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Just curious, how difficult and lengthy would the procedure be for this president's administration to change the laws on I485? Lets say if they want to get rid of cross chargeability - can that happen overnight?
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There haven't been any changes to the immigration laws recently, and it's relatively difficult for Congress to pass any changes to immigration laws. However, certain things are defined by regulations and not laws, and those things can be changed more easily, although they will still usually require a long rulemaking and comment process before they can be put into place. Certain things that are neither laws nor regulations but just department policy can be changed very easily. Cross-chargeability is defined in law in INA 202(b)(1) and 202(b)(2) and is unlikely to be changed. However, the specific case of cross-chargeability of a principal beneficiary to use the country of chargeability of a derivative spouse, is only an interpretation in the manuals of the Department of State and USCIS and could be changed at any time.Originally posted by federernadal View Post
This is my personal opinion and is not to be construed as legal advice.
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