A Olusanjo Omoniyi
Immigration Attorney
Answered on
If you get married, and since I-526 is still pending, you can still use and apply for cross-chargeability.
How can I use cross-chargeability to save my EB-5 case with a bankrupt project?
I am a mainland China-born EB-5 investor. My I-526 petition was approved in 2018, but I am still waiting for my priority date to become current. Recently I heard that the project I invested in is going through bankruptcy. My boyfriend was born in Hong Kong and we plan to get married next month. Can I use cross-chargeability to get a green card despite the issue with the project?
Answers
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Stephen Berman
Immigration AttorneyAnswered onCross-chargeability will help with the priority date. But it will not make a person eligible for a visa for which one is not otherwise eligible. So, if you could not be granted adjustment on your own, you cannot be approved married either.
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Ying Lu
Immigration AttorneyAnswered onYes, you can. However, if the project fails and if it has not created the required jobs, even though you file your I-485 or DS-260 and get a conditional green card, you may still not get through the I-829.
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Salvatore Picataggio
Immigration AttorneyAnswered onYou probably could, but that will not help you at the I-829 stage.
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Belma Demirovic Chinchoy
Immigration AttorneyAnswered onCross-chargeability can be raised at the visa interview stage.
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Bernard P Wolfsdorf
Immigration AttorneyAnswered onIf the jobs were created, you may be able to save your case and if you have a good faith marriage to a person born in Hong Kong, you can cross charge to their place of birth and will likely be able to obtain a green card within a few months of notifying the National Visa Center.
