How can I use cross-chargeability to save my EB-5 case with a bankrupt project? - EB5Investors.com

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

A Olusanjo Omoniyi

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Ying Lu

Ying Lu

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

Mark AM Catam, Esq

Mark AM Catam, Esq

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, it is possible.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.