(c) (U) When you yourself have reason to trust the new candidate will offer birth throughout their stay-in the us, you are required to presume one to having a baby for the purpose of getting U. This presumption was rebuttable, definition the brand new candidate can be beat new expectation they are travelling into the top intent behind getting U.S. citizenship into the kid for people who determine the candidate provides mainly based, to your pleasure, a different sort of and permissible priple, an applicant you’ll defeat the latest assumption whether they have a clinically tricky pregnancy and have now set-up to have specialized health care regarding Us, just like the like authoritative proper care is not obtainable in or nearby the nation where in fact the candidate lives. In such a case, you can conclude new applicant’s no. 1 reason for travel is actually for authoritative health care, as opposed to trying You.S. citizenship towards the boy.
(d) (U) Healthcare is not the best way the fresh new assumption should be rebutted. Such as, if the a-b nonimmigrant charge applicant’s no. 1 mission for travel to the us is to try to see a dying relative, and you may inside check out the candidate may give beginning about You as the maternity due date overlaps towards family members member’s history asked months away from life, the fresh new applicant may be able to rebut new expectation. S. citizenship to have a child. Likewise, a candidate having a-b nonimmigrant visa who you conclude really does perhaps not want to, and does not, provide beginning in the usa, otherwise whom if not rebuts brand new presumption which they plan to travelling on the Us primarily to acquire You.S. citizenship getting a child, must not be declined only just like the candidate is otherwise aims to become expecting. When the a kid do and obtain U.S. citizenship from the delivery if the produced beyond your You, the expectation doesn’t pertain.
(e) (U) The fact that a candidate has actually an arranged birth bundle which have a doctor or medical facility in america, or just conveys a desires to offer birth from the United Says more almost every other cities, isn’t adequate to rebut the presumption one its first mission out-of travel is actually getting U.S. citizenship toward kid. You to definitely important element you need to know is whether the latest candidate enjoys the means to access realistic health care within the or close to the nation in which the latest applicant life.
(f) (U) In the event that a charge applicant’s number one aim of travelling is to try to help otherwise go with several other charge candidate whose application will not be eligible for charge issuance, you will want to directly evaluate if the candidate keeps a different, genuine, reason for traveling. The deficiency of such as for example a valid purpose of traveling you will definitely throw doubt to their dependability and you may degree for a-b charge. Discover nine FAM 302.1-2(B) to have great tips on the usage INA 214(b).
Get a hold of 22 CFR
(U) An applicant continuing to your All of us datingmentor.org/pl/meetme-recenzja to help you marry a U.S. citizen petitioner within this 3 months of entryway was classifiable once the good K-step 1 nonimmigrant significantly less than INA 101(a)(15)(K). New fianc(e) out-of good U.S. citizen or legitimate permanent resident (LPR) will get, but not, feel classified due to the fact a-b-dos guest if you find yourself found your fianc(e) intends to go back to a property overseas after the wedding. A-b-2 charge can certainly be given so you’re able to an applicant arriving at the usa:
In such a case, the new applicant need to satisfy you that the primary objective would be to head to a death cousin in lieu of to acquire U
(U) Fianc(e)s which introduce a property abroad to which it propose to get back, and you can who are if you don’t qualified to receive visas, qualify getting B-dos visas if the purpose of this new check out is to try to marry a beneficial nonimmigrant in the usa when you look at the a legitimate nonimmigrant F, H, J, L Yards, O, P, otherwise Q updates. You really need to suggest the newest fianc(e) to try to get a change in nonimmigrant position to that out-of the brand new by-product of your nonimmigrant mate appropriate the wedding to the newest nearest office out of Service out-of Homeland Coverage (DHS). B position isn’t compatible in case the fianc(e) plans to will still be permanently in the us once entryway, whether or not they would seek to do so of the filing an modifications otherwise change out-of condition application.