Alternate Chargeability

[vishnu1234]

I have a question about alternate chargeability.

I read in the FAM

http://www.state.gov/documents/organization/87526.pdf

on exceptions to the general rule of chargeability which is normally based on country birth.

I was born in India and am charged to India EB2. But I saw in this FAM there are exceptions if neither parent was born OR resided in that country at time of birth.

In my case:

Father was born in Malaysia

Mother was born in India

So this does not satisfy the condition that neither parent was born, HOWEVER, both my parents were permanent residents of Malaysia right after marriage and only visited India temporarily and I was born there. As proof, my India birth certificate states permanent address of parents as Malaysian address and also my nationality as Malaysian (that was my nationality at time of birth and till date). Also, although my mother was born in India, at time of my birth she was a Malaysian permanent resident (with resident card).

Can I claim alternate chargeability on the grounds neither parents were resident in India at time of my birth. Please advise.

[Belle]

Talk to a good lawyer. You may have a shot.