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I-485 Cross Chargeability

Discussion in 'Filing for AOS with an approved I-140' started by zzhwa, Nov 10, 2015.

  1. zzhwa

    zzhwa New Member

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    Hi Ron,

    I am a big fan, thank you for all your work, it is a great motivation to the immigrant community.
    I had a question regarding I-485 Cross chargeability. hope to receive some insight.
    1. How Successful are I-485 applications filed using Cross-Chargeability.
    2. Are there any restrictions for Cross-chargeability, Is “country of Birth” the only criteria ? Or does not being citizen of the country where they were born effect the I-485 application.
    3. I ask #2 because I read on one specific case, where AOS was applied based on spouse’s country of birth (Saudi Arabia in this case), was denied stating the spouse is not a citizen of that country to apply for cross changeability based on the OPM citizenship law of the world. reference: http://www.avvo.com/legal-answers/i-applied-for-485-with-cross-chargeability-based-o-1715205.html
    4. What happens when a I-485 application filed using cross-chargeability is denied, does that negate all the PERM, I-140 processing done till date ? Or can the I-485 be applied again when the principal applicant’s priority date becomes current.
    Thanks once again, looking forward for your response

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