Can Giving Birth in the U.S. on a Tourist Visa Lead to Visa Cancellation? Rumours vs. Reality

Several of our acquaintances on tourist visas have queried whether giving birth on a tourist visa automatically leads to the cancellation of the same. Moreover, there is a great deal of misconceptions and rumours surrounding this issue. This is precisely why our EB-1A experts have picked this topic to discuss in detail.

Here is everything you need to know about giving birth on a U.S. tourist visa.

What exactly are the problems associated with birth tourism?

“Birth Tourism” connotes the practice of entering the United States with the sole aim of giving birth. It is considered a misuse of the ‘Tourist visa’ by the United States authorities if the practice is carried out without informing the authorities through the proper channels.

Let us explain exactly what we mean: giving birth in the U.S. is itself not illegal. However, if you gained entry into the U.S. through a B-2 visa with the intention of giving birth, you need to notify the authorities of your intention through proper channels. If you knowingly stay quiet about your intention or even fail to pay for the required medical care, the authorities can accuse you of fraud and misrepresentation.

The underlying cause behind this legality is directly tied to the 14th Amendment. If a child is born on United States soil, they are often entitled to citizenship under the 14th Amendment.

Now, let’s take a look at legality and the recent government statement behind this burning issue of birth tourism.

Recent government statements and the underlying legal framework

A glimpse at the legal framework will give you a more succinct idea about this prohibition.

Interestingly, the U.S. immigration law leaves it to the discretion of the consular officers to deny non-immigrant visas under Section 214(b) of the immigration and Nationality Act.

In other words, if an applicant fails to convince the officer of their true nonimmigrant intent, the visa can face a risk of denial.

Moreover, if one enters the U.S. for childbirth without the necessary medical arrangements for carrying out the procedure or intent disclosure, they might be considered as an instance of misuse of visa privileges.

Often, the CBP officers are also given the right to deny an entry even with a valid visa. A suspected intent can trigger the raised alert level from the CBP officers.

What if you have given birth previously in the U.S.?

There is usually no automatic visa cancellation for women who have previously given birth in the U.S. on a tourist visa. Yet there is a caveat. The renewal applicants may be interrogated about their prior visits. In the interview, you will be required to provide the correct information about your prior visit.

Your prior childbirth will only become a problem if there was a non-disclosure of intent. If your medical bill is outstanding and unpaid, you may run into further complications as well. Another telltale sign that can lead to visa denial is repeated use of B-2 visas for medical purposes.

Now, let us debunk the common misconceptions about this issue and the truth that often remains undiscussed.

Truth vs. misconceptions

We have put together the common misconceptions and their equivalent truth side by side:

What should be the best practices for giving birth in the U.S.?

If you are travelling to give birth in the U.S., don’t hide it from the authorities. Be as honest and transparent as possible. Moreover, you should also produce clean records of medical care, such as proof of appointments or other financial documents.

If you have, on the other hand, given prior birth in the U.S., you should also produce a clean record of that history.

Last but not least, it is usually a good rule of thumb to communicate your case in detail to the immigration attorneys. They can mentor you to navigate your own personalised situation.

At GCEB1, we dedicatedly mentor extraordinary ability professionals to get EB-1A ready. Reach out to us if you need personalised guidance on the U.S. permanent residency.