Cross-Chargeability: What It Is and How It Works

What is chargeability?

Foreign state chargeability is the way in which the government determines how each applicant’s visa gets counted toward each country’s immigration quota. Because there is a 7% cap on the number of visas that get distributed to each country, chargeability is significant for people born in countries that have historically high numbers of people who are seeking permanent residency (a green card). In most cases, each applicant is counted towards his or her country of birth, not the country of citizenship or nationality.

What is cross-chargeability?

Cross-chargeability is a way for applicants to charge their visa to a spouse’s or parent’s country of birth instead of their own. This is especially helpful for people who were born in countries where the preference quota category is backlogged but is current for the spouse’s or parent’s country of birth. Cross-chargeability was introduced as a way to keep families together.

Who is allowed to cross-charge?

Spouses are allowed to cross-charge from one another, regardless of who is applying as the principal or derivative applicant. Children may also cross-charge from whichever parent whose country of birth would be more beneficial to them. Parents are NOT allowed to cross-charge from their children.

Can I cross-charge at any time?

Both applicants must be eligible to adjust their status if seeking to cross-charge. If a derivative is using the principal’s country of birth, then he or she may adjust status at the same time as the principal or any time afterwards. However, when a principal is using the derivative spouse’s country of chargeability, both of them must apply at the same time.

Do children have to cross-charge?

No. However, there is no benefit if a child was born in a country where a visa is made current earlier than either of his or her parents because the child is still applying as a derivative on his or her parents’ applications.