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How will the change of residency impact my EB-5 application?

I have already filed my I-526 in Taiwan, which is my birth country. While waiting for it to be approved, I am planning to move to live in Canada, where I am also a citizen. How will this affect the approval of my I-526? Will this be a problem when I go to the U.S. consulate for an interview? I do not want to do anything to jeopardize my EB-5 application.

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is a complete non-issue and the only impact may be you may want to apply to have your final interview in Montreal instead of Taipei.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your moving to Canada should not have any negative effect on the approval of your I-526 petition. By the way, all EB-5 petitioners are judged by their country of birth. In your case, the decision on your petition will be based on your Taiwanese origin and not the Canadian citizenship.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No change in procedure or processing. Your birth country governs as far as priority date is concerned, and change in your citizenship or residence doesn''t affect the processing outside of now. Your venue for consular processing will be through the U.S. consulate in Canada.

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    Charles Foster

    Immigration Attorney
    Answered on

    The move from your country of birth to Canada will have no impact at all on the approval of your EB-5 investor petition on form I-526 or your priority date. You will schedule at the American consulate that has jurisdiction of your place of residence. If you move to Canada where you are also a citizen, then you can be scheduled at the appropriate American consulate in Canada.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your move to Canada should not affect the processing of your I-526 petition. However, when it is time to process your immigrant visa application, that likely will be done in Taiwan unless you file a form I-824 to ask USCIS and the National Visa Center (NVC) to notify a different U.S. consulate, i.e. in Canada, to process your immigrant visa application there.

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    Stephen Berman

    Immigration Attorney
    Answered on

    The visa availability depends solely on your country of birth.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you indicated on your form I-526 that you would apply for an immigrant visa at the U.S. Embassy in Taipei, then you will need to initiate a formal process to change your immigrant visa interview to the appropriate U.S. consulate in Canada. Your immigration attorney needs to be involved with this.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    You may wait for approval on your I-526 from wherever you are in the world. The filing of your I-526 does not require remaining in your current residence. But once you obtain your permanent residency to the U.S., you are expected to maintain your permanent residency in the U.S.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    It will not negatively impact your petition. You can change the location of interview/consulate at the time of I-526 approval.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no impact on the I-526 adjudication. When that is approved, your lawyer will have to request the case number at National Visa Center to be changed to Canada post with the proof of residency. After the post is changed, you will go through the immigrant visa application process in Canada and will be interviewed there.

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