macos Posted February 20, 2019 Report Share Posted February 20, 2019 While filing for i-140, can I use cross chargeability? My parents are both Nepalese citizens and I was born in India while they were in India for a short assignment. I chose to keep Indian citizenship but they still have Nepalese citizenship. I am unmarried. From what I have read, I could file under Nepalese quota. Any thoughts? Link to comment
pontevecchio Posted February 21, 2019 Report Share Posted February 21, 2019 You were born in India and that will be used as country of birth. Link to comment
immijam Posted February 21, 2019 Report Share Posted February 21, 2019 On 2/19/2019 at 7:23 PM, macos said: While filing for i-140, can I use cross chargeability? My parents are both Nepalese citizens and I was born in India while they were in India for a short assignment. I chose to keep Indian citizenship but they still have Nepalese citizenship. I am unmarried. From what I have read, I could file under Nepalese quota. Any thoughts? "JUST PASSING THROUGH" lol The rule says country of birth + nationality at the time of birth. If you were born in SA but your nationality was still Indian as SA didn't recognize your birth then you could claim India for CC. But not in your situation you were never a Nepalese citizen neither by birth nor nationality at the time of birth, so CC is not applicable in your case. Link to comment
newacct Posted February 21, 2019 Report Share Posted February 21, 2019 3 hours ago, immijam said: "JUST PASSING THROUGH" lol The rule says country of birth + nationality at the time of birth. If you were born in SA but your nationality was still Indian as SA didn't recognize your birth then you could claim India for CC. But not in your situation you were never a Nepalese citizen neither by birth nor nationality at the time of birth, so CC is not applicable in your case. You might be referring to the exception where if neither of your parents were born in your country of birth, and neither of them had a residence in your country of birth, you could claim the country of either of your parents' nationality instead of your country of birth. That doesn't directly have to do with what nationality you have at birth. It has to do with whether your parents were born in or had a residence in your country of birth. Link to comment
JoeF Posted February 21, 2019 Report Share Posted February 21, 2019 There is a "just passing through" provision, but it is not clear if it would apply here. https://www.murthy.com/2016/03/28/cross-chargeability-in-green-card-cases/ The OP should discuss his situation with a goid immigration lawyer. Link to comment
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