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What delays in EB-5 can a foreign-born Chinese citizen expect?

I submitted my I-526 petition last year in September and am still waiting to hear back. I am a Singapore-born Chinese citizen. I do not hold a Singapore passport nor a Singapore green card. Would the delay be because I am in the EB-5 China backlog? Even if I am not included in the backlog, will there be delays in my consular processing?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your place of birth determines which country category you are placed into. As you were born in Singapore, your delays in obtaining conditional permanent residency will not be asking as if you were born in mainland China. Regardless of the country of birth, the adjudication of the I-526 petition will take the same time.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you have birth record that you were born in Singapore and not mainland China, the Chinese immigrant visa retrogression should not apply to you because it is based on country of birth. Please consult an immigration attorney.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    As you seem to suggest that you might have filed as a Chinese citizen, the waiting period so far is not too long. The EB-5 processing is largely determined by the country of origin of the applicant. Therefore, in your situation, be aware that you will be actually be subjected to the EB-5 China backlog.

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    Charles Foster

    Immigration Attorney
    Answered on

    The key question is where you were born. If you were born in Singapore, you would be subject to the quota for Singapore, but it appears from your question that you were born in the People's Republic of China. Thus, you will be subject to a significant and growing backlog under the EB-5 quota for mainland born Chinese that appears to be at least 2+ years, but in fact may be 4-5 years or even longer. If you are a Chinese national, the primary delay will be the backlog under the quota, although there are always delays in adjudicating the I-526 petition and the consular processing itself, although in the case of consular processing, normally not more than six months. If you are a Chinese national, your best hope time-wise will be for Congress as part of reauthorization of the program to increase EB-5 visa numbers.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Do you have a Singapore birth certificate? The visa number movement is based on the person's country of birth. If you have a birth certificate that shows that you were not born in mainland China, then you need not worry about the retrogression of the EB-5 visa numbers for China-born investors. However, as you do not have the Singapore passport or permanent residency, things may be more complicated than what you were able to ask online. Please consult with an experienced immigration attorney with your documents so that they could guide you properly.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    It appears you will be considered as a mainland Chinese and subject to the waiting line for a visa.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are born in Singapore, and can prove it, you are not subject to the Chinese-born waiting line.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    You should not be in the EB-5 China backlog. Processing the I-526 is taking more than a year. Once your I-526 is approved, you will move directly to consular processing without delay.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The I-526 processing is not affected by the visa backlog. I-526 petitions are taking 16.7 months on average to process because of the sheer popularity of the program. Once the I-526 is approved, mainland Chinese citizens will have to wait up to two years (currently) for a visa to be available for them.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    You are not subject to the backlog, which is based on birth, not citizenship. You should be able to process through Guangzhou in the normal course.

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