Thursday, January 03, 2008
Requirement for EB Petition Beneficiary Alternate Chargeability to Spouse's Country of Birth
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 can be
considered principal aliens. In such cases, however, both applicants must be admitted to the United States simultaneously. For example, if the principal applicant was born in India and the accompanying spouse was born in France, the principal applicant born in India can be charged to his spouse’s country of chargeability (France), even if the priority date is not current for India.
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 can be
considered principal aliens. In such cases, however, both applicants must be admitted to the United States simultaneously. For example, if the principal applicant was born in India and the accompanying spouse was born in France, the principal applicant born in India can be charged to his spouse’s country of chargeability (France), even if the priority date is not current for India.
Wednesday, January 02, 2008
EB-2 Visa Number Retrogression or Predicted Unavailability for Indians and Alternate Chargeability to Country of Parent's Country of Birth
As for the alternate chargeability to the country where the parents were born, the rule states that an alien born in a foreign state in which neither parent was born or had residence at the alien's time of birth is allowed to choose the coutry of parents' birth rather than the country of his birth, provided that at the time of the his/her birth, the parent or parents were stationed in the country of his/her birth under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to the country of his/her birth. In other words, if the parents give a birth in certain country while visiting on a personal pleasure, even if the parents were not resident of the country of his/her birth at the time of his/her birth in the country, rule appears to be that the alternate charge to the country of the parents' country of birth may not be available. Otherwise, he/she will be subject to the general rule of chargeability that if his/her place of birth has undergone changes in political jurisdiction since the time of his or her birth, he is subject to the foreign state limitation of the state, which has jurisdiction over that place of birth at the time of his/her visa application. [Hong Kong is excepted from this rule by a special provision]
As for the alternate chargeability to the country where the parents were born, the rule states that an alien born in a foreign state in which neither parent was born or had residence at the alien's time of birth is allowed to choose the coutry of parents' birth rather than the country of his birth, provided that at the time of the his/her birth, the parent or parents were stationed in the country of his/her birth under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to the country of his/her birth. In other words, if the parents give a birth in certain country while visiting on a personal pleasure, even if the parents were not resident of the country of his/her birth at the time of his/her birth in the country, rule appears to be that the alternate charge to the country of the parents' country of birth may not be available. Otherwise, he/she will be subject to the general rule of chargeability that if his/her place of birth has undergone changes in political jurisdiction since the time of his or her birth, he is subject to the foreign state limitation of the state, which has jurisdiction over that place of birth at the time of his/her visa application. [Hong Kong is excepted from this rule by a special provision]
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