Understanding Alternate Chargeability in Immigration Law
Definition & Meaning
Alternate chargeability refers to the ability of an alien born in a country that is ineligible for the Green Card Lottery to claim chargeability to a different country. This alternative can be based on the country of birth of a spouse or a parent. If the spouse was born in an eligible country, the alien can use that country for their application. Similarly, if neither parent was a permanent resident of the alien's country of birth at the time of their birth, the alien can claim their parent's country of birth as their native country.
Legal Use & context
Alternate chargeability is primarily used in immigration law, specifically in the context of the Diversity Visa (DV) Lottery. This term allows individuals from ineligible countries to participate in the lottery by linking their eligibility to a spouse or parent's eligible country. It is essential for applicants to understand the rules surrounding chargeability to ensure they maximize their chances of obtaining a Green Card.
Real-world examples
Here are a couple of examples of abatement:
Example 1: An alien born in India (an ineligible country) is married to a person born in Canada (an eligible country). The alien can claim chargeability to Canada for the Green Card Lottery.
Example 2: An alien born in Mexico (an ineligible country) can claim chargeability to their parent who was born in Italy (an eligible country), provided that the parent was not a permanent resident of Mexico at the time of the alien's birth.