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Question:

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How can I apply for EB-5 as a permanent resident of China? I am a foreigner with permanent residency status in China and married to a native from China. I have two kids, and the oldest is now studying in the United States. We are planning to immigrate to the United States through EB-5 (by going through a regional center and making a $500,000 investment). How should I proceed? How will it change the process with my wife and I being from two different countries?

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Answers:

June 13, 2014 11:07 Sal Picataggio

There really shouldn't be a difference. You'll go through the U.S. Consulate for conditional permanent residency based on where you're residing (so probably Guangzhou). There shouldn't be an effect on the I-526 at all. Be careful with the older child: if you file the I-526 after the child turns 21, the child cannot be counted as a derivative beneficiary.

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June 13, 2014 11:49 Ed Beshara

First you need to retain the services of an experienced EB-5 attorney. Second, the EB-5 rules allow any foreign national to file an EB-5 investors petition and the spouse and children can be nationals of different countries.

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