Can a USC child get a B1/B2 visa?

[Nathan Nissan 0]

I don’t have the required physical presence time to transmit citizenship to my child.

[Dashinka 24,480]

Can you use your parents physical presence to extend to the child?  If so, I don’t think the child would be eligible for a B2 visa.

 

3. Reliance on Physical Presence of Child’s U.S. Citizen Grandparent

If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet the requirement. In such cases, the officer first must verify that the citizen grandparent, the citizen parent’s mother or father, is a U.S. citizen at the time of filing. If the grandparent has died, the grandparent must have been a U.S. citizen and met the physical presence requirements at the time of his or her death.

Like in the case of the citizen parent, the officer also must ensure that:

• The U.S. citizen grandparent has been physically present in the United States or its outlying possessions for at least 5 years; and

• The U.S. citizen grandparent met such physical presence for at least 2 years after he or she reached 14 years of age. 

Like the citizen parent, a grandparent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the grandparent was not a U.S. citizen.

[Nathan Nissan 0]

@Dashinka My mother does have the required time but we’re not looking for citizenship I just want to go on vacation.

My wife has a B1/B2 visa and we’ve already been to the US once.

Edited March 26, 2023 by Nathan Nissan

[Mike E 11,739]

2 hours ago, Dashinka said:

Can you use your parents physical presence to extend to the child?  If so, I don’t think the child would be eligible for a B2 visa.

 

3. Reliance on Physical Presence of Child’s U.S. Citizen Grandparent

You appear to be referencing INA 322. If so this for expedited citizenship of a child that resides outside the U.S. where the parent has residence and has legal and physical custody of the child. If so, the child is not a citizen. The parent files N-600K and the child files for a B-2 visa in anticipation of an N-600K interview years later.

 

If the embassy is convinced the child will not try to file I-485, or the parent will not reside in the U.S. immediately after the child naturalizes, it might issue a B-2 visa.

 

2 hours ago, Nathan Nissan said:

My mother does have the required time but we’re not looking for citizenship I just want to go on vacation.

My wife has a B1/B2 visa and we’ve already been to the US once.

Given that, your child might get a B-2 visa. However, because the child has overwhelming ties to the U.S., expect denial. In that case, file N-600-K and try again.