Will my children who were born in mainland China be subject to the EB-5 retrogression? - EB5Investors.com

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

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

Your children&#39s visas will be counted against whichever country you are claiming.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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.

Phuong Le

Phuong Le

Immigration Attorneys
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&#39re the lead petitioner on the I-526 petition.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The country of chargeability for the entire family is the principal applicant&#39s or spouse&#39s 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.

Charles Foster

Charles Foster

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
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!

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Mitch Wexler

Mitch Wexler

Immigration Attorneys
Answered on

No. They all benefit from your country of birth.

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