Following the Department of State’s amended regulations addressing birth tourism in January 2020, questions continue to be raised whether a pregnant woman may travel to the U.S. on a valid B-1/B-2 Visitor Visa for the sole purpose of giving birth regardless of whether she was issued the B-1/B-2 Visitor Visa prior to the new regulations taking effect or afterwards. While there are no specific regulations prohibiting pregnant women with valid B-1/B-2 Visitor Visas from entering the United States, such entry is at the discretion of the admitting U.S. Customs and Border Protection (“CBP”) Officer at the Port of Entry (“POE”).

If the CBP officer determines that you are entering for the primary purpose of giving birth in the United States to obtain U.S. citizenship for your child, you may be denied entry.   Moreover, if the CBP officer determines that you are likely to become a public charge, meaning that you will not be able to afford medical care because of either insufficient funds or lacking health insurance and would have to rely on public assistance, you may be denied entry.

When determining if you will be allowed to enter the United States at the POE, the CBP officer will take into consideration the date your child is due for delivery and the length of time you intend to stay in the United States. In addition, they want evidence that you have sufficient funds or medical insurance to cover any medical necessities while you are in the United States.

If it is determined that you do not have sufficient funds or medical insurance to cover any unexpected or expected medical care while in the United States, you may also be denied entry.

For more information contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

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

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