Department of State Publishes Final Rule to Prevent Pregnant Women from Traveling to the US under B Visas for “Birth Tourism”

The Department of State (DOS) last week published a final rule effective January 24, 2020, that states consular officers will deny applications for B nonimmigrant visas if the officer believes that the foreign national applicant intends to travel to the US for the primary purpose of obtaining US citizenship for a child by giving birth in the US, commonly referred to as “birth tourism.” The final rule states that the DOS is addressing the issue of “birth tourism” since it “creates a potential long-term vulnerability for national security” and since the “birth tourism” industry is “rife with criminal activity, including international criminal schemes.”

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