Enterline & Partners Consulting | info@enterlinepartners.com

State Department Expected to Publish New Guidelines in an Effort to Impede U.S. Birth Tourism

The United States Department of State (“DOS”) is scheduled to release new guidelines giving consular officers further discretion to determine whether women who are applying for a B-1/ B-2 visitor visa primary purpose is to give birth in the United States. It is unclear how consular officers at U.S. Embassies and Consulates will make that determination and whether they will attempt to verify pregnancies.

The revised guidelines which are expected to appear shortly in the Federal Register is the latest move by the Trump Administration to discourage birth tourism. The White House has previously voiced concern that pregnant women are coming to the United States to give birth and claim U.S. citizenship for their children. Currently, consular officers use their judgment when screening visa applicants and do not ask every woman applying for a visa if they are pregnant.

“Under this rule, if a consular officer has reason to believe that a B nonimmigrant visa applicant will give birth in the United States, the applicant is presumed to be seeking a visa for the primary purpose of obtaining U.S. citizenship for the child,” the proposed rule states. “To rebut this presumption, the visa applicant must establish to the satisfaction of a consular officer a legitimate purpose other than obtaining U.S. citizenship for the child.”

The proposed language would alter the current guidelines on issuing B visas to pregnant women.

“Any B nonimmigrant visa applicant who you have reason to believe will give birth during her stay in the United States is presumed to be traveling for the primary purpose of obtaining US citizenship for the child. The applicant can overcome this presumption if you find that the primary purpose is not obtaining US citizenship for the child.”

According to the Center for Immigration Studies, there are an estimated 33,000 births per year to women who arrived in the United States on a B visitor visa and departed the country after giving birth.

 

For more information about these new guidelines from the United States Department of State, please contact us at:

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

Our EB-5 Services

Distinguishing U.S. Immigrant Visa Categories: Family, Employment, and Investment

When people think of U.S. immigration, the first thing that comes to mind oftentimes is Lawful Permanent Residence (“Green Card.”) However, the journey to permanent residency is not a one-size-fits-all road. The Green Card system can be divided into several visa categories, each with its own purpose, requirements, and process. Knowing how these categories differ is a must and making the right choice may shorten waiting times, avoid unnecessary setbacks, and help immigrant visa applicants and their families achieve their long-term goals. In 2025, the United States Citizenship and Immigration Services (“USCIS”) rolled out updates that streamlined certain steps while adding new layers of review in others. In this article, we will walk through the three main options: family-based; employment-based; and investment-based immigrant visas, enabling you to understand the differences and see where recent changes may affect your path forward. The Main Types of U.S. Immigrant Visas There are several

Read more >

DOS Will Now Require Nonimmigrant Visa Applicants to Interview in Place of Residence or Country of Nationality

Following the United States Department of State (“DOS”) updated policy requiring immigrant visa applicants to apply for their immigrant visas at Consulates in their place of residence or country of nationality, DOS now also requires nonimmigrant visa applicants to apply in their country of residence or nationality. According to DOS, nonimmigrant visa applicants applying based on residence must be able to demonstrate that they are residents in the country where they are applying for their nonimmigrant visas. While existing nonimmigrant visa appointments for nonimmigrant visa applicants applying in a consular district where they are neither residents nor nationals will generally not be cancelled, those applicants may face significant challenges in qualifying for the nonimmigrant visa for which they are applying. Nonimmigrant visa applicants are encouraged to check Embassy and Consulate websites for more detailed information regarding visa requirements and procedures or contact info@enterlinepartners.com for more information. ENTERLINE & PARTNERS CONSULTING

Read more >

U.S. State Department Stiffens the Bar on Immigrant Visas for Communist Party Members

This article is posted here in English and translated into Vietnamese and posted courtesy of the author, Gary Chodorow of Chodorow Law Offices.  You can find the original article on Gary’s website at: https://lawandborder.com/u-s-state-department-stiffens-the-bar-on-immigrant-visas-for-communist-party-members/ Introduction The U.S. State Department has updated its Foreign Affairs Manual (FAM) to toughen the statutory bar on issuance of immigrant visas to communist party members and affiliates. In short: What is the Foreign Affairs Manual? The Foreign Affairs Manual (FAM) is the official compilation of policies, procedures, and organizational responsibilities for the U.S. Department of State. It serves as a key reference for, among others consular officers, who are required to follow its provisions. What Does the Statute Say? Section 212(a)(3)(D) of the Immigration and Nationality Act (INA) reads as follows: 212(a)(3)(D) Immigrant membership in totalitarian party.— (i) In general.–Any immigrant who is or has been a member of or affiliated with the Communist or any other

Read more >
Vietnam
icons8-exercise-96 chat-active-icon