Ed Beshara
Immigration Attorney
Answered on
Nationals of Hong Kong are not subject to the same restrictions as Mainland China.
What EB-5 visa queue is Hong Kong considered a part of?
We are from Hong Kong. My child is currently aged 19 years and 4 months. We are worried about the waiting time for the EB-5 visa, considering the age of my child. Is Hong Kong ranked in the same EB-5 visa queue as Mainland China? Will we also have to wait? Do we have enough time to apply for the EB-5 program?
Answers
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Julia Roussinova
Immigration AttorneyAnswered onHong Kong-born applicants are not part of the Mainland China immigrant visa quota.
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Salvatore Picataggio
Immigration AttorneyAnswered onFrom my understanding, Hong Kong is not subject to the Mainland China visa availability delays.
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John J Downey
Immigration AttorneyAnswered onI am not sure if the State Department considers Hong Kong SAR as part of their Mainland China quota. You could ask at the Consulate. I believe you have time to file an EB-5 and your child should be covered under Child Protective Status Act.
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Bernard P Wolfsdorf
Immigration AttorneyAnswered onHong Kong-born principal applicants are not classified as part of the China waiting line.
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Jennifer Parser
Immigration AttorneyAnswered onYou are not considered to be in the Mainland Chinese quota if you are from Hong Kong. Your child may be entitled to some protection through the Child Status Protection Act. The number of months that go by while the petition is pending are subtracted from the child's age at the time the visa becomes available. Provided that your child's age is calculated to be under 21 at the time the immigrant visa is granted to you, your child will be eligible as well.
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Vaughan de Kirby
Immigration AttorneyAnswered onNo, oddly enough for EB-5 Hong Kong is a separate entity. Note it is not citizenship - but place of birth that controls.
