The Golden Rule
- •Your queue determination is based on COUNTRY OF BIRTH.
- •It is NOT based on your current citizenship or passport.
- •Exception: Cross-Chargeability (using your spouse's country).
Country of Birth is King
Many applicants are confused when they acquire citizenship of another country (e.g., an Indian national becomes a Canadian citizen). They hope this moves them to the faster "Rest of the World" line.
Myth Buster
False. Even if you hold a Canadian, British, or Australian passport, if you were born in India or China, you are "charged" to the India or China line forever.
Exception: Cross-Chargeability
There is one major loophole called Cross-Chargeability. If you are married, you can use your spouse's country of birth if it is more favorable.
Example: The 'Golden' Marriage
An Indian-born engineer (Backlogged) marries a Nepal-born doctor (Current).
Result: Both can file immediately using the Nepal quota. The main applicant gets to "cross-charge" to Nepal.
Result: Both can file immediately using the Nepal quota. The main applicant gets to "cross-charge" to Nepal.