Effective January 24, 2020, foreign nationals who apply for a B-1 or B-2 non-immigrant visitor visa to enter the U.S. with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States will be denied the visa. This amendment does not apply to travelers who seek admission to the U.S. through ESTA. It also should not preclude a female applicant who is pregnant and plans to give birth in the U.S. from obtaining a B visa if there are other reasons for seeking admission. The burden, of course, is on the applicant to demonstrate that she seeks admission to the U.S. for purposes consistent with the visa classification sought.
The Department of State has informed the public that consular officers will not routinely ask female applicants concerning pregnancy. This topic will only be raised if the officer as an “articulable reason to believe” that an applicant is pregnant and planning to give birth in the United States for the sole purpose of obtaining U.S. citizenship for the child. The officer’s presumption is rebuttable.
An applicant who is denied the visa may provide evidence for seeking admission to the U.S. that is unrelated to giving birth, or that explains a valid reason for giving birth in the United States.
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