Wondering if you could use cross-chargeability to avoid long visa wait times? Find cross-chargeability eligibility criteria and learn how to take the next steps to apply for a Green Card with cross-chargeability below.

Cross-Chargeability Eligibility Criteria

You are eligible to cross-charge—to charge your parent’s or spouse’s country as your country of chargeability—on your Green Card application only if you are applying for a Green Card through a parental or marital relationship and both applicants are eligible to adjust status.  

Cross-chargeability allows the derivative applicant (person applying for a Green Card) to use the principal applicant’s (sponsor’s) home country on their Green Card application. For example, if a noncitizen is applying for a Green Card through marriage to a Green Card holder and they are eligible to adjust status, they can cross-charge to use the Green Card holder’s home country on their application. Cross-chargeability is particularly beneficial in circumstances wherein the Green Card applicant is from a country with a long visa wait time.

How to Apply for a Green Card with Cross-Chargeability

To cross-charge the principal applicant’s home country as the derivative applicant’s, you must do so when filing Green Card application forms with United States Citizenship and Immigration Services (USCIS).

Derivative applicants inside the United States will apply for a Green Card by filing Form I-485, and they must indicate that they intend to use cross-chargeability on this form. Derivative applicants applying for a Green Card from outside the United States must have the principal applicant file Form I-130 with USCIS, and they will indicate that they intend to use cross-chargeability on this form.

It’s important to note that cross-chargeability is granted based on the discretion of USCIS and the availability of visas in the derivative applicant’s category. If the applicant’s category has reached its numerical limit for the fiscal year, USCIS will not cross-charge. If cross-chargeability is denied, the applicant will be charged as a national of their own home country.

Still have questions about cross-chargeability?

Navigate to the cross-chargeability guide to find a full list of steps to apply for a Green Card with cross-chargeability. Here, you can also find information on how to book a free consultation with an immigration attorney who can guide you in benefitting from cross-chargeability on your marriage- or family-based Green Card application.