The law states that the beneficiary
"shall be determined by birth in such foreign state" and in case of any of the exceptions they "may be charged" to the foreign state being applied i.e. spouse chargeability country in case of INA 202(b)(2) or parents country in case of INA 202(b)(4).
Does the beneficiary have a choice of whether they want to use their country of birth or use an exception? What if they fall under an exception but do not wish to utilize it? I see mixed answers online.
Some attorneys are saying in order to be chargeable you must both be a citizen and be born there as seen here, here and here.
However, others say that its only birth country is relevant as seen on an answer and blog
Does this come down to the officer reviewing the case since its discretionary?
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source https://www.reddit.com/r/immigration/comments/nki79t/understanding_rules_of_chargeability_exceptions/