madankumars
Registered Users (C)
hello
i am an australian citizen but born in india.
am i affected by priority date retrogression...?
i am an australian citizen but born in india.
am i affected by priority date retrogression...?
Priority date Retrogression - Country of Citizenship or Birth?
- Thread starter madankumars
- Start date
It's country of citizenship not birth. US immigration asks you country of birth because most of the time that is country of citizenship. I have asks the same question for DV lottery and GC process. My lawer told me that its country of citizenship not birth.
Last edited by a moderator:
madankumars
Registered Users (C)
I think the "Country of Birth" applies only to the Green Card Lottery.
Heres some links
http://travel.state.gov/visa/frvi/glossary/glossary_1363.html
Charge/Chargeable: There are numerical limits on the number of immigrant visas that can be granted to aliens form any one foreign country. This limit is the same for all countries. The limit is based on place of birth, not citizenship. Where the immigrant is "charged", means that person is counted towards a given country's numerical limit. For example, an immigrant born in Ethiopia is "charged" to Ethiopia, and therefore counted towards reaching the numerical limit for that country. The person would be "charged" to Ethiopia, even if the immigrant born in Ethiopia was born of Yemeni parents and has a passport from Yemen.
Although immigrants are normally "charged" to their country of birth, and immigrant is sometimes able to claim another for the sake of immigration. You would do this if it helps the immigrant in reaching the "cut-off date" date faster. For example, suppose you were born in India, but your spouse was born in Sudan. The "cut-off date" for a person born in India is earlier in family fourth preference immigration category than the "cut-off date" for a person born in Sudan. We can "charge" you to Sudan, rather than India, and you can use the more favorable cut-off date for Sudan. Therefore, you would be able to immigrate years earlier with a chargeability to Sudan than a chargeability to India.
http://www.indiaimmigrationusa.com/index_files/Page775.htm
State Department has indicated recently that the earliest it foresees movement in the newly-retrogressed employment-based third preference per-country limits would be March 2005, but that April is probably more realistic. This is more a reflection on the limitations of the process used to count the numbers than an indication of when there in fact might be movement. The priority dates are allotted on the basis of the country of birth and not on the basis of country of citizenship, and parents cannot claim the benefit of the country of birth of their children. But the children may be charged against their parents country of birth to determine the quota eligibility based on the priority date. Only those applicants who are physically present in U. S, who filed their applications on or before December 30, 2004 are eligible to receive work permit and continue to stay in U. S since their applications will be kept in abeyance by USCIS until their priority dates reaches, since retrogression occurred. These are called pipeline cases and they are considered to be pending until the visa number becomes available and the applicants are eligible to receive interim benefits like work permits and advance parole. Their stay in U. S will be considered as authorized by the Attorney General since their application for Green Card is pending.
http://www.dwt.com/practc/empservices/bulletins/01-05_VisaRetrogression.htm
The U.S. Department of State (DOS), in its monthly Visa Bulletin for January 2005, reports that a cut-off date of Jan. 1, 2002, will be imposed for the Employment-Based Third Preference (EB-3) immigrant visa category, starting on Jan. 1, 2005. The employment-based immigrant visa categories have not had a cut-off date for more than three years. This development is called a retrogression (or “regression”) of visa numbers and could have a substantial effect on the ability of employers to sponsor certain types of professional and skilled employees for green cards. The retrogression affects individuals born in China, India and the Philippines whose priority date is after the cut-off date.
I am a citizen of India, but I was born in another country. Am I still subject to the retrogression?
An applicant for permanent residence is generally "charged" to the country where s/he was born; so if you were not born in India, mainland China, or the Philippines, you will not be subject to the current retrogression.
There are also certain circumstances in which you may be "chargeable" to a country other than your country of birth.
For example, if you were born in India, but neither of your parents were residents of India at the time of your birth, you may be chargeable to your parents' country of birth, and thus avoid being affected by the visa retrogression.
http://travel.state.gov/visa/frvi/glossary/glossary_1363.html
Charge/Chargeable: There are numerical limits on the number of immigrant visas that can be granted to aliens form any one foreign country. This limit is the same for all countries. The limit is based on place of birth, not citizenship. Where the immigrant is "charged", means that person is counted towards a given country's numerical limit. For example, an immigrant born in Ethiopia is "charged" to Ethiopia, and therefore counted towards reaching the numerical limit for that country. The person would be "charged" to Ethiopia, even if the immigrant born in Ethiopia was born of Yemeni parents and has a passport from Yemen.
