Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Analysis Discussion > Retrogression, priority dates and Visa bulletins
Click to log in with Facebook
Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 04-16-2008, 12:10 PM
Junior Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
04/05/2006
Chargeability
:
Kuwait
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: May 2006
Posts: 12
anurag is on a distinguished road
Default Cross Chargeability - Need help

Friends,

Brief Synopsis of my case
-------
My labor was filed in Oct'2005 under EB3 category. It was approved and then my I-140 got approved and in July'07 485s were filed for me and my wife. My wife was born in Kuwait but never had Kuwaiti citizenship. In Kuwait one does not get their citizenship even if one was born there. My wife always had Indian citizenship. Her passport, even her EAD says that her country of birth is Kuwait.

Now I checked the EB3 category for ROW and it is Feb'06, which means that my case should be current. I talked to my lawyer and he says in order for us to apply for Cross Chargeability we need her Kuwaiti passport to show her Kuwaiti citizenship. But she never was Kuwaiti citizen, even though she was born there. So we do not have a Kuwaiti passport

We have her Birth Certificate in Arabic stating that she was born there and along with that we have her notarized copy of English translation. We have her school documents of her primary schooling in Kuwait.
------
My questions are -

- What can I do now? Should I talk to USCIS? If I should talk to USCIS, should I setup and Infopass appointment with them? Or should I talk to a lawyer who has handled cross chargeability before.

- Does anyone knows of a lawyer who has handled cross chargeability cases before? If so, can I have their contact numbers..

- Is there something else that I need to do....

All help is appreciated.

Regards,
Anurag
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 04-16-2008, 12:24 PM
Junior Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Ghana
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Aug 2006
Posts: 5
offohh is on a distinguished road
Default

Anurag,

you don't need passport to apply cross-charablity, birth certificate should be enough. thats what USCIS wants basically because CC is not on the basis of country of citizenship its based on the place of birth.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 04-16-2008, 12:44 PM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 12
clazale is infamous around these parts
Default Stuck in the same boat - actually worse

I have the same scnerio as yours, actually worse. My EB3 India priority date is Nov 2004. Both I140 and I485 have been concurrently filed in July 07 but my I140 is not approved yet. According to my spouses country of chargeability i am current at the moment.

After referring to all forums i have gathered the following. Cross-chargeability is difficult to prove since there is no formal process of invoking it. Reading several forums i have gathered the following:

A few things should be done simultaneously, to get all their attention:
1. Letters and faxes to the USCIS - sent by your attorney.
2. Infopass appointment.
3. Contact your local congressmans office and request them to follow up.
4. If possible also take help from AILA, which your attorney would have to do.

I would like to request people who have successfully used cross-chargeability to share their experiences in detail regarding this matter. That would help the rest of us a lot.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 04-16-2008, 12:56 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Nov 2007
Posts: 691
meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute
Default

Quote:
Originally Posted by anurag View Post
Friends,

Brief Synopsis of my case
-------
My labor was filed in Oct'2005 under EB3 category. It was approved and then my I-140 got approved and in July'07 485s were filed for me and my wife. My wife was born in Kuwait but never had Kuwaiti citizenship. In Kuwait one does not get their citizenship even if one was born there. My wife always had Indian citizenship. Her passport, even her EAD says that her country of birth is Kuwait.

Now I checked the EB3 category for ROW and it is Feb'06, which means that my case should be current. I talked to my lawyer and he says in order for us to apply for Cross Chargeability we need her Kuwaiti passport to show her Kuwaiti citizenship. But she never was Kuwaiti citizen, even though she was born there. So we do not have a Kuwaiti passport

We have her Birth Certificate in Arabic stating that she was born there and along with that we have her notarized copy of English translation. We have her school documents of her primary schooling in Kuwait.
------
My questions are -

- What can I do now? Should I talk to USCIS? If I should talk to USCIS, should I setup and Infopass appointment with them? Or should I talk to a lawyer who has handled cross chargeability before.

- Does anyone knows of a lawyer who has handled cross chargeability cases before? If so, can I have their contact numbers..

- Is there something else that I need to do....

All help is appreciated.

Regards,
Anurag
send letter to USCIS for cross-chargeability including the birth certificate of your spouse. citizenship is not needed, birth is what matters.
take an infopass and tell them that you are now current due to cross-chargeability and whats up with your case.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 04-16-2008, 01:03 PM
Senior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
04/26/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/25/2007
Compare
Join Date: Jul 2007
Posts: 101
maverick_joe will become famous soon enough maverick_joe will become famous soon enough
Default

I've talked to my attorney , all you need is ur wifes birth certificate which would confirm her being born in Kuwait. Let us know the progress of your case. I have heard from people who have successfuly made use of Cross-chargeablity.(is gc_bulgaria still wating for GC?)

Quote:
Originally Posted by anurag View Post
Friends,

Brief Synopsis of my case
-------
My labor was filed in Oct'2005 under EB3 category. It was approved and then my I-140 got approved and in July'07 485s were filed for me and my wife. My wife was born in Kuwait but never had Kuwaiti citizenship. In Kuwait one does not get their citizenship even if one was born there. My wife always had Indian citizenship. Her passport, even her EAD says that her country of birth is Kuwait.

Now I checked the EB3 category for ROW and it is Feb'06, which means that my case should be current. I talked to my lawyer and he says in order for us to apply for Cross Chargeability we need her Kuwaiti passport to show her Kuwaiti citizenship. But she never was Kuwaiti citizen, even though she was born there. So we do not have a Kuwaiti passport

We have her Birth Certificate in Arabic stating that she was born there and along with that we have her notarized copy of English translation. We have her school documents of her primary schooling in Kuwait.
------
My questions are -

- What can I do now? Should I talk to USCIS? If I should talk to USCIS, should I setup and Infopass appointment with them? Or should I talk to a lawyer who has handled cross chargeability before.

