Trump Administration Singling Out Female U.S. Visitors
This past week, the Trump Administration targeted both women and the 14th amendment (which grants U.S. citizenship to those born in the U.S.) through amending 22 CFR 41.31 to exclude from travel for pleasure where the primary purpose of the travel is to obtain U.S. citizenship for one's child by giving birth in the U.S. The new rule was released on Thursday, January 23, and went into effect on Friday, January 24; it puts the burden on the female who the officer has reason to believe will give birth in the U.S. to prove to the officer that the primary purpose of the travel to the U.S. is not to obtain U.S. citizenship for the child by giving birth in the U.S. The U.S. State Department is unaware of the exact number of people who travel to the U.S. to give birth, but believes that it is an increasing trend. Also, the Department claims to be amending the rules in this way in the interest of national security.
Since travel to the U.S. for the purpose of medical treatment is permitted on a B visa, the U.S. Department of State also amended the Regulation to make it harder for a pregnant woman to enter the U.S. on this ground; to enter on this ground, the person would have to prove to the officer as to why they are seeking the treatment in the U.S., that there is a facility or medical professional that will treat them and that they can afford to and plan to pay for the treatment related expenses with funds from legitimate sources.
If you are pregnant and/or will be seeking medical treatment in the U.S. and are concerned about your upcoming travel to the U.S. in B visa status, you may wish to consult with an immigration attorney to ensure that you are fully informed about this matter. Attorney Rebecca Carcagno handles B visa related matters and offers a free initial consultation (734) 999-0360.
***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***
Sources:
(1) https://www.cnbc.com/2020/01/23/trump-administration-unveils-new-rules-to-curb-birth-tourism.html
(2) https://thepointsguy.com/news/breaking-news-trump-white-house-crackdown-on-so-called-birth-tourism/
(3) https://www.wsj.com/articles/state-department-to-issue-rules-restricting-u-s-travel-for-pregnant-foreigners-11579790313
(4) https://www.federalregister.gov/documents/2020/01/24/2020-01218/visas-temporary-visitors-for-business-or-pleasure
Rebecca Carcagno
The Law Offices of Rebecca Carcagno, PLLC
3830 Packard St
Suite 240
Ann Arbor, MI 48108
