The foreign state of chargeability is a
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
immigration
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
concept – it is the country determined to be the applicant's origin. In general, the applicant's
country of birth will determine their country of chargeability. For certain applicants born in oversubscribed countries such as India and China, approval to be chargeable to another country can significantly reduce the waiting time for their
adjustment of status
Adjustment may refer to:
*Adjustment (law), with several meanings
*Adjustment (psychology), the process of balancing conflicting needs
*Adjustment of observations, in mathematics, a method of solving an overdetermined system of equations
*Calibra ...
or
consular processing
A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
of their
green card
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been ...
application. This process is also known as "alternate chargeability".
The rules, codified in section 202(b) of the
Immigration and Nationality Act, allow USCIS to determine the country of chargeability according to the following rules:
* When an applicant is a child, accompanied by or joining a parent, the child may be charged to the foreign state of either parent.
* When an applicant is born in a country where neither of the parents was born in or a
subject of, may be charged to the country of either parent. For example, if child A is born during a family vacation in Mexico, but both parents are from Germany, the applicant may be charged to Germany.
* When an applicant is chargeable to a different country than his or her spouse, the applicant may be charged to the country of his or her spouse.
* When an applicant is born in the United States, he or she shall be considered to be born in the country of citizenship. This may be the case for children of diplomats who do not automatically derive citizenship by birth in the United States.
Green Card for a Person Born in the United States to a Foreign Diplomat
USCIS Website.
External links
USCIS – Foreign State of Chargeability
Uscis.gov (n.d.). USCIS – Foreign State of Chargeability. Retrieved 20 Aug 2013.
References
{{DEFAULTSORT:Permanent Residence (United States)
History of immigration to the United States
Immigration to the United States
United States immigration law