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The Cross Chargeability of Spouse's Country of Birth during Visa Number Retrogression

4/17/2007

Whenever there were EB-visa number retrogressions, we posted and reminded the readers of availability of cross chargeability of the spouse's country of birth for the determination of visa number availability when the principal EB-beneficiary's visa number was not available but his/her spouse's country of birth visa number was available.

In August and September 2005, EB-3 visa number will remain "Unavailable" throughout the world and cross chargeability will be of no help, but once EB-3 visa number becomes available beginning from October 1, 2005 for all the countries other than certain countries such as India and China, cross chargeability of the spouse's country of birth will provide an important tool for Indians and Chinese to bypass their visa number problems.

The conference with the Texas Service Center indicates that the agency would require such cross chargeability case to mark visibly and in bold "Cross Chargeability" I-485 application when they file I-485 under the rule of cross chargeability. Otherwise, the agencies may reject such filing for the reasons that visa numbers are not available. Important practice point to remember.




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