Changeability Country Question

[Immigrant4321 0]

Indian citizen, born in Kuwait. 
What would the chargability area for an EB-3 visa be?

 

Additionally, Indian citizen, born in Kuwait, then acquires Canadian citizenship. What would the chargability area for an EB-3 visa be?

 

Thanks in advance!

[HRQX 4,145]

36 minutes ago, Immigrant4321 said:

What would the chargability area for an EB-3 visa be?

Kuwait. But depending on the applicant's parent(s) status in Kuwait at the time of the applicant's birth then India may or may not be an option: https://fam.state.gov/fam/09FAM/09FAM050302.html "If the consular officer has determined that, at the time of the child’s birth, the parent or parents were stationed in such country under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to that foreign state, the applicant may be charged to the foreign state of either parent.  The provisions of INA 202(b)(4) also apply to an alien born on the high seas."

[Immigrant4321 0]

1 minute ago, HRQX said:

Kuwait. But depending on the applicant's parent(s) status in Kuwait at the time of the applicant's birth then India may or may not be an option: https://fam.state.gov/fam/09FAM/09FAM050302.html "If the consular officer has determined that, at the time of the child’s birth, the parent or parents were stationed in such country under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to that foreign state, the applicant may be charged to the foreign state of either parent.  The provisions of INA 202(b)(4) also apply to an alien born on the high seas."

Not sure I understand that completely. The parents lived in Kuwait at the time of birth and worked for an airline there. Not a diplomatic post or anything. So is the chargeability area still Kuwait? Thanks

[Immigrant4321 0]

 

On 9/2/2021 at 9:41 PM, Immigrant4321 said:

Not sure I understand that completely. The parents lived in Kuwait at the time of birth and worked for an airline there. Not a diplomatic post or anything. So is the chargeability area still Kuwait? Thanks

@HRQXHi, can you clarify please? Thanks!

 

Also, do you think EB3 applications are straight forward enough to be done without a lawyer? 

And, do you know of any WhatsApp/Telegram groups for this?

 

Thank you!

[SusieQQQ 11,586]

15 minutes ago, Immigrant4321 said:

 

@HRQXHi, can you clarify please? Thanks!

 

Also, do you think EB3 applications are straight forward enough to be done without a lawyer? 

And, do you know of any WhatsApp/Telegram groups for this?

 

Thank you!

My understanding is that it’s Kuwait and you may have had the option to use India (unclear), but even if you could you presumably don’t want to.

 

EB3 requires labor certification and a job offer, why isn’t the employer’s attorney taking care of the application? 
 

 

 

Edited September 6, 2021 by SusieQQQ

[Immigrant4321 0]

1 minute ago, SusieQQQ said:

My understanding is that it’s Kuwait and you may have had the option to use India, but even if you could you presumably dojy want to.

 

EB3 requires labor certification and a job offer, why isn’t the employer’s attorney taking care of the application? 

Thank you. Definitely don't want to use India, lol.

The employer is a relative so I'm doing all the homework to find out the feasibility etc. before they start from their end.

[SusieQQQ 11,586]

17 minutes ago, Immigrant4321 said:

The employer is a relative

That makes it harder to show it is a good faith hire FYI  https://www.nolo.com/legal-encyclopedia/can-family-member-who-owns-us-business-sponsor-you-employment-based-green-card.html

 

 

[Immigrant4321 0]

4 minutes ago, SusieQQQ said:

That makes it harder to show it is a good faith hire FYI  https://www.nolo.com/legal-encyclopedia/can-family-member-who-owns-us-business-sponsor-you-employment-based-green-card.html

 

 

Very true, and I want everything to be above board. Definitely complicated but not impossible. Thank you!