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Immigration Issues/Cross-Chargeability under parents country


Hello Sir

USCIS Visa Bulletin page says  about charging under parents birth country if immigrant visa is not available for the applicant .

I was born in India but  both of my parents were born in Burma and they came to India as a Refugee and later married in India .  They have no birth certificate of their own but have Refugee ID card issued by the Indian Government .  

1. Am I eligible for  cross-chargeability under Burma?
2. If so what other documents are needed to submit to USCIS?


"Chargeability" means that for immigration purposes the person is entitled to be "charged" to a country other than the country of birth under the provisions of Section 202(b) of the Immigration and Nationality Act.

Accordingly, there are two other ways you may be able to qualify, one of which is:
You were born in the country whose natives are ineligible, but either of your parents were not born in that country nor resided there at the time of your birth. In that case, you can claim chargeability to that parent's country of birth if that country is eligible to participate in the DV country.

It seems that you parents resided in India at the time of your birth, therefore you do not appear to be eligible for chargeability.


Annick Koloko

Immigration Issues

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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