Dual Nationality and I-485: How USCIS Determines Country of Chargeability

For immigration purposes, USCIS generally determines a petitioner's 'chargeability' — the country assigned for visa quota purposes — based on country of birth, not citizenship or the passport used to enter the United States. This is a critical distinction for individuals with dual nationality, as visa backlogs and per-country caps are tied to birthplace under INA Section 202. In this case, the applicant was born in Venezuela but holds Spanish citizenship and entered on a Spanish passport with an F-1 visa. Despite using a Spanish passport, USCIS would typically charge the applicant to Venezuela for quota purposes. However, a cross-chargeability provision exists: if a spouse was born in a country with a shorter wait, the applicant may be able to charge to the spouse's birth country — though this does not apply to solo applicants. Regarding the travel/entry ban affecting certain countries, the ban typically restricts the issuance of new visas or entry, but its application to pending I-485 (Adjustment of Status) cases — filed while already in the U.S. — may differ. Applicants with pending adjustment cases should monitor USCIS policy updates and consult an immigration attorney for case-specific guidance. This situation highlights an important nuance in U.S. immigration law that affects many dual nationals. EB-3 applicants from high-demand birth countries like Venezuela face longer wait times due to per-country backlogs, even when they hold citizenship from countries with no backlog.