However, a concept known as "cross chargeability" offers certain applicants a chance to expedite the process by utilizing a spouse’s country of birth for visa allocation. Understanding how cross chargeability works, its eligibility requirements, and the cross chargeability timeline can be advantageous for green card applicants facing lengthy waiting periods.
What is Green Card Cross Chargeability?
"Chargeability" in the immigration context refers to the assignment of an Non-Immigrant Visa Lawyer number to a particular country. This assignment is typically based on the applicant’s country of birth. Each year, the United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) allocate a limited number of immigrant visas (green cards) per country. These quotas mean that applicants from countries with high demand—such as India and China—often face longer waits compared to applicants from countries with lower demand.
Cross chargeability, or "cross chargeability green card" policy, provides applicants with the flexibility to "charge" their visa application to a spouse’s country of birth if it has a shorter waiting period. By using their spouse’s country of origin as the basis, applicants may benefit from faster green card processing times, sidestepping the longer timelines often associated with high-demand countries.
How Does Cross Chargeability Work?
Cross chargeability is particularly useful for married couples where one spouse is from a country with shorter waiting times. For instance, if a person from India, which has lengthy wait times for employment-based green cards, is married to a spouse from a country with shorter wait times, they may use their spouse’s chargeability to reduce their waiting time significantly.
The process of applying for cross chargeability is straightforward but must be properly documented. When filling out immigration forms, the applicant needs to include the spouse’s country of birth to request cross chargeability. The applicant may also need to submit additional documentation to prove that their marriage is genuine and legally recognized by USCIS.
Eligibility Criteria for Cross Chargeability
Marital Relationship: Cross chargeability primarily applies to married couples. The applicant and their spouse must be legally married at the time of the application. Proof of marriage, such as a marriage certificate, is essential for USCIS to approve cross chargeability requests.
Same Priority Date Preference: The applicant must still meet the same priority date or preference category as their spouse. This means that if the spouse’s country of chargeability has a shorter waiting time for a particular category, then cross chargeability will be applied within the same priority level.
Dependent Children: If the applicants have dependent children under the age of 21, the children may also benefit from cross chargeability. They can also be charged to the spouse’s country of birth, reducing wait times for family green card applications.
Application Consistency: Cross chargeability can only be applied if the applicant files consistently across all forms and documents. Failing to list the spouse’s country of birth may result in delays or denials.
Cross Chargeability Timeline and Processing
The cross chargeability timeline depends on factors such as current visa bulletin priority dates, the spouse's country of birth, and the category under which the green card is being sought. Countries with lower demand have faster processing times, and cross chargeability may allow an applicant from a high-demand country to bypass the backlogs associated with their own country.
Applicants using cross chargeability should closely follow the Visa Bulletin, issued monthly by the Department of State, to track any changes to priority dates that might impact their process. The cross chargeability timeline is often faster, but applicants are advised to consult with an immigration attorney to ensure they meet all eligibility requirements and track relevant updates from USCIS.
How USCIS Handles Cross Chargeability
USCIS and the Department of State have specific guidelines for cross chargeability. While cross chargeability is a helpful option, it’s not an automatic process. Applicants need to ensure that their forms are filled out correctly, and they must communicate clearly with USCIS to utilize cross chargeability to its fullest extent. As with any aspect of the green card process, consulting with an immigration attorney is advised to avoid potential errors and ensure proper adherence to USCIS cross chargeability rules.
Conclusion
Cross chargeability can be a valuable tool for green card applicants married to someone from a different country. By understanding how cross chargeability green card policies work and closely monitoring the cross chargeability timeline, applicants may benefit from significantly reduced waiting times. This approach is especially helpful for applicants from high-demand countries where green card wait times can stretch for years. Staying informed on cross chargeability, chargeability rules, and keeping a close watch on updates from USCIS can make a meaningful difference in achieving timely U.S. residency.
Read Also This Blog :- Cross Chargeability in Green Card Processing
