(c) (U) For those who have cause to think the brand new candidate offers beginning throughout their remain in the us, you are required to assume you to definitely giving birth with the objective of obtaining U. So it presumption is rebuttable, meaning the brand new applicant can be overcome this new assumption that they are travelling toward number 1 reason for getting U.S. citizenship towards the boy for those who influence your applicant provides created, with the pleasure, a separate and permissible priple, a candidate you are going to beat the fresh expectation whether they have a medically tricky pregnancy and now have setup getting authoritative health care regarding Us, due to the fact particularly specialized care and attention isn’t in or close to the country in which the candidate lives. In this situation, you can even stop the newest applicant’s no. 1 aim of travel is actually for official healthcare, in the place of seeking to U.S. citizenship to the boy.
(d) (U) Medical care isn’t the only way new expectation is rebutted. Eg, in the event the a b nonimmigrant charge applicant’s https://datingmentor.org/local-hookup/louisville/ no. 1 purpose to own go the usa is to try to check out a dying loved one, and you can in the look at the applicant may give birth throughout the You while the pregnancy deadline overlaps towards household members member’s past requested weeks regarding lifetime, the fresh new candidate might be able to rebut the new expectation. S. citizenship to possess a young child. Furthermore, a candidate to own a b nonimmigrant visa whom you ending does not propose to, and will not, give beginning in the united states, or exactly who if you don’t rebuts the assumption that they intend to traveling with the Us primarily to track down You.S. citizenship for a young child, really should not be rejected solely since the candidate is actually or seeks becoming expecting. When the a young child create and acquire U.S. citizenship during the birth in the event the born outside the You, the fresh new assumption will not incorporate.
(e) (U) The fact that an applicant enjoys a decided delivery package that have a doctor otherwise healthcare facility in america, or conveys a desires supply birth regarding United Claims more most other metropolises, is not sufficient to rebut the fresh new assumption one their number one objective from travel are acquiring You.S. citizenship with the kid. That important element you should consider is whether or not the fresh candidate provides entry to reasonable healthcare for the or around the country where the fresh candidate everyday lives.
(f) (U) In the event the a visa applicant’s number one purpose of take a trip will be to let otherwise praise another charge applicant whose app does not be eligible for charge issuance, you need to closely see whether or not the applicant have a special, genuine, aim of travel. The deficiency of for example a valid aim of take a trip you will definitely shed doubt on the dependability and qualification getting a-b visa. Pick nine FAM 302.1-2(B) to have advice on the aid of INA 214(b).
Come across twenty two CFR
(U) A candidate continuing to the Us so you can marry a good You.S. citizen petitioner within this ninety days off admission are classifiable because the an excellent K-1 nonimmigrant under INA 101(a)(15)(K). This new fianc(e) out-of good U.S. resident otherwise lawful long lasting citizen (LPR) get, yet not, getting categorized just like the a-b-2 invitees while you are found that fianc(e) intentions to go back to a house overseas following the marriage. A-b-dos charge can certainly be awarded in order to a candidate going to the us:
In cases like this, the fresh new applicant need fill you up your first goal is always to see a demise relative in lieu of to track down U
(U) Fianc(e)s exactly who expose a home abroad to which it decide to get back, and you can that or even qualified to receive visas, meet the requirements to own B-dos visas if for example the function of the latest check out is to marry good nonimmigrant in america from inside the a legitimate nonimmigrant F, H, J, L M, O, P, otherwise Q standing. You ought to recommend brand new fianc(e) to try to get a general change in nonimmigrant updates to this off the brand new by-product of the nonimmigrant partner soon after the marriage to the fresh new nearby work environment away from Company from Homeland Defense (DHS). B status isn’t compatible in the event the fianc(e) intentions to continue to be forever in america once admission, even though they will seek to exercise from the processing an enthusiastic changes otherwise transform off updates software.