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How will dual citizenship impact my EB-5 application?

I was born in India and I have a New Zealand citizenship. I am currently under an F-1 student visa as a New Zealand citizen. I applied for EB-5 as an India-born applicant about two years ago and will be submitting my I-485 soon. Will USCIS question my citizenship since I am changing from a New Zealand F-1 student to an EB-5 petition of an Indian-born applicant?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    This is an involved situation. You need a consultation appointment with an experienced immigration attorney.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    They will not question your dual citizenship. For EB-5 immigrant visa availability purposes, your country of birth (India) will govern. If you resided in both countries, FBI background checks may take longer to process your I-485.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Neither your New Zealand nor Indian nationality are impacted. You are applying only for a green card and are doing so in F-1 New Zealand status, but you are chargeable to India, based on your place of birth.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For immigration purposes, it is your birth country that governs. Having a dual citizenship has no bearing and USCIS would have no issues with you having dual citizenship. However, your country chargeability would remain with India.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No, it does not matter which country of which you are a citizen. Your place of birth determines the quota you come under. It will not matter.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    No, many people have dual citizenship or have different citizenship other than where they were born. The security clearance for determining admissibility may take little longer if they must look at multiple-country residency. That could make your I-485 approval take longer. However, we have had many clients get their approvals without any issues.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They will look to your country of birth only for what country to charge the visa to. Dual citizenship is fine.

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    Charles Foster

    Immigration Attorney
    Answered on

    The fact that you have acquired New Zealand citizenship should not be material. Since you were born in India, you are still subject to the quota for Indian nationals. As long as you are truthful, there is no problem. If you are currently a New Zealand citizen you would disclose that as well as your place of birth on all applicable applications and petitions.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The USCIS should not question your citizenship. Generally, the EB-5 visa process is based on the country of birth of the petitioner, just as in your case.

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