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State Department aims to limit 'birth tourism' with new visa rule

  1. Date Announced

    Jan. 24, 2020

    State Department final rule directs consular officers to deny B nonimmigrant visas to pregnant applicants suspected of traveling to the US to secure American citizenship for their newborn children. The new rule also states that visa applicants coming to the US for medical care must prove that they have the ability to pay for all the costs of their treatment. [ID #776]

    View Policy Document
  2. Effective Date of Change

    Jan. 24, 2020
Status: Final/Actual
Type of Action: Rule
Agencies Affected: USCIS Bureau of Consular Affairs

Prior Policies

  • Section 101(a)(15)(B) of the INA, 8 U.S.C. § 1101(a)(15)(B) authorizes B nonimmigrant visas for "visiting the United States... temporarily for pleasure" but makes no explicit mention of the intention to give birth in the United States. The new rule revises the definition of ‘‘pleasure’’ and subdivides 22 C.F.R. § 41.31(b)(2) into three paragraph levels.

    22 CFR 41.31(b)(2) - Temporary visitors for business or pleasure. (2011 version)

Commentary

Trump Administration Targets 'Birth Tourism' With New Visa Rule

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