How do you determine if a candidate is subject to retrogression?
We have clients whose citizenship differs from their country of birth. How does USCIS determine if a candidate is subject to retrogression or not? Do they look at the citizenship or country of birth?
Answers
This is an excellent question. Most people have the citizenship of their country of birth. Nevertheless, with worldwide mobility increasing, this is no longer necessarily the case. A British citizen could be born in India, and an Indian citizen could be born in one of the Gulf countries. Currently, mainland China, Vietnam, and India-born applicants are subject to retrogression. Therefore, a British citizen born in India would be subject to retrogression despite his/her British citizenship status. On the other hand, an Indian citizen born in one of the Gulf countries such as the United Arab Emirates, Qatar, Bahrain, Kuwait, Oman, etc., would not be subject to retrogression. That said, citizenship does affect whether the applicant could get a counselor interview after obtaining I-526 approval. For example, most citizens of "travel ban countries" such as North Korea, Venezuela, Syria, Somalia, Yemen, Iran, and Libya are barred from entering the US.
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