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: Unfortunately, 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.
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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.