Visiting USA

Giving birth in USA on Tourist Visa – Is it Possible/Allowed?

Can you give birth to a child on visit visa in USA?

(Last Updated On: October 31, 2018)

A friend of mine wanted his wife to give birth in US so that the child can have both Indian and US citizenship. They pre-arranged all the medical facilities and their accommodation in the states. Unfortunately, their tourist visa application got denied. When I researched upon the matter, I found that it was possible to give birth to a child in US on tourist visa but birth tourism is highly discouraged in the present times.

What is Birth Tourism?

People often travel to countries like USA, Canada and Australia to give birth to their children, which is termed as birth tourism. This is done mainly to obtain dual citizenship for the kids. According to US constitution, birth of a child in US automatically gives the child, rights and privileges of a US citizenship, says an article in Dyan Williams Law PLLC. Moreover, this also provides the foreign parent some immigration relief.

Officially, there are no regulations to prohibit birth tourism. However, if US custom officers found that you are pregnant and intentionally trying to have a child birth in the states, they might deny your visa application. Although in some cases where travel is for medical purpose related to childbirth, the consular officer might grant you a visa. You will have to provide sufficient proof of that.

US Crackdown on Birth Tourism Industry

An estimated number of 36K birth tourists come to the US every year, says an article on Center for Immigration Studies. Studies have shown that thousands of pregnant women from different countries such as China, Saudi Arabia, South Korea, Taiwan and others are included in this figure. In the year 2014, approximately 60000 Chinese women went to US for childbirth.

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This is increasing the number of immigrants in US, giving rise to social and economic problems; one of the many reasons why President Donald Trump is against ‘anchor babies’ or birth tourism. The rate of immigration fraud is increasing as well. Many people mislead the custom officers and use the loop-holes in the immigration laws to obtain US citizenship.

However, if you have decided to give birth to your child in US, you should decide upon important things such as choosing the right place and hospital where you want your baby delivered. Things will depend on how long you are going to stay in the states and if you will need to extend your visa, the carrier you are choosing for travel and the rules and regulations of the particular carrier. Often, the flight companies do not allow women passengers in late pregnancies to travel, as it is extremely dangerous. You should also inquire about the estimate cost for giving birth to your child and whether these expenses can be covered in your travel insurance. US healthcare facilities are expensive.

Before deciding anything, it is advised to be aware of all the immigration laws and possible risks associated with the plan. There are no rules restricting pregnant women from entering the United States, but in case, you are denied visa, you should consult an experienced attorney who could provide you with possible solutions.

Having lived in 3+ countries, worked for companies small and big in USA, Middle East & India, I have a lot of stories to share about international travel, immigration and living as an NRI in the US. Add me on WhatsApp if you have any queries (+001-408-489-4785)