Understanding Cross-Chargeability and How It Can Help You Skip the Visa Line
If you’ve been closely monitoring the monthly Visa Bulletin issued by USCIS, you may have noticed that the news has not always been favorable for many applicants. Individuals from India, China, Mexico, and the Philippines, in particular, face some of the longest wait times. The Visa Bulletin establishes cutoff dates that determine when a green card is available for applicants, and unfortunately, certain categories—especially employment-based India—have experienced significant stagnation, leaving applicants waiting for years before their priority date becomes current.
However, there is hope. For some applicants, the cross-chargeability rule provides a powerful way to shorten the waiting period. This option is available for both I-485 adjustment of status applications and consular processing immigrant cases, and in the right situation, it can dramatically speed up the green card process.
What Is the Cross-Chargeability Rule?
Under Section 202(b)(2) of the Immigration and Nationality Act (INA), cross-chargeability allows an applicant’s country of chargeability (the country to which their visa quota is assigned) to be transferred to another country—typically their spouse’s country of birth—if it benefits their case.
In simple terms, if your spouse was born in a different country with a more favorable green card wait time, you may be able to “borrow” that country’s chargeability for your application. This rule is designed to keep families together, meaning both spouses must apply for U.S. permanent residency at the same time.
Important note: Parents cannot use their child’s country of birth for cross-chargeability. The rule applies specifically to a spouse’s country of origin.
How the Rule Works in Practice
To see this in action, consider the following example:
An Indian national applying under the EB-2 category has a priority date of May 2019. Unfortunately, the March 2020 Visa Bulletin lists the cutoff date for EB-2 India as January 2017, which means this applicant would normally need to wait years before becoming eligible.
But if their spouse was born in France, the cross-chargeability rule can apply. Instead of being held to India’s long backlog, the case would be processed under the “Rest of the World” category, where the wait time is significantly shorter. This adjustment allows the applicant to receive a green card much faster.
Why You Should Seek Professional Guidance
While the cross-chargeability rule is a legitimate and powerful tool, it is not automatically applied by the government. Applicants must request it and provide the correct supporting documentation. This is where working with experienced immigration attorneys becomes critical.
At Green Card Link, its immigration attorneys have successfully filed numerous cross-chargeability applications, guiding clients through the documentation process and helping them secure green cards under this rule. Each case is unique, so professional evaluation is essential to determine whether cross-chargeability is available and strategically beneficial for your situation.
Take the Next Step Today
If you or your spouse were born in different countries and you believe the cross-chargeability rule might help your case, don’t wait. The sooner you take action, the sooner you may move forward on your path to U.S. permanent residency.
The immigration attorneys at Green Card Link have helped countless families successfully navigate the green card process, using strategies like cross-chargeability to overcome long wait times. With their guidance, you can maximize your chances of approval and take the next step toward building your future in the United States.
👉 Contact Green Card Link today to discuss whether cross-chargeability applies to your case and to start working with trusted immigration attorneys who understand how to use this rule to your advantage.