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Greenleaf
01-24-2016, 11:17 PM
Hi IV Team

First of all, thanks much for all the great work everyone in IV team is doing on the latest released rules by DHS and other activities.

I have been researching for a while on cross chargeability when it comes to EB3 green card and was not able to find any conclusive answers either in other forums or the USCIS website. You might have already responded to this query by someone else in the past but needed to get a fresh opinion

Situation: My company has applied for my GC under EB3 category and my I 140 got approved recently, PD April 2015. I was born in India and my spouse in Kuwait; he lived there for a while until war broke (long before), his parents have been there longer than him. He has his birth certificate and immunization record from Kuwait and his dependency stamped on his mothers passport at an Indian embassy in Kuwait. Based on the so far research I did on google and various forums, I wanted to put cross chargeability (CC) option into use, hence approached my company for the same and provided them with his birth certificate, passport, immunization records etc. The response I got from my company hired attorneys who are one of the largest law firms in US was little confusing and actually not positive. They told me that since my husband does not have a Kuwaiti passport, they cannot use the CC option. I did tell them that Kuwait does not confer citizenship on people who are not original Kuwaitis even if they have lived there for 20 years. They still told me that they cannot do CC and in addition they told me that even if they go ahead and do concurrent filing based on Kuwait priority dates status, it will either end up in rejection or the application been sitting there with out any action for much much longer time than the already 11 years wait time for EB3.

As part of my research, I saw a thread in IV from an user who was in a similar situation but there was not information on finaly what happened with his case (his was also Kuwait CC)

Can you throw some light on the above and let me know of any examples where people have in fact used cross chargeability with regards to Kuwait and If I can use this option

Thanks much for the help

2008candid
01-25-2016, 08:30 AM
I think you are eligible to apply for CC, I remember as one of my friends did same, and got GC without issues. His wife was UAE born for Indian parents.

AceMan
01-25-2016, 08:45 AM
Hi IV Team

First of all, thanks much for all the great work everyone in IV team is doing on the latest released rules by DHS and other activities.

I have been researching for a while on cross chargeability when it comes to EB3 green card and was not able to find any conclusive answers either in other forums or the USCIS website. You might have already responded to this query by someone else in the past but needed to get a fresh opinion

Situation: My company has applied for my GC under EB3 category and my I 140 got approved recently, PD April 2015. I was born in India and my spouse in Kuwait; he lived there for a while until war broke (long before), his parents have been there longer than him. He has his birth certificate and immunization record from Kuwait and his dependency stamped on his mothers passport at an Indian embassy in Kuwait. Based on the so far research I did on google and various forums, I wanted to put cross chargeability (CC) option into use, hence approached my company for the same and provided them with his birth certificate, passport, immunization records etc. The response I got from my company hired attorneys who are one of the largest law firms in US was little confusing and actually not positive. They told me that since my husband does not have a Kuwaiti passport, they cannot use the CC option. I did tell them that Kuwait does not confer citizenship on people who are not original Kuwaitis even if they have lived there for 20 years. They still told me that they cannot do CC and in addition they told me that even if they go ahead and do concurrent filing based on Kuwait priority dates status, it will either end up in rejection or the application been sitting there with out any action for much much longer time than the already 11 years wait time for EB3.

As part of my research, I saw a thread in IV from an user who was in a similar situation but there was not information on finaly what happened with his case (his was also Kuwait CC)

Can you throw some light on the above and let me know of any examples where people have in fact used cross chargeability with regards to Kuwait and If I can use this option

Thanks much for the help

The fundamental fact is, your company lawyers are there to help your company first and their interests. They present their knowledge as authentic which is not necessarily true. I personally know people (spouses) born in Bahrain and UAE filing for primary H1's add on and getting GC on that specific countries quota instead of India.

So it is your interest to validate the forms provided by your company lawyer with another immigration lawyer (you have to pay for the service !!!) of your choice and ensure that forms provided by your company lawyers are in the right order satisfying the criteria that your spouse is born in Kuwait.

WillIWin?
01-25-2016, 10:49 AM
I would not give up if I were you.

- USCIS cross-chargeablity specifically focuses on *Country of birth* - point your company Lawyers to section 202 on the INA and the associated FAM articles. It is established and published policy - not at the discretion of the officer.

- Irrespective of whether your spouse has Kuwaiti citizenship, as long as you can establish he was born in Kuwait, there should not be any issues.

[The Foreign Affairs Manual makes it clear by way of example. 9 FAM 42.12 N3.8, If One Spouse Confers Preference Status and the Other Confers Derivative Chargeability, provides::

When one immigrant visa applicant can confer a more favorable preference status upon another at the same time the other immigrant visa applicant can confer a more favorable foreign state chargeability, both applicants may be considered principal aliens. In such cases, both applicants must be admitted to the United States simultaneously. The consular officer, therefore, must issue visas to both applicants simultaneously. For example, if the principal applicant was born in India and the accompanying spouse in France, the principal applicant born in India may be charged to his spouse’s country of chargeability (France) if the priority date is not current for India.]

[...if the visa is unavailable for the principal applicant’s country of birth, the visa may be charged to the country of birth of the principal applicant’s spouse (but not the children). See section 202 of the INA for rules of chargeability..]

Flyingcrow
01-25-2016, 12:21 PM
Yes as others had pointed out, the lawyers are lyers. My friend was born in Sharjah but she is an Indian Citizen, and she got it in less than 2 yrs under ROW category. (But she was in Eb2 though.)

Greenleaf
01-25-2016, 06:59 PM
Hello Everybody!!

Thanks much for all your responses. Its greatly helpful

I have not given up, just preparing my ground at this point before I go ahead with CC when the right time comes :)

Thanks a ton again!