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