I agree with Attorney Carlin on this.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.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.
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.
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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.
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.