Understanding Cross-Chargeability: An Opportunity to Expedite Your Path to Permanent Residency

For many individuals applying for U.S. permanent residency, the extensive visa backlog can be troublesome, especially for applicants born in countries like China and India. These delays arise because U.S. immigration assigns a fixed annual number of immigrant visas to each country to maintain a balanced demographic mix. A crucial component of this system is chargeability, which determines an applicant’s place in the visa queue based on the country of birth, not the country of citizenship. However, cross-chargeability offers an exception to this rule, potentially accelerating the immigration process for eligible applicants. This article examines the concept of chargeability and cross-chargeability, explaining how applicants can leverage this exception to shorten the wait times for green card applications. 

Chargeability

Chargeability assigns each immigrant visa applicant to a country based on their birthplace, which determines their place in line for visa availability. In other words, chargeability indicates which country the United States counts you as coming from for your green card application. For example, an applicant from mainland China applying for permanent residency based on employment-based preference categories is “charged” to China, meaning that she falls under China’s quota and will likely face a longer wait time because of the high visa demand of Chinese mainland-born applicants. 

Cross-Chargeability

Cross-chargeability offers a unique opportunity for certain applicants to benefit from the chargeability of a spouse or parent. Leveraging this option, applicants can potentially bypass the visa backlog of their country if their family member’s country has a shorter waiting period. Cross-chargeability can apply in both family-based and employment-based immigration petitions but is available only in specific scenarios based on the relationship between the principal and derivative applicants.

Cross-Chargeability for spouse. Married applicants can use their spouse’s country of birth to expedite their green card applications. For example, if an applicant born in India is married to a spouse born in Canada, the applicant can choose to be charged to Canada to adjust status, reducing the wait considerably. This flexibility is mutual: a derivative applicant using the principal’s country of chargeability may adjust the status with the principal or at any time thereafter. However, when a principal uses the derivative spouse’s country of chargeability, both applicants are considered principal applicants, and therefore they should adjust their status at the same time.

Cross-Chargeability for minor children. In the case of minor children, cross-chargeability allows them to utilize either parent’s country of birth for chargeability purposes when accompanied by or following to join their parents. For example, if an India-born father and a Canada-born mother have a child born in India, the child can “cross-charge” to Canada and avoid the lengthy backlog for Indian applicants. Notably, while minor children can derive chargeability from a parent, the reverse is not permitted—parents cannot cross-charge using their child’s country of birth.

Important considerations for cross-chargeability

To qualify for cross-chargeability, any familial relationship—whether marital, in the case of a spouse, or parental, in the case of a minor child—must be legally established before the applicant secures permanent residency. This timing requirement ensures that the relationship is bona fida and was not formed purely for immigration purposes.

Beyond timing, cross-chargeability offers strategic benefits that can be highly advantageous for applicants from high-demand countries like India, China, Mexico, and the Philippines, where visa wait times are often several years or even decades. By using a spouse’s or parent’s country of chargeability when it has a shorter wait time, applicants can avoid prolonged delays and secure permanent residency far more quickly.

Conclusion

Because cross-chargeability has the potential to shorten visa timelines significantly, it requires thoughtful planning and professional guidance. By understanding the nuances of chargeability and cross-chargeability, applicants can make informed choices that reduce wait times and ultimately bring them closer to their goal of permanent residency in the United States.