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The United States government issued a stern warning against so-called "birth tourism," a practice in which foreigners travel to the country on a tourist visa with the intention of giving birth and obtaining U.S. citizenship for their children.
Through a statement released by the United States Embassy in Mexico, federal authorities emphasized that this improper use of the B1/B2 visa constitutes a violation of immigration law, reported the channel Univisión.
"It is unacceptable for foreign parents to use a tourist visa primarily to give birth in the U.S. in order to obtain citizenship for their child," stated the diplomatic delegation.
The State Department warned that consular officials are authorized to deny the visa if they determine that the primary purpose of the applicant is to give birth on U.S. soil.
Although this type of refusal is not new, the public and direct stance represents a hardening of the government's approach to this practice.
Immigration attorney Raed González explained that it had become common for consulates to deny visas to pregnant individuals if there was a suspicion that they were looking to give birth in the U.S. “But nothing this explicit had ever been published before,” he noted.
Among the cases that could be considered as abuse are: appearing at the consular interview with an advanced pregnancy without declaring it; remaining in the country longer than authorized to give birth; and deliberately planning to give birth in the U.S. without valid medical justification.
However, there are exceptions. If a pregnant woman travels with a B2 visa for medical reasons, such as specialized hospital care and with the proper documentation, her entry may be allowed.
Medical treatment is one of the legitimate reasons to use this category of visa, according to the Department of State.
Finally, the U.S. government reminded that holding a visa does not guarantee entry into the country. Agents from the Department of Homeland Security (DHS) or Customs and Border Protection (CBP) can deny entry if they believe that the purpose of the trip does not match the type of visa issued.
Frequently asked questions about birth tourism and U.S. immigration policies.
What is birth tourism and why does the U.S. consider it problematic?
Birth tourism is a practice in which foreign individuals travel to the United States on a tourist visa with the aim of giving birth and obtaining U.S. citizenship for their children. The U.S. considers this practice a violation of immigration laws, as it involves the misuse of the B1/B2 visa. U.S. authorities have warned that they will deny visas to those with this intent.
How can the U.S. government deny visas on the suspicion of birth tourism?
The State Department has authorized consular officials to deny visas if they detect that the main objective of the applicant is to give birth in the U.S. This measure is part of a context of tightening immigration policies, where strict adherence to immigration laws is prioritized.
Are there exceptions for pregnant women traveling to the U.S.?
There are exceptions for pregnant women traveling on a B2 visa for medical reasons, such as specialized hospital care, as long as they have the necessary documentation. Medical treatment is one of the legitimate reasons to use this visa category, according to the Department of State.
What consequences do those who violate U.S. immigration laws face?
Failure to comply with U.S. immigration laws can result in the revocation of the visa and a potential permanent ban on entry to the country. Providing false information, lying about the purpose of the trip, and committing immigration fraud are common reasons for visa cancellation. Additionally, visa holders must strictly adhere to the rules associated with their visa type to avoid penalties.
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