Cross-chargeability is a provision in U.S. immigration law that allows individuals to be charged to a country other than their country of birth for green card processing. This can significantly shorten processing times for people from countries with high demand for green cards, offering a potential fast track for those facing lengthy backlogs.
U.S. immigration law sets limits on how many green cards can be issued to applicants from any one country each year. These “per-country limits” are designed to ensure no single country dominates the issuance of green cards, promoting diversity in the U.S. immigrant population. However, for people from countries with high demand, like India, China or Philippines, these limits can result in extended waiting periods—sometimes five to ten years or longer—leading to delays and even family separation.
Cross-chargeability addresses this issue by allowing individuals to be charged to a different country if eligible. For example, if Shujuan, born in China, marries David, born in Canada, the couple may be able to have their green card application processed under Canada’s visa quota rather than China’s. Since Canada’s quota is less likely to be backlogged, this could lead to much faster processing.
In such cases, both spouses’ I-485 applications (for adjustment of status) must be filed together. As explained by USCIS, both applicants are considered as principal applicants – one for conferring immigration status, the other for conferring a more favorable country of chargeability. As such, the I-485 applications must be approved at the same time.
To qualify for cross-chargeability, the individual must be eligible for a green card through either family- or employment-based sponsorship. Additionally, they must have a spouse born in a country that is not experiencing green card backlogs. It is important to note that cross-chargeability is not automatic and must be requested. When applying for adjustment of status, the applicant should clearly indicate their spouse’s country of birth in the cover letter and explicitly request cross-chargeability, providing evidence to support the claim.
“Just Passing Through” Exception – One exception to the standard chargeability rules is the “Just Passing Through” exception. It addresses cases where a child is born in a transit country or a country where neither parent was born or has a residence at the time of the child’s birth. In such cases, the child may use either parent’s country of birth for green card processing.
For example, if Tina and Hans, both born and raised in Germany, have a child, Chris, while vacationing in India, Chris can request to be charged to Germany, rather than India, when applying for a green card.
In summary, for individuals facing long visa wait times due to their country of birth, cross-chargeability can be a valuable tool to expedite the green card process. By understanding the eligibility requirements and proactively requesting this benefit, applicants can take advantage of this provision to expedite their path to permanent residency.
FAQs
Cross chargeability is a U.S. immigration policy that allows a green card applicant to use their spouse’s or parent’s country of birth instead of their own for visa processing. This is beneficial when the priority date for the applicant's country is backlogged.
If your country of birth has a longer visa backlog, but your spouse or parent was born in a country with faster processing times, you can charge your application to the less backlogged country, reducing wait times.
No, if both spouses were born in countries with backlogged visa numbers, cross chargeability does not help. It only works when one spouse is from a country with a more favorable visa bulletin.
Yes! Mistakes in cross chargeability requests can cause delays or denials. An experienced immigration attorney can help you properly document your case and ensure smooth processing. Feng Immigration Law in Irvine, CA, specializes in green card processing and cross chargeability cases.
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Zechen Feng
Zechen Feng is the founder and principal attorney at Feng Immigration Law, where he is dedicated to helping individuals and families navigate the U.S. immigration system with clarity and confidence. With extensive experience in immigration law and a personalized approach to every case, Zechen is passionate about advocating for his clients’ rights and futures. Through the blog, he shares practical guidance, legal updates, and expert insights to empower those on their immigration journey.
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