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

Affiliated Job-Creating Entity From The RIA

The term “affiliated job-creating entity” is an important term of the EB-5 Reform and Integrity Act of 2022 (“RIA”). Under the EB-5 Immigrant Investor Program, foreign investors who participate make an investment in a new business that employs U.S. workers and can obtain lawful permanent residence in the United States. A company that is owned, run, or controlled by individuals associated with the new business endeavor or the EB-5 Regional Center is considered an “affiliated job-creating entity” in this context. According to this, a company falls under this category if it has ties to the people who control the business or Regional Center. These associated entities play a critical role in achieving the job creation objectives of the EB-5 program. These entities are not isolated in their activities; rather, they are closely linked to new business ventures and regional hubs that manage the flow of capital and ensure the development

Read more >
US Investment visa

A Complete Guide to the U.S. Investment Visa Process

For individuals looking to build a future in the United States, investment immigration is a viable option for some.   Through a U.S. investment visa, foreign nationals can pursue lawful permanent residence (“Green Card”) by investing capital into U.S. businesses that creates jobs and contributes to the growth of the American economy. It is an attractive option for entrepreneurs, business owners, and individuals with the resources to contribute capital, while also opening the door for their spouse and unmarried children under 21 to join them in the United States.  At Enterline and Partners, we understand that investment immigration is an important financial and personal decision. That is why our team works closely with clients to assess eligibility, prepare strong applications, and handle the often complex requirements of U.S. investor immigration law.  With decades of experience behind us, we help investors and their families take confident steps toward permanent residency and new

Read more >

Understanding Form I-864A: Contract Between Household Member and Sponsor

For many family-based immigrants applying for a Green Card, a key step in the process is the submission of Form I-864, Affidavit of Support (“I-864”). This is a legally binding contract in which the sponsoring family member (“Sponsor”) agrees to financially support the intending immigrant (“Beneficiary”). However, in some cases, the “Sponsor” alone may not have sufficient income or assets to meet the required financial support threshold. That is where Form I-864A, Contract Between Sponsor and Household Member (“Form I-864A”) comes into play. A Form I-864A,  is used when a household member—such as a spouse, adult child, parent, or other relative residing at the same address—agrees to combine their income with the Sponsors to meet the minimum financial requirement. The household member must be willing to commit to support the Beneficiary alongside the Sponsor by signing the Form I-864A. It is important to understand the difference between the I-864 and

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo