Are you traveling to the United States on a B2 Visa for Pleasure?
B-2 visas are nonimmigrant visas used by individuals traveling to the United States for pleasure. This type of travel for pleasure includes tourism, amusement, visits with friends or relatives, rest, medical treatment and activities of a social nature. Effective on January 24, 2020, the U.S. Department of State posted a final rule excluding travel under the B2 visa for pleasure category for applicants whose primary purpose for travel is to secure U.S. citizenship for a child by giving birth in the United States.
If the consular officer has reason to believe that a B-2 visa applicant is planning to give birth in the U.S, then the burden is on the applicant to rebut this presumption by establishing a legitimate reason for traveling to the U.S. for medical treatment. The consular office will inquire whether a medical practitioner or facility has agreed to provide treatment and whether or not the applicant has estimated the duration of the visa and the means to pay for the medical treatment and related expenses. In other words, the prospective mother’s travel may be restricted if there is reason to believe she intends to stay in the U.S. beyond the time allowed on her B2 visa or plans for U.S. taxpayers to pay for her childbirth.
The birth tourism industry is rife with criminal activity and immigration fraud. The new rule seeks to help eliminate the criminal activity associate with the birth tourism industry. Such businesses engage in immigration fraud and international money laundering, charging as much as $100,000 for their services, enriching themselves and failing to pay for the costs of giving birth in the United States.
This rule does not affect those visiting who qualify for the Visa Waiver Program.
For more information, please contact our office for a free telephone consultation (15 minute) at 248-557-3645.
Associate Attorney, Immigration Law Department
The Law Offices of Joumana Kayrouz, PLLC
phone: (248) 557-3645 fax: (248) 200-0645 email: email@example.com
1000 Town Center, Suite 800 Southfield, MI 48075