Sometimes women want to get a tourist visa while pregnant. But will you be able to get a tourist visa if you are about to give birth?

The answer to this question isn’t inherently no, as it depends on the mother’s intentions for seeking a B-1 or B-2 Visitor visa. If a pregnant woman’s purpose of obtaining a tourist visa is for giving birth in the United States – and obtaining U.S. citizenship for a newborn, visa fraud has been committed. This is known as birth tourism, which is highly illegal, and carries implications both for the mother and her child.

In January of 2020, the Department of State (DOS) made regulations changes that help deal with pregnant women attempting to enter the U.S. during their pregnancy. While a pregnant woman may have obtained a visitor/tourist visa, entry to the country rests with the U.S. Customs and Border Protection (CBP) officers’ authority. Meaning that if a CBP officer determines that the pregnant woman seeks admission to the country with the intention of giving birth in the U.S., in order to gain U.S. citizenship for her child, she will be denied entry.

Here, we discuss the justifications behind CBP officers’ motives for denying entry. We also examine the implications a mother and her child will face – should she gain entry to the country.

Being Denied Entry to the U.S. on a B-1/B-2 Visa When pregnant

It’s unknown how many foreign-born women have traveled to the U.S. for the sole purposes of giving birth, and thus seeking U.S. citizenship for their child. However, as of July of 2012, it was approximated that more than 35,000 foreign expectant mothers traveled to the U.S., gave birth and left. Equally staggering, companies engaging in birth tourism charge more than $75,000 to assist in helping foreign women travel to the U.S. to have their babies and receive U.S.-based medical care.

There aren’t any explicit regulations that prohibit foreign expecting mothers from being granted entry to the U.S. It is the intention of obtaining U.S. citizenship for a foreign newborn that is unacceptable for obtaining a nonimmigrant B visa. So, let’s have a look at the rationales behind being denied entry while pregnant.

The following reasons a CBP officer would determine a pregnant woman is ineligible either for a B-1/B-2 visa or for admission to the U.S. include:

  • Inability to be to able to afford medical care once in the country
  • Insufficient funds
  • Insufficient health insurance
  • Insufficient for unexpected healthcare for her or her baby
  • The probability of reliance on public assistance
  • The likelihood to otherwise become a public charge
  • Being close to her baby’s due date

All in all, the CBP officer will take into consideration the delivery due date and the intended duration of stay in the U.S. They will also require evidence of sufficient medical insurance coverage for any expected and/or unexpected medical needs while in the country, and evidence of full intentions of returning home.

Additionally, airline companies have strict medical policies regarding pregnant women. Even when a nonimmigrant B visa is granted, boarding a flight may not be. This is due to the fact that the mother may give birth in-flight, or the airline could be responsible for paying for a return flight if entry to the U.S. is denied.

Are you are considering working in the U.S. while on a B-1/B-2 visitor visa? Make sure to read up on the rules and guidelines.

Giving Birth in the U.S. While on a Tourist Visa 

There are some major consequences for giving birth in the U.S. while on a tourist visa. Though not limited to, this includes the following implications:

  • Potentiality of compromising national security
  • Wrongful impact of U.S. citizens and lawful U.S. residents’ well-being
  • Likelihood of placing additional stress on public service offices
  • Likelihood of burdening healthcare services
  • Willful misrepresentation of intention for obtaining a tourist visa results in visa fraud, resulting in the likelihood of being arrested, charged and/or convicted of the crime
  • Wrongful acquisition of U.S. citizenship for the U.S.-born child
  • Inability to remain in the U.S.
  • Inability to extend the tourist visa
  • The mother and child must still leave the U.S. before the tourist visa expires
  • Loss of Visa Waiver Program qualifications when attempting to enter the U.S. from a visa waiver country, after denial of entry 
  • Probability of being barred from entering the U.S. for the next three years
  • Other future restrictions for traveling to the U.S.
  • Inability to obtain immigration status based on the birth of the child
  • The child born in the U.S. may have future tax implications
  • Future immigration difficulties for the U.S.-born child

As we are discussing the tourist B visa only, this regulation does not affect pregnant women with Academic, Vocational or certain Employment-Based visas (F-1, M-1, H1-B, respectively). Nor does this affect lawful permanent resident applicants and current visa holders.

Contrary to birth tourism is seeking medical treatment while pregnant. This is a valid reason for seeking a nonimmigrant B visa as an expectant mother. Under these circumstances, the U.S. government require the following evidentiary documents to be submitted with a B-1/B-2 visa application:

  • Authentic medical treatment in the U.S.
    • Condition(s) that require specialized medical expertise
    • Healthcare administered through advanced medical technology
    • Management of chronic disease(s)
    • Participation in experimental treatment(s) not currently available in the applicant’s home country
  • Written verification from a professional medical practitioner of the proposed treatment(s) to be administered
  • Genuine calculation of the length of time needed while in the U.S.
  • Estimated treatment cost 
  • Demonstration of sufficient funds for medical treatments, 
  • Documentary evidence of the ability to pay all applicable expenses, such as additional medication, additional doctor visits, lodging, transportation, food, etc.

Pregnant women who have previously given birth in the U.S. will be required to show evidence that she paid for the birth and did not use U.S. resources. Otherwise, she will be denied entry.

Frequently Asked Questions

Wrapping Up

In conclusion, pregnant women will not typically be granted a tourist visa and/or lawful entry to the U.S. Unless they are seeking medical treatment in the U.S. and happen to be pregnant at the time of the treatment(s). Though a woman can get a tourist visa and enter the U.S. while pregnant, seeking a B-1/B-2 visa for the purposes of giving birth while in the U.S. – in order to obtain U.S. citizenship for the child not only threatens national security, but results in visa fraud. 

It is therefore imperative that pregnant women do their due diligence when applying for a U.S. tourist visa. This means carefully planning their visit for a time that’s as far away from her due date as possible. Or, being able to supply all of the required documentary evidence related to any medical treatment sought in the U.S. Having a baby in the U.S. comes with a steep cost of nearly $10,000, so the expectant mother must be able to prove she can afford (personally, or through insurance) all birth-related expenses while she’s in the country.