The U.S. immigration system has a limited number of visas available each year for individuals seeking to live in the U.S. permanently (obtain a “green card”). To manage this, these visas are divided among different countries and regions.
Important! Immediate family members of U.S. citizens are not subject to these limits. This includes spouses, unmarried children under 21, and parents of U.S. citizens. The U.S. ensures these family members can immigrate without waiting in line for a visa, as one is always available for them.
To understand how the system works for everyone else, think of it like this:
- Each country has a “visa bucket”: This represents the number of visas available annually to people born in that country.
- Some buckets are smaller than others: Countries with higher demand for U.S. visas (like India, China, and Mexico) face smaller quotas, which can result in longer wait times.
“Foreign State Chargeability” is the process of determining which country’s visa quota applies to you. This is crucial because it can significantly impact your wait time for a green card—unless you are an immediate family member of a U.S. citizen.
How “Visa Buckets” Are Determined: The General Rule
When applying for a U.S. visa subject to quotas (limits), you are generally assigned to the quota of the country where you were born, regardless of your current citizenship. For example, if someone was born in Oman but is only a citizen of India, they would still fall under the Oman quota. (9 FAM 503.2-2)
Exceptions: “Cross-Chargeability” (Changing Your Bucket)
In certain situations, “cross-chargeability” allows you to be counted under a different country’s quota. This can be advantageous if your birth country’s quota is full or has long wait times. Here are the main scenarios where cross-chargeability applies:
- Children: A child can be counted under either parent’s quota, provided they are accompanying their parent to the U.S or joining them later. However, parents cannot use their child’s quota. (22 CFR §42.12(b); 9 FAM 503.2-4(A)(a)(1))
- Spouses: A spouse can be counted under the accompanying spouse’s quota. This includes same-sex marriages. (22 CFR §42.12(c))
A principal applicant may use their accompanying spouse’s country of birth for foreign state chargeability if it provides a better option. For instance, if the principal applicant was born in India (with a backlog) but their spouse was born in France (with no backlog), the applicant can use France’s quota. (9 FAM 503.2-4(A)(a)). Note: Both spouses must enter the U.S. at the same time, and their visas must be issued simultaneously.
- Former U.S. Citizens: If a person was once a U.S. citizen but lost their citizenship, they are assigned to the quota of their current country of citizenship. If they lack another citizenship, they are counted under the quota of the country where they last resided. (22 CFR §42.12(d))
- Born in a Country Where Neither Parent Was Born or Resided at the Time of Birth: If you were born in a country where neither of your parents was born or lived, you can use the quota of either parent. This provision is often applicable where parents are refugees or were visiting temporarily, or were stationed there in connection with business or a profession under orders or instruction from an employer, superior, or principal whose business was foreign to that foreign state. (22 CFR §42.12(e))
- Diversity Visa (DV) Lottery (Green Card Lottery): If you’re applying for the DV lottery, you can use your spouse’s country of birth, provided you were married before filing the lottery. Additionally, both visas must be issued simultaneously, and you must apply for admission together. (9 FAM 502.6-4(a)(2))
Navigate Immigration with Confidence
Navigating the complexities of the U.S. immigration system, including the Visa Bulletin and chargeability rules, can be challenging. Understanding how these policies apply to your unique situation is essential to avoid unnecessary delays and make informed decisions.
If you’re unsure about your eligibility, need clarification on cross-chargeability options, or want to ensure you’re on the most efficient path to securing your green card, consulting with a knowledgeable immigration professional can make a significant difference.
With the right guidance, you can confidently navigate your immigration journey and make the process as smooth as possible.
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