Skip to main content

Understanding rules of chargeability - exceptions are discretionary?

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?

submitted by /u/kidcurry96
[link] [comments]

source https://www.reddit.com/r/immigration/comments/nki79t/understanding_rules_of_chargeability_exceptions/
Labels:

Popular posts from this blog

N-400 form {"data":null,"error":{"developerMessage":null,"userMessage":null}} message

A few questions: I filed my N400 naturalization on March 23, 2020. Nearly one year later on Feb 2021 they sent me a notice that they'll reuse my biometrics from my green card application, but they won't refund the biometric fee! At the same time April 2021 showed up on my account as the expected completion date. Last week, the status was "17 days". Today the estimated time of completion has disappeared!!! Any idea what that means? More importantly - When I click on "View PDF" link under "N-400 Application for Naturalization", to see my actual N-400 form, I get " {"data":null,"error":{"developerMessage":null,"userMessage":null}} " message! The form is also missing under "Documents -> Your Uploads" tab! So, it appears that my N400 form is missing! What does that all mean, considering that it's impossible to file without N400 form! Finally, under profile, My name is incorrectly sp...
Read more

Form I-485, Application to Register Permanent Residence or Adjust Status -

Uscis.gov - USCIS August 28, 2024 at 05:12AM Form I-485, Application to Register Permanent Residence or Adjust Status Edition Date: 08/28/24. Starting Oct. 28, 2024, we will accept only the 08/28/24 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions. from RSS Feed
Read more

Form G-1055, Fee Schedule -

Uscis.gov - USCIS October 11, 2024 at 09:02AM Form G-1055, Fee Schedule Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule. from RSS Feed
Read more