The U.S. government has issued a stern warning against "birth tourism," where foreigners travel to the country on tourist visas with the intention of giving birth and securing American citizenship for their children. In a statement released by the U.S. Embassy in Mexico, federal authorities emphasized that misusing the B1/B2 visa for this purpose is a violation of immigration laws, as reported by Univisión.
"It is unacceptable for foreign parents to use a tourist visa primarily to give birth in the U.S. to obtain citizenship for their child," stated the diplomatic mission. The State Department has cautioned that consular officers have the authority to deny a visa if they determine that the main intent of the applicant is to give birth in the U.S.
While such visa denials are not unprecedented, this public and direct stance signifies a tougher approach by the government toward this practice. Immigration attorney Raed González noted that it was already common for consulates to deny visas to pregnant individuals suspected of intending to deliver in the U.S. "But there has never been such an explicit announcement," he remarked.
Examples of what could be considered abuse include appearing for a consular interview while visibly pregnant without disclosure, overstaying the authorized period to give birth, and deliberately planning to deliver in the U.S. without valid medical justification. However, exceptions exist. If a pregnant woman travels on a B2 visa for medical reasons, such as specialized hospital care and with proper documentation, her entry might be permitted.
According to the State Department, medical treatment is a legitimate reason for using this visa category. Ultimately, the U.S. government reminded travelers that holding a visa does not guarantee entry into the country. Agents from the Department of Homeland Security (DHS) or Customs and Border Protection (CBP) can deny entry if they believe the travel purpose doesn't match the visa type granted.
Understanding U.S. Visa Policies on Birth Tourism
What is "birth tourism" according to the U.S. government?
"Birth tourism" refers to the practice where foreign nationals travel to the U.S. on tourist visas with the primary intention of giving birth, thereby securing U.S. citizenship for their newborns.
Can consular officers deny visas for those suspected of birth tourism?
Yes, consular officers are empowered to deny visas if they suspect that the applicant's primary intention is to give birth in the United States.
Are there any exceptions for pregnant women traveling to the U.S.?
Exceptions may be made if a pregnant woman is traveling on a B2 visa for legitimate medical reasons, such as receiving specialized hospital care, provided she has the necessary documentation.