Beginning today, January 24, 2020, pregnant women will no longer be able to obtain B nonimmigrant tourist visas to the United States.
The United States offers birthright citizenship to all babies born within the US. The new rule, published in the Federal Register and effective today, states that "birth tourism" - or traveling to the US for the purpose of giving birth - is not permissible under a B visa.
The new rule also states that there is a presumption that "any B nonimmigrant visa applicant who a consular officer has a reason to believe will give birth during her stay in the United states is traveling for the primary purpose of obtaining U.S. citizenship for a child." This means that consular officers will assume that all pregnant women are entering the US for the purpose of giving birth unless proven otherwise. To rebut this presumption, a B visa applicant must demonstrate that her primary purpose for entering the US is not to give birth.
Immigration attorneys will continue to monitor the enforcement of this rule.
If you are pregnant and planning to travel to the United States, please contact Ayla Adomat at firstname.lastname@example.org with any questions.