Cross-chargeability with parents' country of birth

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reedandbamboo

Registered Users (C)
If one of my parents wasn't born in India, can I use his/her country of birth to file my (EB2) I-485? I spoke to two attorneys and they gave me two conflicting answers:

Attorney #1: Definitely "yes" if BOTH parents were born outside India, but a "grey area" when ONLY ONE parents' birthplace is not India.

Attorney #2: Definitely "no" in case of an employment based petition (parental cross-chargeability only possible if filing as a dependent).

Could somebody please clarify which one is correct?
 
You can use either parent's birth country.
If you are adopted now you can definetely show another country.
In case both parents are Indian and if you claim abondenment you can apply for asylum too.
However, in case you can get adopted by American parents, you will get a GC for sure.

Please keep us posted on how this works out!


reedandbamboo said:
If one of my parents wasn't born in India, can I use his/her country of birth to file my (EB2) I-485? I spoke to two attorneys and they gave me two conflicting answers:

Attorney #1: Definitely "yes" if BOTH parents were born outside India, but a "grey area" when ONLY ONE parents' birthplace is not India.

Attorney #2: Definitely "no" in case of an employment based petition (parental cross-chargeability only possible if filing as a dependent).

Could somebody please clarify which one is correct?
Click to expand...
 
Last edited by a moderator:
No way

reedandbamboo said:
If one of my parents wasn't born in India, can I use his/her country of birth to file my (EB2) I-485? I spoke to two attorneys and they gave me two conflicting answers:

Attorney #1: Definitely "yes" if BOTH parents were born outside India, but a "grey area" when ONLY ONE parents' birthplace is not India.

Attorney #2: Definitely "no" in case of an employment based petition (parental cross-chargeability only possible if filing as a dependent).

Could somebody please clarify which one is correct?
Click to expand...

Attorney #2 is right. If you are not married you can marry someone who is not from India and use cross chargeability through your spouse.

From USCIS point of view, you belong to the country which is written in your birth certificate. BTW Birth certificate is much more important than your passport.

Sorry, But cross chargeability you can use only through your spouse.
 
Last edited by a moderator:
reedandbamboo said:
If one of my parents wasn't born in India, can I use his/her country of birth to file my (EB2) I-485? I spoke to two attorneys and they gave me two conflicting answers:

Attorney #1: Definitely "yes" if BOTH parents were born outside India, but a "grey area" when ONLY ONE parents' birthplace is not India.

Attorney #2: Definitely "no" in case of an employment based petition (parental cross-chargeability only possible if filing as a dependent).

Could somebody please clarify which one is correct?
Click to expand...
It's not possible for EB category.
 
!!!!

nyc8300 said:
You can use either parent's birth country.
If you are adopted now you can definetely show another country.
In case both parents are Indian and if you claim abondenment you can apply for asylum too.
However, in case you can get adopted by American parents, you will get a GC for sure.

Please keep us posted on how this works out!
Click to expand...


Your sarcasm is not appreciated!
 
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