Cross Chargeability: A Key Concept for Visa Applicants and Families
Definition & Meaning
Cross chargeability is a provision in U.S. immigration law that allows certain Green Card applicants to use the more favorable visa quotas of their spouse or parent. This applies when an applicant is subject to a waiting list due to their country of birth but is the child or spouse of someone born in a country with a more advantageous quota. Essentially, it permits the visa number for the principal applicant to be charged to the country of birth of an accompanying spouse or parent if that country has a shorter waiting period for the same visa category.
Legal Use & context
Cross chargeability is primarily used in immigration law, particularly in the context of family-based immigration. It allows applicants to optimize their chances of obtaining a Green Card by leveraging the quota system. This term is relevant for individuals navigating the immigration process, including those filling out forms related to visa applications. Users can utilize legal templates from US Legal Forms to assist in this process.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A woman from India, who is waiting for her Green Card due to a long backlog, is married to a man from Canada. Since Canada has a more favorable quota, she can cross charge to Canada's quota when applying for her Green Card.
Example 2: A child born in Mexico is applying for a Green Card while accompanying their parent who was born in the United States. The child can use the U.S. quota for their application, despite being born in Mexico. (hypothetical example)