Question for JoeF/RealCanadian

[arizonian]

Joe,

I came across a post where a person was of Indian birth but was a citizen of Trinidad, and applying for GC via EB2.

It is my understanding that because he is not a citizen of the affected countries, he is not subject to the regrogression.

Opinions?

 

[AmericanWannabe]

The determination for quota purposes is based on the country of birth. So this person would fall under the Indian quota.
If the person is married to somebody from another country, there is something called cross-chargeability: they could both be put under the quota for that other country.

Any immigration quota for US-born aliens? (those who were born in USA
to certain foreign diplomats, ex-US citizen who denounced their US citizenship, etc)

 

[AmericanWannabe]

The determination for quota purposes is based on the country of birth. So this person would fall under the Indian quota.
If the person is married to somebody from another country, there is something called cross-chargeability: they could both be put under the quota for that other country.

Any quota for US-born aliens? (the people who were born to certain foreign diplomats, ex-citizens who denounced US citizenshsip).

Maybe there is no such quota at all because the people
who made law thought eveyrone born in the US
is a citizen and do not need to immigrate.

 

[TheRealCanadian]

Maybe there is no such quota at all because the people who made law thought eveyrone born in the US is a citizen and do not need to immigrate.

No, because the INA explicitly denies citizenship by birth to children of diplomats or occupying forces. My layman's opinion is that when US citizenship by birth is explicitly denied by the INA, then the parent's country would be controlling.

The INA covers this by allowing chargeability to the parents' country of birth if neither parent "resided" in the country that the child was born.