Questions & Answers

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

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on February 10, 2020

  If you get married, and since I-526 is still pending, you can still use and apply for cross-chargeability.

• Stephen Berman

  Immigration Attorney

  Answered on February 6, 2020

  Cross-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.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on February 6, 2020

  Yes, it is possible.

• Ying Lu

  Immigration Attorney

  Answered on February 6, 2020

  Yes, 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.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 6, 2020

  You probably could, but that will not help you at the I-829 stage.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on February 6, 2020

  Cross-chargeability can be raised at the visa interview stage.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 6, 2020

  If 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.