| Q. |
Cross charged or not
I filed I485 in March 2007 under EB2. The primary is born in India and derivative in Bahrain. Application was accepted during retrogressed period for India hence Cross chargeability was accepted initially. Application was stuck in Name check since which has been recently cleared. RFE was sent on application in Nov 2007 when India was current for March 2004 PD. What is the best way to figure out what the chanrgeability of the application is. 1-800 or infopass have beared no fruits so far.2 new requests by lawyer were also ignored. Expectedly under ROW application has been current for quite sometime and should have been processed.
User's Location:
St Louis, Missouri, United States of America
Category:
Employment-based Green Card
|
| A. |
As you already know, there is a provision in immigration law known as cross-chargeability that allows a person to take advantage of the country of birth and better priority date of a spouse. Under cross-chargeability, a spouse who is being petitioned may use the faster priority date of their accompanying spouse's country of birth. For example, a primary beneficiary from India who is married to a foreign national born in Canada may be able to utilize the spouse's country of birth for the priority date of their case.
CIS does not always immediately recognize or process cases under cross-chargeability even when requested. Some follow-up strategies to make sure they do process the paperwork correctly under cross-chargeability include follow-up letters and faxes to the Service Center, utilizing a local congressperson's congressional liaison contact and/or having your attorney contact the proper AILA Liaison member on the issue.
Good luck.
Andrew M. Wilson, Esq. |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