Although immigrants are normally "charged" to their country of birth, and immigrant is sometimes able to claim another for the sake of immigration. You would do this if it helps the immigrant in reaching the "cut-off date" date faster. For example, suppose you were born in India, but your spouse was born in Sudan. The "cut-off date" for a person born in India is earlier in family fourth preference immigration category than the "cut-off date" for a person born in Sudan. We can "charge" you to Sudan, rather than India, and you can use the more favorable cut-off date for Sudan. Therefore, you would be able to immigrate years earlier with a chargeability to Sudan than a chargeability to India.
http://www.indiaimmigrationusa.com/index_files/Page775.htm
State Department has indicated recently that the earliest it foresees movement in the newly-retrogressed employment-based third preference per-country limits would be March 2005, but that April is probably more realistic. This is more a reflection on the limitations of the process used to count the numbers than an indication of when there in fact might be movement. The priority dates are allotted on the basis of the country of birth and not on the basis of country of citizenship, and parents cannot claim the benefit of the country of birth of their children. But the children may be charged against their parents country of birth to determine the quota eligibility based on the priority date. Only those applicants who are physically present in U. S, who filed their applications on or before December 30, 2004 are eligible to receive work permit and continue to stay in U. S since their applications will be kept in abeyance by USCIS until their priority dates reaches, since retrogression occurred. These are called pipeline cases and they are considered to be pending until the visa number becomes available and the applicants are eligible to receive interim benefits like work permits and advance parole. Their stay in U. S will be considered as authorized by the Attorney General since their application for Green Card is pending.
http://www.dwt.com/practc/empservices/bulletins/01-05_VisaRetrogression.htm
The U.S. Department of State (DOS), in its monthly Visa Bulletin for January 2005, reports that a cut-off date of Jan. 1, 2002, will be imposed for the Employment-Based Third Preference (EB-3) immigrant visa category, starting on Jan. 1, 2005. The employment-based immigrant visa categories have not had a cut-off date for more than three years. This development is called a retrogression (or “regression”) of visa numbers and could have a substantial effect on the ability of employers to sponsor certain types of professional and skilled employees for green cards. The retrogression affects individuals born in China, India and the Philippines whose priority date is after the cut-off date.
I am a citizen of India, but I was born in another country. Am I still subject to the retrogression?
An applicant for permanent residence is generally "charged" to the country where s/he was born; so if you were not born in India, mainland China, or the Philippines, you will not be subject to the current retrogression.
There are also certain circumstances in which you may be "chargeable" to a country other than your country of birth.
For example, if you were born in India, but neither of your parents were residents of India at the time of your birth, you may be chargeable to your parents' country of birth, and thus avoid being affected by the visa retrogression.
TheRealCanadian
Volunteer Moderator
madankumars said:
Chargeability is the same for the DV lottery as it is for EB immigration.
You are charged to your country of birth unless your parents were non-residents of that country at the time of your birth (unlikely), or if your spouse is chargeable to another country you can claim her country if it is advantageous to you.
Hello,
About me: Born in India...Canadian Citizenship...working in US on TN-1(NAFTA).
My LC got cleared recently...
I asked my lawyer about my application being current to apply for concurrent processing for I-140/485.
- I told him (attached some documents from other websites/lawyers) that my application CANNOT be "current" depending on my "country of birth".
My lawyer called the CIS Bureau to clarify whether "my application will be CURRENT depending on my country of citizenship"...The CIS told him that my application is current (due to my country of citizenship) and I can choose to use that to apply for cocurrent filing (even though I was born in India)
About me: Born in India...Canadian Citizenship...working in US on TN-1(NAFTA).
My LC got cleared recently...
I asked my lawyer about my application being current to apply for concurrent processing for I-140/485.
- I told him (attached some documents from other websites/lawyers) that my application CANNOT be "current" depending on my "country of birth".
My lawyer called the CIS Bureau to clarify whether "my application will be CURRENT depending on my country of citizenship"...The CIS told him that my application is current (due to my country of citizenship) and I can choose to use that to apply for cocurrent filing (even though I was born in India)
vdr123 said:Hello,
About me: Born in India...Canadian Citizenship...working in US on TN-1(NAFTA).
My LC got cleared recently...
I asked my lawyer about my application being current to apply for concurrent processing for I-140/485.
- I told him (attached some documents from other websites/lawyers) that my application CANNOT be "current" depending on my "country of birth".
My lawyer called the CIS Bureau to clarify whether "my application will be CURRENT depending on my country of citizenship"...The CIS told him that my application is current (due to my country of citizenship) and I can choose to use that to apply for cocurrent filing (even though I was born in India)
Please see the Charge/Chargeable heading in the result of the link http://travel.state.gov/visa/frvi/glossary/glossary_1363.html
It may provide further information to you.