Cross Chargeability

S

SHAMAL

Registered Users (C)
I have a question about cross chargeability. I would very much appreciate it if someone can comment on this:

My kids were born in Denmark. Wife and I born in India. Can I use the Denmark quota instead? DOS website says for example, one can charge to spouse contry of birth to take advantage in reaching the cut off date faster.

Just a thought that came to my mind to see if there is a saving grace here somehow.

Thanks.

I am in EB1 category with a PD of May 2003. I-485 stuck in security check.
 
I got the same question

My wife was born in Sri Lanka. I don't know I can do something for this.
My lawyer said we should have done this while applying 485 itself. I don't know why?
EB3 - PD: 09/2002
140&485 filed on: 10/2003
140: 05/2005
485....?
 
Sorry to disappoint you....

SHAMAL said:
I have a question about cross chargeability. I would very much appreciate it if someone can comment on this:

My kids were born in Denmark. Wife and I born in India. Can I use the Denmark quota instead? DOS website says for example, one can charge to spouse contry of birth to take advantage in reaching the cut off date faster.

Just a thought that came to my mind to see if there is a saving grace here somehow.

Thanks.

I am in EB1 category with a PD of May 2003. I-485 stuck in security check.
Click to expand...


You cannot use your children's country of birth for cross chargeability. read the following:


The country quota under which an applicant must apply for an immigrant visa is commonly referred to as the alien’s “chargeability”. There are four exceptions to chargeability by place of birth. These exceptions are known as “cross-chargeability”.

1. If the alien is married to another alien who is a citizen of a different country, the couple can apply under the more favorable quota. For example, if a woman born in the Philippines is married to a man born in Canada, the application for permanent residence can be made under either the Philippine or Canadian quota. In this case, the Canadian quota would be more favorable than that for the Philippines.

2. If the alien was accidentally born in a different country from the place of birth of his or her parents, and the parents were not firmly settled in the country where the child was born, the alien can be charged to the place of birth of either parent. For example, a Venezuelan couple on vacation in Mexico give birth to a baby. Subsequently, the family immigrates to the U.S. The baby will be charged to the Venezuelan rather than the Mexican quota.

If the parents never immigrated to the U. S., but this child later immigrated as an adult, he or she could still be charged to the Venezuelan quota, as long as proof existed that the child’s place of birth was, indeed, an accident.

3. Minor children can be charged to either parent’s place of birth. For example, a Canadian executive of an international company is sent to work in Taiwan for two years. His British born wife accompanies him. During the couple’s stay in Taiwan, the wife gives birth to a child. At the end of the two years, the family is transferred to the U.S. in L-1 status. They subsequently apply for permanent residence. The Taiwan born child can be charged either to the Canadian or British quota.

4. Former U.S. citizens can be charged to their country of last residence or country of citizenship. spouse.


radd
 
skp19722003 said:
My wife was born in Sri Lanka. I don't know I can do something for this.
My lawyer said we should have done this while applying 485 itself. I don't know why?
EB3 - PD: 09/2002
140&485 filed on: 10/2003
140: 05/2005
485....?
Click to expand...


I think it still can be done. Not sure though. but ask him it you can send a letter to the center, undating them or something like that.

Cross chargeability is not something that you apply.. You just have to highlight it in your I485 application's cover letter. You need to attach extra documents such as copies of BC of spouse & marriage cert

radd
 
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