The U.S. Department of State, through its Bureau of Consular Affairs, has issued a warning to foreign nationals attempting to enter the United States on tourist visas for the purpose of “birth tourism.” This practice involves traveling to the U.S. with the primary intention of giving birth and securing automatic U.S. citizenship for the child.
The department emphasized that such actions are a violation of U.S. immigration law and are deemed unacceptable. Consular officers are actively identifying and denying visa applications linked to this practice.
“It is unacceptable for foreign parents to use a U.S. tourist visa with the primary goal of giving birth in the United States to obtain citizenship for their child, potentially at the expense of American taxpayers who may bear the associated medical costs,” the Bureau of Consular Affairs stated. “This practice is known as birth tourism, and U.S. consular officers are instructed to deny all such visa applications under U.S. immigration law.”
Furthermore, the Department of State cautioned that individuals who exploit the immigration system through birth tourism may face significant long-term repercussions. “Those who abuse our immigration system in this manner may become ineligible for future visas or travel to the United States,” the bureau further warned. “This measure underscores the U.S. Department of State’s commitment to serving and protecting American taxpayers and communities by preventing the misuse of our immigration laws.”
According to the U.S. Department of State, consular officers are actively working to prevent foreign visitors from exploiting the U.S. immigration system through “birth tourism.” The department reiterated, “If a visa applicant is found to be seeking a tourist visa primarily for the purpose of giving birth in the United States to obtain citizenship for their child, the visa will be denied.”
Although there are no specific regulations prohibiting pregnant foreign nationals from entering the United States, entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer. “If the CBP officer determines that you are likely to become a ward of the government (meaning that the government must provide medical care because you do not have medical coverage), you can be denied entry,” a CBP help article reads.
“When determining if you will be allowed to enter the United States, the CBP officer will take into consideration the date your child is due for delivery and the length of time you intend to stay in the United States. In addition, they want evidence that you have sufficient medical insurance to cover any medical necessities while you are in the United States and that you intend to return home,” CBP further clarifies.
A CBP article reads, “If it is determined that you do not have sufficient medical insurance to cover any unexpected or expected medical care while in the United States, you can be denied entry. Additionally, if you are pregnant and entering the United States at a border port of entry via vehicle, be aware that the radiation detection portals deployed at the ports do not emit any radiation and do not present a hazard to you and your unborn child.”
On January 24, 2020, the Department of State amended its B nonimmigrant visa regulation to address birth tourism. Under this amended regulation, U.S. consular officers overseas will deny any B visa application from an applicant whom the consular officer has reason to believe is traveling for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child.
In 2020, the U.S. government announced a new rule aimed at restricting visas for pregnant women who intend to travel to the United States to give birth. That regulation stated that the State Department will no longer issue visitor visas to individuals coming to the U.S. primarily to give birth. However, consular officers are not permitted to directly ask visa applicants whether they are pregnant.
Unless there are specific reasons to believe an applicant is coming to the U.S. to give birth, consular officers should not inquire about pregnancy status. If a visa is denied, officers are required to include the reason for the denial in the visa documentation.
The U.S. State Department guidance to visa officers outlined in 9 FAM 402.2-4(A) regarding applicants suspected of traveling to the United States primarily for the purpose of giving birth and obtaining U.S. citizenship for their child clarifies how consular officials should assess these cases.
According to the guidance, visiting the U.S. temporarily for pleasure does not include travel with the primary goal of securing U.S. citizenship for a child through birth in the United States. Visa officers who have reason to believe a B nonimmigrant visa (NIV) applicant will give birth during their stay are instructed to presume the primary purpose of travel is to obtain U.S. citizenship for the child.
However, this presumption is rebuttable. Applicants can overcome it if they can demonstrate to the visa officer that their primary purpose of travel is something other than obtaining citizenship for their child.
The guidance provides examples of situations where the presumption might be overcome. These include instances where an applicant has a medically complicated pregnancy requiring specialized care unavailable in their home country, or when the primary purpose of travel is to visit a dying family member, and childbirth in the U.S. is a potential but secondary outcome due to the timing of the pregnancy.
The instructions explicitly state that visa officers must not ask female applicants whether they are pregnant unless there is a specific, articulable reason to believe they may be pregnant and planning to give birth in the U.S. Routine questioning of all female applicants or specific subgroups about pregnancy is prohibited, as is requiring proof of non-pregnancy. The guidance also emphasizes the sensitive nature of the topic and suggests considering private interviews when necessary.
Furthermore, the guidance clarifies that having a birth plan with a U.S. doctor or expressing a preference for giving birth in the U.S. is not sufficient to rebut the presumption of “birth tourism.” A key factor for visa officers to consider is whether the applicant has access to reasonable medical care in their country of residence.
The guidance stresses that officers should only assess the applicant’s current purpose of travel and should not factor in the possibility of future pregnancy for otherwise eligible applicants. Limiting visa validity solely due to pregnancy or potential future pregnancy is also prohibited.
A report had previously shown that more than 10,000 tourists per year were traveling to the U.S. to give birth. In 2015, U.S. authorities even conducted raids on hotels and apartments that offered package deals to pregnant women traveling to the U.S. for childbirth.
President Donald Trump frequently criticized the policy that grants automatic citizenship to anyone born on U.S. soil. Although this birthright citizenship is protected under the U.S. Constitution and cannot be easily repealed, the administration chose to tighten rules around it.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
