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Does place of birth have priority over nationality while filing for green card?

12 Jan 2015
Posted at 11:43h in FAQs by

Answer

The general rule on chargeability is that it goes by place of birth. So, if Indian parents have a child outside of India, that child may grow up and file a GC under her/his country of birth and avoid the Indian backlogs. There are limited exceptions in which a person could chose to be charged to the parent’s country, if, for example, a non-Indian set of parents had a baby while studying in India for a year. (12.Jan.2015)

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