1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Chargeability In A Disputed Area

Discussion in 'Immigration Policy' started by Ashish Desai, May 29, 2015.

  1. Ashish Desai

    Ashish Desai New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    I have been following your extremely informative forum for quite some time. I had a question about whether I can use Portuguese chargeability instead of Indian. I'm currently applying for an EB2 Green Card. I was born in 1980s in Goa, a state of India that was formerly ruled by Portuguese until 1961, when it was annexed by India.

    Is there a possibility that my chargeability might be different since Goa’s annexation was disputed for a long time (details below), including possibly after my birth? What happens when someone is born in a disputed territory?

    From some reading I have been doing on this topic, it turns out that India’s annexation of Goa was initially condemned by the UN (including US) and Goa was considered to be a part of Portugal for quite some time. The Portuguese govt. also considered anyone born in Goa as a Portuguese citizen by modifying their laws accordingly. The birth of my parents is registered in Lisbon and I have the option of becoming a Portuguese citizen as well (https://en.wikipedia.org/wiki/Portuguese_nationality_law#Goa). I came across this document (http://travel.state.gov/content/dam...xB-NotesonForeignStateofChargeability2014.pdf) which details how Chargeability is defined for some states that have undergone changes in boundaries/governments/decolonized (e.g. Macau). Also, based on “The INA advises that when there is a change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consulate offices.”, I was wondering if the date when Goa was officially recognized as a part of India by the US/INA plays a role in chargeability? Has the Secretary of State issued any instructions regarding Portuguese Goa? If not, is there any way to get the department’s opinion about this?

    I realize I'm clutching at straws here but I thought it might be worthwhile to give this a shot. :)

    Thanks,
    Ashish
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
  3. Ashish Desai

    Ashish Desai New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Thanks Ron. My PERM is currently ongoing. What should I fill in for NVC Case Number or USCIS Receipt Number ?
    Also, do you have any familiarity with similar cases or any knowledge of precedents that might be related?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Nothing. I'll look around and see if I can find anything for you. Since you don't have a case number yet, leave it blank (if you can).
     
  5. Ashish Desai

    Ashish Desai New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Good luck. Keep us posted on your progress.
     

Share This Page