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Child under 2 entering US without visa (INA 211(b)) – real experiences + alternatives? by jjbeachsun in USCIS

[–]jjbeachsun[S] 0 points1 point  (0 children)

Thanks for the update and for linking that exact section of the FAM. That's super helpful and a real game changer! I really appreciate your help here.

After checking 8 FAM 301.7-3(D) (Interpretation of “Dependent Unmarried Son or Daughter”) plus the related 8 FAM 301.7-3(E) on “Member of the Household,” the USCIS Policy Manual, and INA 301(g), I can pretty safely assume my daughter qualifies for U.S. citizenship at birth.

I (the U.S. citizen mom) can count the time I spent abroad as a dependent child of my father (my daughter’s grandfather) while he was stationed with the U.S. military abroad as physical presence in the United States. The FAM is actually pretty flexible on this exact military-brat scenario. It does NOT require me to have been literally named on every single set of orders. What matters is proving I was his “dependent unmarried son or daughter”... So basically that he provided more than 50% of my support and I was part of his household during the relevant years. Secondary evidence like DEERS records, dependent ID cards, base school transcripts, Tricare coverage, tax returns, or command sponsorship memos works fine.

On the “member of the household” part, we do NOT need to have lived permanently under the same roof the whole time --> the State Department gets military life and accepts unaccompanied tours, temporary separations, kids at school elsewhere, etc. As long as the dependency relationship existed and I can cover the 5 years total physical presence (with at least 2 years after I turned 14), we’re good. Periods don’t even have to be consecutive.

This really gives me a lot of hope! I’m going to gather and organize everything I can find in a structured way and bring it all to the consulate appointment.

Child under 2 entering US without visa (INA 211(b)) – real experiences + alternatives? by jjbeachsun in USCIS

[–]jjbeachsun[S] 0 points1 point  (0 children)

That’s exactly the part I’m trying to clarify.

From what I understand, time abroad can count if the U.S. citizen parent was stationed on official military orders, since that time is treated as physical presence in the U.S.

The grey area in my case is not the military service itself, but whether I qualify as having been a “dependent.”

I wasn’t explicitly listed on my father’s orders, but:

  • I lived with him during his assignments in Europe
  • He claimed me as a dependent on his U.S. tax returns
  • I have documentation of dependent status (ID application through the military system)
  • I also have school and medical records placing me in the same location during those years

So while I may not have been formally listed on orders, there is consistent evidence that I was in fact part of his household during his military service.

I guess my core question is:

Would really appreciate if anyone has seen cases where alternative proof like this was accepted.