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Hoping someone with expertise on Cross-Chargeability could provide some info...
1. I have a brother who has been a US citizen for few years now.
2. We both were born in UAE to Indian parents.
3. I am an Indian national.
4. My spouse is a Portuguese national born in India.
Can a application be filed under Fourth preference (brothers and sisters of U.S. citizen over 21) using Cross-chargeability route of my birth country ?
Source of my information is this website https://cliniclegal.org/sites/defaul...hapter_1_4.pdf page 6 & 8
Copied relevant text from source website...
Fourth preference (brothers and sisters of U.S. citizen over 21)?65,000 visas/year, plus any visas left over from the previous preferences.
Cross-Chargeability?If the principal and derivative beneficiaries were born in different countries, it may be possible to apply cross-chargeability principles. Visas are usually chargeable to the country of the beneficiary?s place of birth. But a basic tenet of family-based immigration is maintaining the family intact. If one family member was charged to a country that is oversubscribed, while the other family members in the same preference category were charged to countries that are current, this would result in separation and undue hardship. To remedy this potential problem, the law allows in some situations for the family to elect whichever foreign state is more beneficial. The law seems to limit application of this cross-chargeability, however, to the third? and fourthpreference categories and to situations in which it is necessary to prevent the separation of spouses or separation of children and parents.52 For example, if a U.S. citizen is petitioning for his married Mexican son, the son and his Guatemalan spouse can elect to have their visas charged to Guatemala, since the third preference for Mexicans is backlogged further than for Guatemalans. Similarly, if a U.S. citizen is sponsoring his Japanese brother, the brother?s Filipino wife
would elect to be charged to her husband?s country of birth. Their child, who was born in India, could elect to be charged to either parent?s country, and in this example would elect the father?s.
Thanks
1. I have a brother who has been a US citizen for few years now.
2. We both were born in UAE to Indian parents.
3. I am an Indian national.
4. My spouse is a Portuguese national born in India.
Can a application be filed under Fourth preference (brothers and sisters of U.S. citizen over 21) using Cross-chargeability route of my birth country ?
Source of my information is this website https://cliniclegal.org/sites/defaul...hapter_1_4.pdf page 6 & 8
Copied relevant text from source website...
Fourth preference (brothers and sisters of U.S. citizen over 21)?65,000 visas/year, plus any visas left over from the previous preferences.
Cross-Chargeability?If the principal and derivative beneficiaries were born in different countries, it may be possible to apply cross-chargeability principles. Visas are usually chargeable to the country of the beneficiary?s place of birth. But a basic tenet of family-based immigration is maintaining the family intact. If one family member was charged to a country that is oversubscribed, while the other family members in the same preference category were charged to countries that are current, this would result in separation and undue hardship. To remedy this potential problem, the law allows in some situations for the family to elect whichever foreign state is more beneficial. The law seems to limit application of this cross-chargeability, however, to the third? and fourthpreference categories and to situations in which it is necessary to prevent the separation of spouses or separation of children and parents.52 For example, if a U.S. citizen is petitioning for his married Mexican son, the son and his Guatemalan spouse can elect to have their visas charged to Guatemala, since the third preference for Mexicans is backlogged further than for Guatemalans. Similarly, if a U.S. citizen is sponsoring his Japanese brother, the brother?s Filipino wife
would elect to be charged to her husband?s country of birth. Their child, who was born in India, could elect to be charged to either parent?s country, and in this example would elect the father?s.
Thanks
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