

    The country of origin is interpreted as the country of birth China in your case. Exceptions exist for persons who can show that, at the time of birth, their parents were just traveling through that country, or, if you have a spouse born in a different country, you could use his or her country of birth. Also, persons born in Hong Kong and Taiwan are in separate quotas from China.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    As an EB-5 applicant, it is your country of citizenship that counts and not where you were born and no longer its citizen. Your country of citizenship, Canada, will determine your categorization.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    It is based on your country of birth. Note that birth in Macaw and Hong Kong will exempt an individual from China retrogression.

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    John J Downey

    Immigration Attorney
    Answered on

    It is the country of citizenship, so you would be in the Canadian quota not the China queue.

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    Ian E Scott

    Immigration Attorney
    Answered on

    You can select Canada as long as you have a Canadian passport.

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