I am an Indonesian national who would like to apply for an EB-5 visa. My husband is a Chinese citizen. After the approval of my I-526, will my husband be able to receive the visa too, or will he be waiting until Mainland China becomes current? What should we do while filing to prevent him from being affected by longer wait times?
Answers
Bernard P Wolfsdorf
Immigration attorneysIf you apply together, your husband can be cross charged to your nationality and avoid the potential Chinese waiting line. At the moment there are no waiting lines for Chinese applying under the new set-aside categories.
Mitch Wexler
Immigration attorneysHe will not be put on whatever China wait list that might exist during the process. You can be the principal applicant, but even if he is, he can cross charge to your country of birth, which at this time is in no risk of backlogging. Discuss the best course of action with experienced counsel.
Dennis Tristani
Immigration attorneysYour spouse will be chargeable to the Indonesian visa quota (cross chargeability) which means he can process his visa at the same time as you and not be subject to the China waiting list. He will have to file for adjustment of status or complete consular processing with you (at the same time) in order to take advantage of cross chargeability.
Lynne Feldman
Immigration attorneysEither one of you can be the EB-5 principal and then you both can cross-charge to Indonesia. Less likely to have issues if the Indonesian national is the EB-5 principal though.
Belma Demirovic Chinchoy
Immigration attorneysAfter I-526 approval, your attorney should request that NVC process your cases under Indonesia to chargeability and your hudband will be able to process at the same time as you.
Darren Silver
Immigration attorneysUnder cross chargeability, you will be able to utilize the Indonesian citizenship to avoid the retrogression.
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