S. citizenship ‘s the applicant’s no. 1 aim of traveling

S. citizenship ‘s the applicant’s no. 1 aim of traveling

(c) (U) When you have reasoning to think new applicant will offer birth during their stay-in the us, you have to presume one to having a baby for the purpose of experiencing You. So it assumption try rebuttable, meaning the fresh applicant is defeat the fresh presumption that they are travel with the top aim of obtaining U.S. citizenship to your son if you influence that the candidate features centered, into the fulfillment, a new and you can permissible priple, an applicant you’ll overcome the newest assumption whether they have a clinically complicated maternity and now have developed to possess authoritative medical care about Us, just like the including authoritative proper care is not obtainable in or nearby the country where the applicant resides. In this case, you may also conclude the brand new applicant’s no. 1 reason for take a trip is for authoritative health care, unlike looking to U.S. citizenship on the man.

(d) (U) Health care is not necessarily the best possible way the fresh new assumption would be rebutted. For example, when the a b nonimmigrant charge applicant’s primary goal to possess happen to be the us is to try to visit a dying cherished one, and you will into the visit the candidate can provide delivery on the United states given that maternity deadline overlaps to your friends member’s past expected weeks regarding existence, the latest applicant could possibly rebut brand new expectation. S. citizenship getting a young child. Similarly, an applicant to possess a-b nonimmigrant visa who you stop do maybe not propose to, and won’t, promote birth in the usa, otherwise whom or even rebuts the fresh new presumption which they intend to travel to your United states primarily discover You.S. citizenship to own a child, shouldn’t be rejected solely since the applicant is actually or intends becoming expecting. If a kid manage acquire U.S. citizenship during the beginning when the born outside of the You, the brand new presumption does not incorporate.

(e) (U) The fact that a candidate have a decideded upon birth bundle with a health care professional otherwise medical in america, or perhaps conveys a preference to give beginning regarding the Joined States more other towns and cities, isn’t adequate to rebut brand new assumption that their primary objective out-of travelling is acquiring You.S. citizenship towards the kid. That key factor you should know is whether this new candidate provides accessibility realistic medical care during the or close to the country in which the applicant resides.

(f) (U) In the event the a visa applicant’s primary aim of travel will be to help or go with various other charge applicant whose app does not be eligible for charge issuance, you really need to closely see perhaps the candidate has actually yet another, genuine, intent behind traveling. The possible lack of including a legitimate reason for travelling could cast question to their trustworthiness and certification to possess a b visa. Pick 9 FAM 302.1-2(B) to have suggestions for the employment of INA 214(b).

Come across 22 CFR

(U) A candidate continuing with the United states in order to marry a U.S. resident petitioner in this 3 months away from admission was classifiable since an excellent K-1 nonimmigrant below INA 101(a)(15)(K). The new fianc(e) off an excellent You.S. resident or lawful permanent resident (LPR) will get, yet not, feel classified just like the a b-dos invitees if you’re came across that fianc(e) plans to come back to a house overseas after the marriage. A-b-dos visa may also be granted so you can a candidate coming to the united states:

In such a case, the latest applicant have to fill you up the first goal is to go to koko app Dating a passing relative in lieu of to locate U

(U) Fianc(e)s exactly who establish a residence abroad to which it want to come back, and you will that happen to be otherwise eligible for visas, meet the requirements for B-dos visas in the event your intent behind the go to is to wed good nonimmigrant in the us for the a valid nonimmigrant F, H, J, L Yards, O, P, or Q standing. You should advise the fianc(e) to apply for a modification of nonimmigrant status to that particular of the fresh derivative of your own nonimmigrant spouse following the marriage so you’re able to the fresh nearby office away from Department out of Homeland Protection (DHS). B position isn’t compatible if your fianc(e) intends to remain permanently in the united states after entryway, even if they will seek to exercise by the submitting an enthusiastic improvement otherwise transform from condition app.

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