U.S. Embassy India Reinforces Stance: Visitor Visas Not For Birth Tourism, Warns Indian Applicants
Date: October 26, 2023
The U.S. Embassy in India has issued a clear warning to Indian visa applicants regarding the misuse of B-1/B-2 visitor visas for the purpose of "birth tourism." This official stance underscores the U.S. government's commitment to ensuring that all visa applications reflect genuine intent, discouraging individuals from seeking U.S. citizenship for their children through temporary visitor stays.
Birth tourism refers to the practice of non-immigrant pregnant foreign nationals traveling to the United States primarily to give birth on American soil. The goal is to obtain automatic U.S. citizenship for their child, leveraging the 14th Amendment's birthright citizenship clause. While birthright citizenship itself is a constitutional right, entering the U.S. on a visitor visa with the undisclosed primary intent of giving birth for citizenship purposes is viewed as a misrepresentation of the visa's true intent.
A B-1/B-2 visitor visa is specifically intended for temporary stays for tourism, visiting family, business meetings, or legitimate medical treatment. Consular officers are trained to assess the applicant's true purpose of travel. If an applicant's primary objective is to facilitate their child's U.S. citizenship, rather than a temporary visit for tourism or urgent medical care with intent to return, their application may be denied. The U.S. Embassy emphasizes that using a visitor visa to give birth in the U.S. for the sole purpose of conferring citizenship is not permitted. This policy clarifies that while giving birth in the U.S. is not illegal, misrepresenting one's intent to obtain a visa for this purpose is grounds for refusal.
Indian visa applicants, especially pregnant women, can expect rigorous questioning during their visa interviews. Consular officials will inquire about the purpose of travel, duration of stay, financial resources for medical expenses, and strong ties to India demonstrating intent to return. Any indication that the primary purpose of the visit is to give birth in the U.S. for citizenship benefits can lead to a visa refusal. Transparency and honesty are paramount throughout the application process for a U.S. visitor visa.
Misrepresenting one's intent during a U.S. visa application can have severe consequences, including immediate visa denial and potential bars on future travel to the United States. While legitimate medical needs can be a valid reason for travel, such cases require comprehensive documentation proving the medical necessity, financial capability to cover all associated costs, and a clear intent to return to India after treatment.
The U.S. Embassy's directive serves as a crucial reminder for all Indian applicants to ensure their stated purpose of travel aligns precisely with the B-1/B-2 visa category. Applicants must demonstrate strong economic, social, and family ties to India, along with sufficient funds for their trip and the explicit intent to return after their temporary visit. Adhering to these U.S. visa policy guidelines is essential for a successful application and to avoid visa refusal related to birth tourism.
