Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

Can I change my country of chargeability for my visa petition if I become a citizen of another country?

QUESTION: My sister is a US citizen and she filed an F-4 I-130 petition for me 15 years ago. I was born in the Philippines, but I have since moved to Canada and become a citizen of Canada. The wait times for a visa for the Philippines for the F4 category is way longer than the wait time for Canada. Am I now able to use Canada as my country of chargeability for my petition?

THE IMMIGRATION ANSWER MAN – ARI SAUER:  00065667Unfortunately, no. You cannot use Canada as your country of chargeability for determining when a visa will become available for your immigrant petition according to the Department of State Visa Bulletin. Obtaining the citizenship of another country does not change your country of chargeability.

There are a few exceptions to the general rule that your county of chargeability is the country of birth. Obtaining the citizenship of another country is not one of those exceptions. Here is a link to a previous post of mine where I discuss what those exceptions are, so that you can see if maybe you qualify for a different country of chargeability based on one of those exceptions.

What is my country of chargeability for the Visa Bulletin?

Please see my contact information below if you would like to schedule a consultation appointment with me to discuss your immigration issue.
Published 5/20/17 by attorney Ari Sauer.

By Ari Sauer.

Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.
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2 comments on “Can I change my country of chargeability for my visa petition if I become a citizen of another country?

  1. Johnny
    August 31, 2017

    Hi Ari,
    I do have question on Cross chargeability. I was born in India so is my wife. I have applied for my I-140 in EB2 category. Both my parents were born in Sri lanka and have their birth certificate. They also had Srilankan passport and did their schoolings there. As the situation was bad due to civil war, they had to move to India. they got their jobs and settled in India. Now they have Indian passports. Can i use my parent’s country of birth as Cross chargeability and use for my green card process? Can i use Sri lanka instead of India for cross chargeability as India has the very long waiting period.

    • Johnny:
      As a general rule, you are only be able to use your parent’s country of birth as your country of chargeability where you are applying for permanent resident as their derivative child (a situation where you are unmarried, under 21, one of them is applying for permanent residence as the primary beneficiary/applicant, and you are applying for permanent residence with them as your child). Another exception would be where neither of your parents were residing in India at the time you were born. For example, if your parents were just in India for vacation when you were born in India, then you might be able to claim Sri Lanka as your country of chargeability.
      If you would like to schedule a consultation appointment with me to discuss this further, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
      * Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

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