- Does anyone knows of a lawyer who has handled cross chargeability cases before? If so, can I have their contact numbers..

- Is there something else that I need to do....

All help is appreciated.

Regards,
Anurag
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 04-16-2008, 01:20 PM
Junior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
06/11/2007
Chargeability
:
Kuwait
Processing Stage
:
N/A
I485 Mailed Date
:
06/11/2007
Compare
Join Date: May 2007
Posts: 5
judemit is on a distinguished road
Default Cross chargeability

Findout if the original birth certificate is in English or Arabic. If the original birth certificate is in english then notorize the photocopies and ask the lawyer to ammend your I-485 (assuming you already applied for I-485). I believe the lawyer should be able to send the birth certificate with a cover letter.

In my case, my wife had the original birth certificate in Arabic (She was born in kuwait and the birth certificate was a 8 page booklet, every word was in arabic). I got it translated to English (i used a site which offered notorized copies) and gave it to the lawyer. He applied for I-485 using cross chargeability in last june. I guess he included some type of cover letter mentioning the Cross chargeability.

Hope this helps. The lawyer will be best person to consult.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 04-16-2008, 02:20 PM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 12
clazale is infamous around these parts
Default

Quote:
Originally Posted by meridiani.planum View Post
send letter to USCIS for cross-chargeability including the birth certificate of your spouse. citizenship is not needed, birth is what matters.
take an infopass and tell them that you are now current due to cross-chargeability and whats up with your case.
Does a Info pass appointment or a call to customer care have a negative effect of any sort? I mean can that undo anything your lawyer might have succedded in achieving for your case. Regardless what is a better option Infopass appointment, or just a call to the service center.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 04-16-2008, 02:25 PM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 12
clazale is infamous around these parts
Default Has your cross-chargeability already been accepted?

Quote:
Originally Posted by judemit View Post
Findout if the original birth certificate is in English or Arabic. If the original birth certificate is in english then notorize the photocopies and ask the lawyer to ammend your I-485 (assuming you already applied for I-485). I believe the lawyer should be able to send the birth certificate with a cover letter.

In my case, my wife had the original birth certificate in Arabic (She was born in kuwait and the birth certificate was a 8 page booklet, every word was in arabic). I got it translated to English (i used a site which offered notorized copies) and gave it to the lawyer. He applied for I-485 using cross chargeability in last june. I guess he included some type of cover letter mentioning the Cross chargeability.

Hope this helps. The lawyer will be best person to consult.
From what my attorney explained to me cross-chargeability is difficult to prove. My attorney also sent a cover letter with my I485 application and 2 other request letters after that.

But there is no guarantee that USCIS will act on those letters. Also i do not beleive that it is mandatory for USCIS to send a reply to a lawyer notifying that cross-chargeability will be used for that case.

So basically we just keep sending letters and hope that they will accept one of those? Or is there a way that is guaranteed to work?
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 04-16-2008, 02:25 PM
Junior Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
04/05/2006
Chargeability
:
Kuwait
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: May 2006
Posts: 12
anurag is on a distinguished road
Default Birth Certificate is in Arabic - but we have English notarized copy

All,

Thank you for your help/suggestions/comments. It is highly appreciated.


Judemit,

We have the booklet in Arabic, which is the birth certificate. We also have its notarized English translation.

Regards,
Anurag
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 04-16-2008, 04:59 PM
Junior Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
04/05/2006
Chargeability
:
Kuwait
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: May 2006
Posts: 12
anurag is on a distinguished road
Default any lawyers

So anyone knows any lawyers who have done this before? Can I have their contact information. I am aware that there would be some consultation fee which I am ready to pay.

Regards,
Anurag
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 04-16-2008, 05:11 PM
Junior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
11/24/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
06/02/2007
Compare
Join Date: Jan 2008
Posts: 10
rawmuk7 will become famous soon enough
Default

This is a Sensitive issue and you dont want to mess it up surely. You can probably talk to Shah Peerally in Fremont, CA. You can check out at peerallylaw.com. Best of luck

Quote:
Originally Posted by anurag View Post
So anyone knows any lawyers who have done this before? Can I have their contact information. I am aware that there would be some consultation fee which I am ready to pay.

Regards,
Anurag
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 04-16-2008, 05:16 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
11/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: May 2006
Posts: 124
waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold
Default same guy

Isn't Shah Peerly the same guy with the following statement ? I would strongly recommend go to some lawyer like Rajiv Khanna

“America is a very attractive country; everybody who comes here wants to stay,” said Shah Peerally, a Silicon Valley immigration lawyer. “I can tell you right now, there are nearly 1 billion people in India, of which maybe 800 million want to come here.”


Quote:
Originally Posted by rawmuk7 View Post
This is a Sensitive issue and you dont want to mess it up surely. You can probably talk to Shah Peerally in Fremont, CA. You can check out at peerallylaw.com. Best of luck
__________________
Contributed $920 till date
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
I-485 Cross Chargeability/FTJ tharu FREE Lawyer conference calls 3 11-02-2009 12:26 PM
I-485 Cross Chargeability/FTJ tharu Immigrant Visa 0 06-20-2009 08:04 PM
Cross chargeability MONCYS Retrogression, priority dates and Visa bulletins 3 01-21-2009 12:03 PM
Cross-Chargeability skp71 IV Agenda and Legislative Updates 2 02-17-2006 09:39 PM



All times are GMT -4. The time now is 08:42 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org