Which is the better passport for immigrant visa?

[GoVisaGo 0]

I'm considering bringing my parents to the US. I'm not a US citizen yet, but I'm just planning ahead.

They are Philippine citizens (therefore have Philippine passports), but live in Hong Kong. My brother (who isn't planning on going to the US) is getting a Hong Kong passport. My question is that would it be better if my parents got Hong Kong passports, too, until I am able to petition them? I'm afraid that there are too many people from the Philippines wanting to get a visa that it would take longer for my parents to get one :-(

Thanks in advance for your help!

[Visa Grant 78]

I'm considering bringing my parents to the US. I'm not a US citizen yet, but I'm just planning ahead.

They are Philippine citizens (therefore have Philippine passports), but live in Hong Kong. My brother (who isn't planning on going to the US) is getting a Hong Kong passport. My question is that would it be better if my parents got Hong Kong passports, too, until I am able to petition them? I'm afraid that there are too many people from the Philippines wanting to get a visa that it would take longer for my parents to get one :-(

Thanks in advance for your help!

Passports are just means to get a Visa Stamp..US immigration will process visa petitions based on the country of birth..Correct me if i am wrong..

[LIFE'SJOURNEY 970]

Passports are just means to get a Visa Stamp..US immigration will process visa petitions based on the country of birth..Correct me if i am wrong..

Passport are related to your country of citizenship, are your parents considered Japan citizen? I don't think there are too many countries out there who grant residents citizenship by just residing there. Most countries only grant citizenship to an individual who has at least one parent who is a citizen of that country.

The OP needs to do their homework, about citizenship for Japan, before anyone here can give them accurate advise.

[Brother Hesekiel 2,236]

Passport are related to your country of citizenship, are your parents considered Japan citizen? I don't think there are too many countries out there who grant residents citizenship by just residing there. Most countries only grant citizenship to an individual who has at least one parent who is a citizen of that country.

The OP needs to do their homework, about citizenship for Japan, before anyone here can give them accurate advise.

Sh*t . . . Japan now attacked the R.O.C and annihilated Hong Kong?

[LIFE'SJOURNEY 970]

Sh*t . . . Japan now attacked the R.O.C and annihilated Hong Kong?

Ok, Ok, I was watching the news when I typed this, so Japan was on my mine. Every place I have insert Japan, should say Hong Kong.

Thanks Bob,

[Brother Hesekiel 2,236]

Ok, Ok, I was watching the news when I typed this, so Japan was on my mine. Every place I have insert Japan, should say Hong Kong.

Thanks Bob,

Just couldn't help it. he bad boy in me took over. I now pushed him back.

[GoVisaGo 0]

Passports are just means to get a Visa Stamp..US immigration will process visa petitions based on the country of birth..Correct me if i am wrong..

Thanks for the reply!

Where did you read/hear this from? Could you share the source? I just want to find out more.

Thanks again!

[Visa Grant 78]

Thanks for the reply!

Where did you read/hear this from? Could you share the source? I just want to find out more.

Thanks again!

Country Reciprocity Schedule

[Deputy Purple 1,294]

Passports are just means to get a Visa Stamp..US immigration will process visa petitions based on the country of birth..Correct me if i am wrong..

Actually, having citizenship or even Legal Resident status in a country other than your country of birth does change how USCIS handles you.

I had a Chinese girlfriend who was a Canadian Resident. Usually Chinese Citizens need a Visa to enter the US be she didn't because of her status in Canada.

[bantam88 1]

It's a non-issue. As you intend to apply for them as a US citizen later on making them immediate relatives, they don't have to wait in line for a visa number.

If they were not immediate relatives, passports won't matter either as the priority date will be based on country of birth rather than citizenship. One thing to note is that it seems difficult currently for a Chinese national to obtain a multiple entry visitor's visa.

My mother was born and resides in the Philippines but was considered a Chinese national (as she never naturalized) and holds a Taiwan passport. She had difficulty getting anything more than a 3 month visa with that passport. From my understanding because of tensions between China and the US. A Philippine passport holder might have a better chance of getting a multiple entry visa (like several of my aunts).

[lakambini 1]

I'm considering bringing my parents to the US. I'm not a US citizen yet, but I'm just planning ahead.

They are Philippine citizens (therefore have Philippine passports), but live in Hong Kong. My brother (who isn't planning on going to the US) is getting a Hong Kong passport. My question is that would it be better if my parents got Hong Kong passports, too, until I am able to petition them? I'm afraid that there are too many people from the Philippines wanting to get a visa that it would take longer for my parents to get one :-(

Thanks in advance for your help!

hi, just curious if your parents can really get a hongkong passport although they are not hongkong national...Really?

[Jojo92122 1,924]

Thanks for the reply!

