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


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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