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Will my children who were born in mainland China be subject to the EB-5 retrogression?

I was born outside mainland China. I married a Chinese wife and had two children who were born in mainland China. They are no longer Chinese citizens. If we apply for EB-5, will our case be subject to any kind of backlogs? Will there be any delay for my wife and my children to become U.S. permanent residents because they were born in mainland China?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Since you are the principal, neither your children nor your spouse will be subject to the China mainland quota.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Your children's visas will be counted against whichever country you are claiming.

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    Phuong Le

    Immigration Attorney
    Answered on

    EB-5 visa availability is tied to the country of birth of the main petitioner. If you were not born in China (or any other backlogged country), congrats and your family can can skip the China backlog if you're the lead petitioner on the I-526 petition.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you were born outside of China, you can have your family cross-charge using your country of birth for immigrant visa processing purposes and not be subject to the China retrogression.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you are not born in mainland China, neither you nor your derivative beneficiaries (wife and children) included in your I-526 petition will be subject to the immigrant visa backlog for Chinese mainland-born nationals.

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    Charles Foster

    Immigration Attorney
    Answered on

    Given the fact that you were not subject to the mainland China quota, your children can cross-charge and will not be subject to the China quota, nor will your spouse.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The country of chargeability for the entire family is the principal applicant's or spouse's country of birth. Therefore, if you were not born in China, your spouse and children will not be subject to the China EB-5 retrogression even if they were born in China.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    The question is not clear and need more information. I do not know what you mean by "They are no longer Chinese citizens." Do they have a passport? If so, from what country? This question is better answered by your own attorney to make sure you have the correct advice. Good luck.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    No. They all benefit from your country of birth.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Your whole family can cross-charge to your country of birth.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    From the way you are asking the question, I reckon that you were not born in mainland China. If that is the case neither your wife nor your mainland-born unmarried children, who are hopefully still minors, will be subject to retrogression. You will need to be the principal investor and they will be your dependents. Best of luck!

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you were born in a country besides China, all members of your immediate family can use your country for quota purposes. So your children and wife should get green cards along with you.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Cross-chargeability may apply and your nationality would count for the process, not theirs.

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