Where did you read/hear this from? Could you share the source? I just want to find out more.

Thanks again!

For the purposes of a family based immigration petition (I-130), the time spent in line is dependent on the place where a person is born and not what passport the person holds.

Look at the country categories in the Visa Bulletin. Notice that one of the country category is "China - mainland born." It makes sense that a person with a Philippines passport who was born in mainland China would still be treated as "China - mainland born."

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From the Visa Bulletin:

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

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Here is supporting evidence from another source; http://www.murthy.com/news/n_ccgcap.html

Country Chargeability in Green Card Applications

Posted Nov 12, 2010

Many of our MurthyDotCom and MurthyBulletin readers are faced with backlogs in immigrant visa number availability in their permanent resident (commonly referred to as "green card") cases. Since the visa number allocations and backlogs vary by the country against which an applicant is counted (or charged), many individuals have questions about determining the country against which they can or will be charged. These concepts and rules are explained for the benefit of our readers.

Background: Why Chargeability Matters

Immigration to the United States is numerically limited. This is controlled by an annual allocation of visa numbers. Each family- or employment-based immigrant category has its own limit. Additionally, there is a per-country limit of seven percent of the total numbers. Understandably, some countries have a higher demand for visa numbers than others. These countries become oversubscribed, meaning there are more people applying for immigrant visas each year than there are visas available. This results in backlogs and long waiting times, which are very familiar to many of our readers. These can stretch into many years of waiting. Therefore, it is important to understand some of the chargeability rules, to assess whether there is an option to be charged against a more favorable country.

The Basic Chargeability Rule: Country of Birth

The basic rule of chargeability is that one is charged against the quota for the country of his/her birth. This determination is not tied to citizenship or nationality. A person born in a particular country is subject to that country's quota.

For example, a potential immigrant is born in India. S/he subsequently becomes a Canadian citizen. Unless this individual fits within one of the exceptions discussed below, s/he will still be subject to the backlogged quota for India, even as a Canadian citizen.

Citizenship Does Not Govern

As stated, chargeability is not governed by citizenship. The basic rule can work in favor of citizens from oversubscribed countries, if they were born outside of their country of citizenship. For example, if an Indian citizen was born in Canada, (perhaps because her/his parents were working or studying in Canada), the Indian citizen would be chargeable to Canada. This would simply be an application of the general rule of chargeability to the country of birth. Many Indian citizens were born outside of India, often in the Middle East or parts of Africa, during times when their parent/s were living or working outside of India. This generally puts such foreign nationals in a far more favorable quota, rather than the oversubscribed Indian quota. They will likely be eligible for the green card much sooner than someone born in India.

Chargeability to a Spouse's Country of Birth

In some circumstances, an immigrant can cross-charge to the country available to his/her spouse (provided that the spouse is immigrating also). For example, cross chargeability would usually be available if a person born in India were to marry a person born in Canada. If a U.S. employer filed an employment-based, second-preference (EB2) petition on behalf of the individual born in India, s/he would be able to use the Canadian chargeability, if immigrating with the spouse. Historically, this would mean immediate eligibility for immigration benefits under the Canadian quota, rather than many years of waiting under the heavily-backlogged Indian quota. This rule also applies to minor children, who can utilize the quota of either parent. It does not, however, allow parents to be charged to the country of birth of their children.

Just Passing Through Exceptions

There are a few fairly rare exceptions to these rules. An individual, born in a country where neither parent was a citizen or had a residence, is allowed to utilize the country quotas of either of her/his parents. This normally arises when one is born in a country where the parents were only visiting temporarily at the time of birth. Thus, if a Canadian couple traveled to India for a temporary purpose, and gave birth to a child during this visit, the child would have a choice as to chargeability. If this child wanted to immigrate to the United States as an adult, s/he could follow the general rule for chargeability to the country of birth. However, given the backlogs, the wiser option would likely be to request chargeability to Canada, with proof of the temporary nature of the parents' visit to India, as well as their, in this example, Canadian citizenship.

Renunciation of Citizenship

In the uncommon situation of individuals born in the United States who have lost or renounced their citizenship, chargeability is to the country of current citizenship. If they have not acquired new citizenship, chargeability is to the last country of residence.

Conclusion

In many situations, the rules regarding visa chargeability are straightforward, under the general rule for being counted against the allocation for one's country of birth. In some cases, however, there can be other options. A more favorable country of chargeability can shave years of waiting off of the green card process. The most common alternative is cross chargeability to one's spouse's country of birth. Individuals who have this option should contact with a qualified immigration lawyer, particularly if this was overlooked during the filing of a currently-pending green card case. It is important to fully inform the immigration attorney of any of the circumstances described that could affect one's country of chargeability. This will allow a complete review of the issues, and the selection of the most favorable option.