Foreign state of chargeability facts for kids

The foreign state of chargeability is a special idea in United States immigration rules. It's about deciding which country an applicant is officially from when they want to move to the U.S. Usually, the country where someone was born is their "country of chargeability."

But sometimes, people born in countries with very long waiting lists, like India or China, can use a different country. This can make their wait much shorter to get their green card. A green card lets you live and work permanently in the U.S. This process is also called "alternate chargeability."

What is Your Immigration 'Home Country'?

Imagine the U.S. has a limited number of "spots" for people from each country to move there each year. Your "foreign state of chargeability" is like the country your spot is counted against. It helps the U.S. keep track of how many people are coming from different places.

Why Does Your 'Home Country' Matter?

For some countries, many people want to move to the U.S. This means there can be a very long waiting list. If you can be counted from a different country – one with a shorter waiting list – you might get your green card much faster. This is why "alternate chargeability" can be so helpful for some families.

How Do We Figure Out Your 'Home Country'?

The rules for deciding your "country of chargeability" are written in a big law called the Immigration and Nationality Act. These rules help the U.S. government (specifically USCIS) figure out which country you should be counted from.

Special Rules for Your 'Home Country'

There are a few special situations where your "country of chargeability" might not be the country where you were born:

• Children with Parents: If you are a child and you are moving with or joining your parents, you can be counted from either of your parents' home countries. This can be helpful if one parent is from a country with a shorter waiting list.
• Born in a Different Country: If you were born in a country where neither of your parents was born or is a citizen, you can be counted from either of your parents' home countries. For example, if your parents are from Germany but you were born during a family trip to Mexico, you could be counted from Germany.
• Spouse's Country: If you are married and your spouse is from a different country than you, you might be able to be counted from your spouse's home country. This can help if your country has a longer waiting list.
• Born in the United States: If you were born in the United States, but your parents were diplomats (people working for their country's government in the U.S.), you might not automatically be a U.S. citizen. In this case, you would be counted from your parents' country of citizenship.