Sid N
Jul 17, 2024
Cross-Chargeability didn’t honor
Hi I am now waiting for my employment based adjustment of Status under EB1-C , my EAD got approved, my filing date is Feb 22 2024 , I born in India and I applied adjustment of status considering my Wife Countey of birth as she born in Africa , under the rule of Cross-Chargeability I should be benefiting from my Wife’s country of birth and would fall under ROW however yesterday my status has gone to “Case Remains Pending” becuase of unavailability of visa for my country , it seems USCIS hasn’t applied Cross Chargeability, I talked to my attorney and as per Attorney USCIS sometime miss to check the file for cross-chargeability and attorney asked me to keep Following up USCIS contact center, has anyone faced same situation and got resolution ? if so please suggest steps taken . thank you
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B JJul 17, 2024
@Sid N cross-chargeability is not a “benefit” that USCIS can use at their discretion. It is a right. I strongly suggest you raise this with USCIS by raising a level 2 request and keep going up the pole until you get a resolution. Your attorney can further assist with the language of a letter - in case you need to send one in.
I applied under cross chargeability of India applying under spouse’s country of birth (Hong Kong).
sending you best wishes and lots of luck.
Sid NJul 18, 2024
@B J thanks for your suggestion, it’s very helpful. I Followup with USCIS. thank you very much
Sid NAug 31, 2024
@B J thanks for your suggestion, I raised the service request and sent letter and got approval on July 31 and got my GC in hand. my spouse and daughter still waiting though. thank you
sf_rider immigrant Nov 22, 2024
hi @Sid N I used cross chargeability eb2 and have fallen under CRP. It would be great to get help from you how to reach to level 2 officer to flag this
