Problems arise when a person enters the US on a B2 visa with the intention of getting married and staying in the country permanently. If you first get married to a US national and then file for adjustment of status, it is considered visa fraud. In case you want to apply for citizenship after your wedding, you will need to convince the USCIS that you did not have a preconceived intent to obtain US citizenship through the marriage.

Around 5% to 30% of all marriages between Americans and foreign nationals were considered fraudulent, says a 2008 study by the Centre for Immigration Studies. Such fraud can lead to severe punishment for the involved individuals.

So, before you apply for adjustment of status associated with marriage to a US citizen, here are a few things to consider.

The Marriage Should be Genuine

You need to be able to prove to the USCIS that the marriage was entered into in good faith. If, by any chance, the USCIS determines that it was only for the purposes of gaining access to the benefits of immigration, the application will be denied. This can lead to the initiation of deportation proceedings against you too.

Be Careful of the 30/60 Day Rule

The Department of State uses this rule to help consular officers detect visa fraud. Here are the conditions underlying the 30/60 Day Rule.

• If you file for a change or adjustment of status within 30 days of your entry, you will be assumed to have misrepresented your intentions during the visa interview.
• In case the application is filed between 30 to 60 days after entry, there will be no presumption of any kind of misrepresentation. But it is your responsibility to prove there was no misrepresentation of intent in any case.
• If you apply for adjustment of status after 60 days of entry, there is no presumption of misrepresentation and no burden on you to prove the same.

Timing is Key

If you get married too soon after arrival, it could raise red flags for the USCIS. In such cases, it might be assumed that there was preconceived intent, even if you file for the adjustment of status after 60 days.

What if Adjustment of Status is Denied?

If your application for adjustment of status is turned down, the USCIS could begin the process of deportation by referring you to the Immigration and Customs Enforcement. Remember that if you entered the country under a Visa Waiver program, you don’t have the right to put your case in front of an immigration judge.

Other Reasons for Denial of Application

Apart from the lack of evidence suggesting that the marriage is genuine, there may be other reasons for your application being denied. These could include your health, previous sanctions or any past criminal history.

But the big question is: Is it allowed? The answer isn’t as straightforward as a simple “yes” or “no.” There are some legal nuances and consequences you need to be aware of.

Let’s break it down so you can understand whether or not this is something you should consider.

1. Is It Legal to Give Birth in the USA on a Tourist Visa?

Yes, it is technically legal to give birth in the USA while on a tourist visa. The 14th Amendment to the US Constitution grants birthright citizenship, meaning any child born on US soil automatically becomes a US citizen—regardless of the parents’ nationality or visa status.

However, there are some catches.

2. Intent Matters – Visa Fraud Risk

When you apply for a B1/B2 tourist visa, you must prove that you are visiting the USA temporarily and plan to return to your home country. If your primary reason for entering the USA is to give birth, this could be considered visa fraud.

Here’s why:
When applying for a visa, you’re required to disclose the purpose of your visit truthfully. Failing to mention that you intend to give birth during your stay could be seen as misrepresentation. If US immigration officials suspect you are visiting just to give birth and your visa doesn’t reflect that, you could face consequences such as:

• Visa denial
• Detention at the port of entry
• Being sent back to your home country

So, while the act of giving birth isn’t illegal, concealing your true intent can land you in serious trouble.

Pro Tip: Be upfront about your intentions when applying for a visa or when entering the country if you’re asked by immigration officers.

3. Medical Costs of Giving Birth in the USA

Let’s not forget one of the biggest challenges—medical costs. The USA has one of the highest healthcare costs in the world, especially for childbirth.

• A natural birth in the USA can range between $10,000 to $30,000 (or more) depending on the hospital and your circumstances.
• A C-section could cost even more, with bills reaching $50,000+.

Most travel insurance policies do not cover costs related to pregnancy and childbirth, so you will likely need to pay for all these expenses out-of-pocket. Failure to settle these bills could result in serious financial consequences, including being reported to collections.

Pro Tip: Be prepared for the financial burden. Hospitals in the USA will expect payment, and if you don’t have a proper insurance policy or funds, it could complicate things.

4. Travel Restrictions and Health Concerns

Traveling while pregnant, especially in the later stages of pregnancy, comes with its own risks.

• Airlines: Many airlines have policies restricting pregnant travelers in their third trimester from flying. You may need a doctor’s note to prove you’re fit for travel.
• Health Risks: Traveling internationally while pregnant could expose you to health risks, especially in case of an emergency.

Immigration officers may also be suspicious of women in advanced stages of pregnancy arriving in the US.

They are trained to look for signs of birth tourism and may question you closely if they suspect you intend to give birth in the US.

5. Can You Be Denied Entry for Planning to Give Birth?

Yes, you could be denied entry if the Customs and Border Protection (CBP) officers at the port of entry believe you are entering the US primarily to give birth and have not made the necessary visa arrangements.

If you are detained or questioned at the airport, the decision to allow or deny entry is solely up to the CBP officer.

It’s not uncommon for pregnant women to be sent back to their home country if their intent is questioned.

Pro Tip: Always be prepared to answer why you’re visiting the US and have proof of your return plans (like a round-trip ticket or proof of employment back home).

6. Impact on Future Visa Applications

If you give birth in the USA without fully disclosing your intent, it could have repercussions on your future visa applications. You could face:

• Increased scrutiny in future visits.
• Potential visa denials if US authorities believe you previously engaged in misrepresentation.

Final Thoughts

While it’s possible and technically legal to give birth in the USA on a tourist visa, there are a lot of factors to consider. The key issue is being honest about your intent and understanding the legal and financial implications.

Pro Tip: If you’re pregnant and planning to visit the USA, it’s best to consult an immigration lawyer to ensure you are within the bounds of the law and to avoid any issues at the border.

Remember, while your child may gain US citizenship, it should not come at the cost of breaking visa rules or facing future legal complications. Plan carefully, be transparent, and make informed decisions.