The United States has announced a new visa restriction policy targeting people who knowingly engage in or facilitate commercial “birth tourism”, according to a September 23 statement from Secretary of State Marco Rubio.
The policy is being implemented under Section 212(a)(3)(C) of the Immigration and Nationality Act.
Who Could Be Affected?
The policy covers owners, operators and managers of commercial birth-tourism networks, visa “fixers” accused of coaching applicants to commit fraud, foreign medical providers who knowingly facilitate such travel or fraudulent use of Medicaid, and others who assist or enable commercial birth tourism. Certain family members may also be covered.
The State Department says the targeted networks advertise services, coach foreign nationals to misrepresent information on visa applications and charge large sums to arrange births in the US for the purpose of obtaining citizenship for children.
These are US government allegations about the networks targeted by the policy.
What Does It Mean for Pregnant Travellers?
The announcement does not create a blanket visa restriction on pregnant foreign nationals.
US rules have already stated that travelling to the US primarily to give birth in order to obtain citizenship for a child is not a permissible purpose for a visitor visa. That rule took effect in January 2020.
The new measure specifically expands the focus to people and businesses involved in facilitating commercial birth-tourism arrangements.
The State Department said the policy is intended to address visa-related fraud and protect US public-benefit programmes and taxpayers.
