Father Born in Myanmar – DV Lottery or EB-5 Options? Also, Can I Use Cross-Chargeability?

curious investor

curious investor

New Member
Hi everyone,


I’m looking for guidance on a few related topics involving my father, myself, and possible U.S. immigration paths. I'd be very grateful for any insight from experts or those with similar experience.


‍‍ Father's Background:​


  • Born in Myanmar (Burma) in 1953, but has been an Indian citizen his entire life.
  • Married in 1980.
  • Has undergone heart surgery, but is currently stable and living in India.

❓ Questions:​


  1. DV Lottery Eligibility:
    Can my father apply for the Diversity Visa (DV) Lottery based on his place of birth (Myanmar) even though he is an Indian citizen?
  2. Health Factor in DV/EB-5:
    Could his age (72) or medical history (heart surgery) affect his chances of visa approval if selected for DV or if he applies under EB-5 investor category?
  3. EB-5 Possibility:
    If we invest jointly as a family (son and father), can we use the EB-5 route with pooled investment, or must it be individually filed?
  4. Cross-Chargeability (My Case):
    • I’m 30 years old, unmarried, and born in India.
    • If my father is Myanmar-born, can I apply using cross-chargeability to Myanmar for faster EB or DV-based processing?
  5. If Father Gets DV or Green Card:
    • If he wins the DV lottery or gets a green card through EB-5, how long will it take for me to be eligible to get mine (F2B category)?
    • Can I stay or enter the U.S. while waiting, through I-130?

Any detailed answers or shared experiences would help me a lot. Thank you in advance!


Warm regards
 
curious investor said:
Hi everyone,


I’m looking for guidance on a few related topics involving my father, myself, and possible U.S. immigration paths. I'd be very grateful for any insight from experts or those with similar experience.


‍‍ Father's Background:​


  • Born in Myanmar (Burma) in 1953, but has been an Indian citizen his entire life.
  • Married in 1980.
  • Has undergone heart surgery, but is currently stable and living in India.

❓ Questions:​


  1. DV Lottery Eligibility:
    Can my father apply for the Diversity Visa (DV) Lottery based on his place of birth (Myanmar) even though he is an Indian citizen?
  2. Health Factor in DV/EB-5:
    Could his age (72) or medical history (heart surgery) affect his chances of visa approval if selected for DV or if he applies under EB-5 investor category?
  3. EB-5 Possibility:
    If we invest jointly as a family (son and father), can we use the EB-5 route with pooled investment, or must it be individually filed?
  4. Cross-Chargeability (My Case):
    • I’m 30 years old, unmarried, and born in India.
    • If my father is Myanmar-born, can I apply using cross-chargeability to Myanmar for faster EB or DV-based processing?
  5. If Father Gets DV or Green Card:
    • If he wins the DV lottery or gets a green card through EB-5, how long will it take for me to be eligible to get mine (F2B category)?
    • Can I stay or enter the U.S. while waiting, through I-130?

Any detailed answers or shared experiences would help me a lot. Thank you in advance!


Warm regards
Click to expand...
I can answer for DV, not familiar with specifics for EB5.

1. Yes, place of birth is what matters, not citizenship
2. Yes, it might. He would have to show that he won’t become a public charge in the US, and medical care is expensive there. Given his age and health issues and the fact that he presumably would not have an employment income stream when be moves, he would likely have to be able to show significant savings to cover his costs for the remainder of his life. (If you are considering EB5, it is possible he has this, but it would probably be a high bar.)
4. No, you can only use cross chargeability for DV if your parent was temporarily residing in the ineligible place you were born. Your description is not complete but it sounds like he has been living in India most of his life, so no.
5. If he were to get a green card, the waiting list for F2B is currently around 9 years at the moment. No, you would not be able to use a filed i130 as a basis to reside in the US while waiting, though if you are able to find some other legal means of residence that would be an option, and you could visit temporarily assuming you could get a visitor visa. Note that (1) have to mention this given the background- if your father passes before the case is complete the F2B petition would fall away (2) if you are ever out of status in the US (overstay etc) you would be unable to adjust status there. Also note F2B requires you to stay unmarried.
 
SusieQQQ said:
I can answer for DV, not familiar with specifics for EB5.

1. Yes, place of birth is what matters, not citizenship
2. Yes, it might. He would have to show that he won’t become a public charge in the US, and medical care is expensive there. Given his age and health issues and the fact that he presumably would not have an employment income stream when be moves, he would likely have to be able to show significant savings to cover his costs for the remainder of his life. (If you are considering EB5, it is possible he has this, but it would probably be a high bar.)
4. No, you can only use cross chargeability for DV if your parent was temporarily residing in the ineligible place you were born. Your description is not complete but it sounds like he has been living in India most of his life, so no.
5. If he were to get a green card, the waiting list for F2B is currently around 9 years at the moment. No, you would not be able to use a filed i130 as a basis to reside in the US while waiting, though if you are able to find some other legal means of residence that would be an option, and you could visit temporarily assuming you could get a visitor visa. Note that (1) have to mention this given the background- if your father passes before the case is complete the F2B petition would fall away (2) if you are ever out of status in the US (overstay etc) you would be unable to adjust status there. Also note F2B requires you to stay unmarried.
Click to expand...

Thank you so much for the detailed response. This really helps!


To clarify and follow up on a couple of points:


  1. ✅ My father has indeed lived in India all his life, so I understand I can’t use cross-chargeability for DV in my case.
  2. On the F2B timeline, I appreciate the clarity. I’ll definitely keep in mind the risks like petition loss in case of the petitioner’s death or marriage issues.


Follow-Up Questions:​


  1. Cross-Chargeability for EB-2 or EB-5:
    • Just to confirm — is cross-chargeability ever possible in the employment-based categories (EB-2 or EB-5) through a parent’s country of birth (Myanmar), if the beneficiary (me) was born in India?
    • For example, if I were applying under EB-2 India, can I cross-charge to Myanmar if my father was born there?
  2. EB-5:
    • If anyone here has experience with EB-5, could you share how health issues or age affect approval chances?
    • Also, is joint family investment permitted, or does each person (father and son) need to invest separately?

Would really appreciate anyone with experience in EB categories or attorney-level knowledge to weigh in. Thanks again to the community!
 
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