The foreign state of chargeability is a

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

immigration Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as Permanent residency, permanent residents. Commuting, Commuter ...

concept – it is the country determined to be the applicant's origin. In general, the applicant's country of birth will determine their country of chargeability. For certain applicants born in oversubscribed countries such as India and China, approval to be chargeable to another country can significantly reduce the waiting time for their

adjustment of status Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee, asylee, nonpermanent resident, conditional entrant, parolee, a ...

consular processing A consul is an official representative of a government who resides in a foreign country to assist and protect citizens of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries. A consu ...

of their

green card A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been ...

application. This process is also known as "alternate chargeability". The rules, codified in section 202(b) of the

Immigration and Nationality Act The U.S. Immigration and Nationality Act may refer to one of several acts including: * Immigration and Nationality Act of 1952 * Immigration and Nationality Act of 1965 * Immigration Act of 1990 The Immigration Act of 1990 () was signed into la ...

, allow USCIS to determine the country of chargeability according to the following rules: * When an applicant is a child, accompanied by or joining a parent, the child may be charged to the foreign state of either parent. * When an applicant is born in a country where neither of the parents was born in or a subject of, may be charged to the country of either parent. For example, if child A is born during a family vacation in Mexico, but both parents are from Germany, the applicant may be charged to Germany. * When an applicant is chargeable to a different country than his or her spouse, the applicant may be charged to the country of his or her spouse. * When an applicant is born in the United States, he or she shall be considered to be born in the country of citizenship. This may be the case for children of diplomats who do not automatically derive citizenship by birth in the United States.Green Card for a Person Born in the United States to a Foreign Diplomat
USCIS Website.

External links

USCIS – Foreign State of Chargeability
Uscis.gov (n.d.). USCIS – Foreign State of Chargeability. Retrieved 20 Aug 2013.

References

{{DEFAULTSORT:Permanent Residence (United States) History of immigration to the United States Immigration to the United States United States immigration law