(c) (U) If you have reasoning to trust the latest applicant will provide delivery during their stay-in the united states, you have to presume you to definitely giving birth with the objective of getting U. That it assumption was rebuttable, definition this new applicant can be defeat the brand new assumption that they are traveling to the first purpose of acquiring You.S. citizenship for the child for many who dictate your applicant enjoys oriented, to your fulfillment, another and you may permissible priple, an applicant you’ll overcome the newest assumption if they have a clinically challenging pregnancy and get created for official health care regarding the You, due to the fact such as for example authoritative proper care is not for sale in or close to the nation in which the applicant lives. In this instance, you may want to ending the new applicant’s primary aim of traveling is for official health care, in lieu of trying U.
(d) (U) Medical care is not necessarily the best possible way the fresh assumption will be rebutted. Such as for instance, if a-b nonimmigrant visa applicant’s number 1 purpose to own journey to the united states would be to go to a dying relative, and into the look at the applicant may give beginning on Us given that pregnancy deadline overlaps into the family members member’s past questioned days off lifetime, the new applicant can rebut the fresh new presumption. In cases like this, the latest candidate have to satisfy you that the no. 1 purpose will be to check out a passing relative instead of to get U.S. citizenship having children. Also, an applicant to have a b nonimmigrant visa the person you stop really does not propose to, and does not, bring beginning in the us, otherwise just who or even rebuts brand new expectation which they intend to take a trip on the You mostly locate You.S. citizenship for a young child, shouldn’t be refuted solely due to the fact applicant was or seeks to be pregnant. If a young child manage acquire U.S. citizenship in the birth when the produced outside the United states, the new assumption cannot pertain.
(e) (U) The point that an applicant enjoys an agreed upon beginning bundle that have a physician or hospital in the united states, or simply just expresses a preference to give birth on the United States more almost every other towns and cities, is not enough to rebut the latest presumption one to the number one purpose out of take a trip is actually obtaining http://hookupreviews.net/women-looking-for-men/ You. That important element you should know is if the new candidate provides use of sensible health care in otherwise close to the nation in which the fresh candidate life.
Look for nine FAM 302
(f) (U) If a visa applicant’s primary function of travel is to try to assist or go with some other visa applicant whose application does not qualify for charge issuance, you need to directly take a look at whether or not the candidate has a different, genuine, intent behind travel. The lack of for example a legitimate purpose of travel you can expect to cast question to their trustworthiness and you may certification to have a b charge. 1-2(B) getting suggestions for the effective use of INA 214(b).
(U) A candidate continuing toward United states to help you get married good You.S. citizen petitioner in this 90 days out-of entryway are classifiable due to the fact good K-step 1 nonimmigrant significantly less than INA 101(a)(15)(K). Look for twenty two CFR . The fresh new fianc(e) off a good You.S. citizen or legitimate long lasting citizen (LPR) will get, however, getting classified because a-b-2 visitor if you find yourself came across that the fianc(e) plans to return to a house abroad soon after the marriage. A-b-2 visa can be issued so you can an applicant arriving at the us:
S. citizenship into kid
(U) Fianc(e)s whom introduce a residence abroad to which they intend to come back, and you may who will be if not eligible for visas, meet the criteria for B-dos visas in case your function of new see will be to marry an effective nonimmigrant in the usa inside the a legitimate nonimmigrant F, H, J, L M, O, P, otherwise Q position. You will want to advise the latest fianc(e) to apply for a modification of nonimmigrant condition to that off the brand new derivative of one’s nonimmigrant companion appropriate the marriage so you can the brand new nearby place of work of Agency of Homeland Coverage (DHS). B position isn’t appropriate if your fianc(e) intends to are nevertheless permanently in the usa just after entryway, even in the event they would attempt to do so by the processing an enthusiastic changes or changes out of reputation application.