The general rule: place of birth
The State Department charges most immigrant visa applicants to their place of birth, not their citizenship or where they live now (9 FAM 503.2-2). If your birth country has its own column, read that column. If not, read "All Chargeability Areas Except Those Listed."
Why some countries have their own column
The law limits how many preference visas any one country can use in a year, generally 7% of the combined family and employment totals (INA 202(a)(2)). When demand from one country goes past that share, the bulletin gives it a separate, often later, cutoff. That is why EB-2 India and EB-2 for all other countries can be years apart.
The exceptions
- Spouses and children. A spouse or child can be charged to the principal applicant's country if a visa would not be available under their own birth country and they are accompanying or following to join (9 FAM 503.2-4(A)).
- Born in the U.S. Someone born in the United States who needs an immigrant visa is charged under a separate rule (9 FAM 503.2-4(B)).
- Born where neither parent lived. If neither parent was born in or lived in your birth country when you were born, you may be charged to a parent's country (9 FAM 503.2-4(C)).
Read your column
Questions people ask
Is chargeability based on citizenship?
Generally no. The State Department rule is place of birth. A person born in India who is a Canadian citizen is generally charged to India.
Can my spouse use my country?
Sometimes. A spouse or child may be charged to the principal applicant’s country when a visa would not be available under their own country of birth and they are accompanying or following to join.
What if I was born where neither parent lived?
The State Department lists an exception for applicants born in a country where neither parent was born or lived at the time of birth. They may be charged to a parent’s country instead. Your attorney or consular officer applies the rule.
Sources: 9 FAM 503.2, Chargeability (U.S. Department of State). Not legal advice. Your attorney or the consular officer applies these rules to your case.