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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

  • Avatar

    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.

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    Stephen Berman

    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.

  • Avatar

    Ying Lu

    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.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

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

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

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

  • Avatar

    Bernard P Wolfsdorf

    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.

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