Giving Birth In USA On Visitor Visa - Birth Tourism

The US follows the legal principle of jus soli (birthright citizenship), according to which a baby is automatically an American citizen upon being born in the United States. This means that if you give birth in the United States then your child is automatically an American citizen. As such, they will be eligible to get a US passport, vote in US elections, and to live, work, and study in the US without immigration restrictions.

However, if you give birth on a Visitor visa, you will still be expected to leave the US once the duration of your visa has expired. What is more, if you are deemed to have misrepresented your reasons for entering the US, then this could have negative legal implications for you, such as limitations on your ability to apply for future US visas. You may only enter the US on a Visitor visa with the intention of giving birth if you have sufficient medical reasons to do so; entering the US on a Visitor visa in order to give birth is otherwise not permitted.

Page Contents

• Birth Tourism: Overview
• Understanding the Visa Requirements for Pregnant Women
• How Do I Apply For A Visitor Visa?
• What to Expect When Giving Birth On A Visitor Visa
• The Benefits and Risks of Giving Birth in the United States as a Tourist
• How IAS  Can Help?
• Frequently Asked Questions

If you intend to enter the US as a tourist in order to give birth, you will likely need to apply for a Tourism (B2) nonimmigrant visa, which is a Visitor visa specifically intended for tourists. This visa type will generally allow you to stay in the US for up to 6 months, for reasons specifically relating to tourism.

Note that you are not allowed to enter the US on a Visitor visa for the primary purpose of giving birth. If this is deemed to be your reason for applying for a Visitor visa, your application will likely be rejected. However, a key exception to this is if you have medical grounds for giving birth in the US, for example if you require a level of medical care which is not available in your home country. In this case, you will require sufficient evidence from your doctor in order to apply on these grounds.

You will also be required to leave the US once your visa expires, even if your child is born in the US and obtains American citizenship. If you overstay the validity period of your visa, you will no longer have legal status and will be considered undocumented, which could jeopardize your future chances of getting a US visa or Green Card.

In order to apply for the B2 Visitor visa, you will first need to complete the online nonimmigrant visa application, Form DS-160. Next, you will need to schedule an appointment with your local embassy or consulate.

At this appointment, you will be required to give your reasons for entering the US. Note that, if you are found to have misrepresented these reasons, it may prevent you from obtaining a US visa in the future. You will also be required to provide a number of documents, including:

• Passport
• Your visa application form
• Proof of the application fee payment
• Photo, to the US specifications

You may also be required to provide evidence of the following:

• Your purpose for entering the US
• Your intention to leave the US once the validity period of your visa expires
• Your possession of the financial means to support yourself during your US trip

A decision on your application will either be made at the interview itself or after further administrative processing. If your application is successful, you will then be granted a US visa and will be able to legally enter the US as a tourist.

In order to give birth in the US, you will first need to secure medical care. In many cases, the healthcare professionals will also wish to provide prenatal care, checking on you and the baby before the baby’s birth.

In the US, you can give birth via either natural delivery or cesarean section, depending on your preferences and the circumstances of the birth. Once the baby is born, they will be granted a birth certificate which acts as proof of their American citizenship and which can later be used in order for them to obtain an American passport.

One major factor to consider when giving birth in the US is the significant cost of medical care. As many Americans have health insurance, this would usually subsidize the cost of their giving birth in the US. However, because much health insurance is linked to one’s employer, it may be difficult for you to obtain healthcare in the US if you are not yourself living and working in America. Even if you are able to obtain US health insurance, it is unlikely to cover the entire cost of giving birth and so you will likely need to make a financial contribution to the final bill.

You may also choose to pay your healthcare costs out of pocket. However, if you do not have sufficient financial means to cover the cost of childbirth, you will be assigned a social worker who will aim to have those costs covered by Medicaid, the government-provided health insurance which covers the healthcare fees of Americans with low incomes.

If you are likely to need to rely on Medicaid, you should note that referral to Medicaid can lead to the revocation of your visa. It can also mean that your current visa will not be able to be extended or that you will not be granted further visas in the future.

There are a number of reasons why you may choose to give birth in the US.

For one, the US has birthright citizenship (jus soli), meaning that if your child is born in the US then they will automatically be an American citizen. As a citizen of the US, they will be free to live, study, and work in America, without immigration restrictions.

Another potential reason to give birth in the US is for purposes of family reunification. If you have close family members in the US, your child may be able to join these family members. Additionally, once your child is 21 years old, you may be able to obtain a US Green Card if your child plans to live permanently in the US. Note that you are likely to be ineligible for this route if you have had undocumented status in the US for longer than 6 months, though there are some exceptions.

Whilst there are a number of benefits associated with giving birth in the US on a Visitor visa, there are also a number of risks and drawbacks to doing so. For example, you should note that, under US immigration law, you are not authorized to apply for a Visitor visa with the primary intention of giving birth in the US so that your child obtains American citizenship. If you are found to have entered the US for this reason and to have misrepresented your reasons for being in the US, you risk being denied future US visas or future entry into the US. This is because you will likely be deemed to have gained your visa through either misrepresentation or fraud, depending on your specific circumstances. If you are hoping to eventually settle in the US, this would prevent you from doing so.

Additionally, your child will gain US tax obligations upon becoming an American citizen, even if they choose not to live in the US as an adult. Whilst this will not become relevant until they are old enough to engage in paid employment, it is nonetheless something to consider when deciding whether or not to give birth in the US.

When deciding whether or not to give birth in the US on a Visitor visa, it is important to consider the risks discussed in this article. You should take into account the legal risks to yourself, the potential future limitations on your ability to enter the US, and the tax obligations which your child will eventually gain.