Skip to main content

Cross Chargeability - Family Category

Jonesboro, GA |

Mexican national (married to a polish woman) is sponsored by U.S. brother. I – 130 approved for husband only . Can the couple use the Cross – Chargeability to Adjust Status to PR?

Additional information
The priority will be current on November 2001 - which looks very closed. They got married after the US brother filed the petition. However, it was updated with USCIS that the couple was married before the petition was approved. The petition I 130 was approved only for husband. Will the wife be able to Adjust her Status together with her husband?

+ Read More

Attorney answers 4

Best Answer
Posted

I agree with Attorney Carlin on this.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Thank you so much for the answer!!!

Posted

Regarding cross-chargeability, it appears that this couple could, at least, request that the US Department of State charge both husband and wife to the Poland quota, so long as both husband and wife simultaneously apply for immigrant visas. No guarantee that the Department of State would grant the request, but there is nothing lost by asking for it. I suggest that you consult with an experienced immigration attorney about the case, to have the best chance of success.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Asker

Posted

Thank you so much for answer and the suggestion!!!!

Posted

Yes, they can take advantage of cross-chargeability, and even be eligible to adjust status together.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

Dear Mr. Shusterman, I have read your web - page since 2005, almost daily. As a matter of fact, I had learned about Avvo just today, when I read your post about Millionaire. I was really hoping that you will notice my question. Thank you so much for your answer - I value your expertise a lot.

Posted

Yes, if husband and wife file for adjustment together. See 22 DFR 42.12(c); 9 FAM 40.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

Thank you so much for the answer!!!

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer