US Lists Type of Visa Prohibited for Foreign Couples Planning to Give Birth in America

• The US Department of State clarified that travelling to America with the primary purpose of giving birth is not permitted on a named visa type
• The restriction applies specifically to that visa category, and is stated for just tourism purposes only
• Foreign nationals who misrepresent the purpose of their trip during the visa application process risk serious immigration consequences

The United States Department of State has made clear that birth tourism, the practice of travelling to America specifically to give birth and secure US citizenship for a child, is explicitly prohibited under the country's visitor visa category.

According to the US Department of State's official visitor visa page, the B-1 and B-2 nonimmigrant visas are issued strictly for business and tourism purposes.

The page states plainly that "birth tourism (travel for the primary purpose of giving birth in the United States to obtain US citizenship for their child) is not permissible on a visitor visa."

What the B-1 and B-2 Visitor Visas Cover

The B-1 visa covers temporary business activities, while the B-2 is intended for tourism, holidays, and visits to family or friends.

Neither category permits the holder to work in the United States or to travel with the primary intention of giving birth.

During the visa interview process, consular officers assess whether an applicant qualifies based on their ties to their home country, the stated purpose of their trip, their intention to return home, and their ability to cover travel costs.

Applicants are expected to provide evidence such as proof of employment or family ties to demonstrate genuine intent to return after their visit.

Consequences for Overstaying or Misrepresenting Travel Purpose

The State Department also outlined serious consequences for those who overstay their permitted time in the United States. Under Section 222(g) of the Immigration and Nationality Act, any visa held by a person who falls out of status is automatically voided.

A multiple-entry visa cancelled on these grounds cannot be used for future travel to the United States, and the individual may also become ineligible for visas going forward.

The non-refundable visa application fee for a visitor visa is $185. Applicants must complete the online Form DS-160, attend an interview at a US embassy or consulate in their home country, and provide a passport valid for at least six months beyond their intended stay.

The Department of Homeland Security's Customs and Border Protection officers at ports of entry retain the authority to deny admission even to travellers who hold a valid visa, meaning approval of the visa itself does not guarantee entry into the country.

US speaks about faster immigration route

Meanwhile, Legit.ng previously reported that US published a list of countries it partnered with for Global Entry fast-track clearance.

Global Entry allows eligible travellers to skip standard immigration queues when arriving in the United States, making entry significantly faster.