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I was born in china but raised in Chile, can I use my Chilean citizenship to apply for EB2 Employment based visa?

New York, NY |

Hi, I was born in China, but I moved to Chile when I was 9 years old, currently I am holding the Chile Citizenship. Can I apply using that citizenship to apply for the EB2 category employment based visa?. I am holding master degree in computer science from an accredited college in USA.

Attorney Answers 6

Posted

I agree with all of my colleagues - country of birth determines chargeability, even if you obtain citizenship somewhere else later (of course, you can still process a green card case under EB-2 if your employer can sponsor you for an EB-2 job; it will just be under chargeability for China).

One thing though - there is something called "cross-chargeability" - if your have a spouse born in Chile, you could process in the all-other category using her country of birth even though you, not the spouse, are the one being sponsored. May not help you, but once in a while this can be a big help to a family.

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Posted

No. Visa chargeability is based on country of birth.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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1 lawyer agrees

Posted

Attorney Ferrari is correct

The statement above is only for general knowledge purposes and at no time intended to be a legal opinion. The individual posting the question and those reading should always obtain the advice of a qualified attorney. No attorney/client relationship is established.

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Posted

No, my colleagues are correct.

The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.

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Posted

Yes.

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Posted

correct -- visa chargeability is only based on country of birth but if your spouse were from chile then you could cross-charge,.


Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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