US crackdown on birth tourism: Will pregnant, young women face visa heat?

Business Standard

01-08-2025

Pregnant and young women may face problems getting US visas. Reason: The US government suspects some are travelling to give birth so their child can get American citizenship.
Over the past few weeks, US embassies have started warning foreign nationals that their visas could be cancelled if officials believe the trip is primarily for giving birth in the country.
'Using your visa to travel for the primary purpose of giving birth in the United States so that your child will have US citizenship is not permitted,' said the US Mission to Nigeria in a post on social media. 'Consular officers will deny your visa application if they have reason to believe this is your intent.'
The decision is entirely up to the consular officer assessing the visa interview. And that's where things become uncertain.
According to Adesh Nandal, advocate at Jotwani Associates, this guidance increases the risk of visa denials for pregnant women—even if their stated reason for travel is valid.
'The US Department of State has long applied a discretionary standard under Section 214(b) of the Immigration and Nationality Act, which requires nonimmigrant visa applicants to overcome a presumption of immigrant intent,' Nandal told Business Standard.
He added, 'Now, officers are being told to watch for signs that the applicant's real reason is to give birth in the US so the child can get citizenship. Pregnancy may not just be seen as a medical condition anymore—it could be viewed as a red flag for so-called birth tourism, especially if there's no strong evidence of another reason to visit.'
Tougher scrutiny for pregnant travellers
Ketan Mukhija, senior partner at Burgeon Law, said visibly pregnant women now face extra hurdles.
'Consular officers may deny B-1/B-2 visas if they determine that the applicant's primary intent is to give birth in the US to secure citizenship for the child. This places an elevated burden on pregnant applicants to show a clear, legitimate reason for travel,' Mukhija said.
But the policy doesn't just affect pregnant women.
Even women who are not visibly pregnant could face trouble, according to immigration lawyers.
'Visa adjudication is inherently subjective and often conducted in a matter of minutes,' Mukhija said.
Nandal added, 'Legitimate travellers—such as women attending conferences, family gatherings, or simply on holiday—may be denied visas if their pregnancy draws suspicion and they cannot quickly rebut that presumption with strong proof. Even with solid documentation, pregnant applicants face a higher risk of refusal.'
This has wider implications for young female applicants.
'The warning introduces the risk of profiling based on gender, age, and reproductive capacity. Even though the advisory specifically mentions those intending to give birth in the US, it may lead officers—consciously or unconsciously—to apply more intense scrutiny to young women of childbearing age,' said Nandal.
He said this creates 'an implicit bias' in the visa decision process.
'A young woman travelling alone, recently married, or with limited travel history may be seen as a potential birth tourist based solely on demographic assumptions,' Nandal explained. 'Such profiling, though legally questionable from an equal protection standpoint, is hard to challenge because of the doctrine of consular nonreviewability.'
He added that applicants are not entitled to know the exact reason for their refusal, as Section 214(b) denials often come with a generic explanation.
What is birth tourism?
Birth tourism refers to the practice of travelling to the US to give birth so that the baby automatically receives American citizenship. Under the 14th Amendment to the US Constitution, anyone born on American soil is a US citizen, regardless of the immigration status of their parents.
Former President Donald Trump criticised the practice during his first term. In January 2020, the White House released a statement saying, 'The administration is taking action to end 'birth tourism' – a practice in which aliens travel to the United States with the purpose of giving birth to gain citizenship for their children.'
The statement claimed that organised groups were helping women exploit a 'loophole' to get US passports for their babies.
On January 20, 2025, shortly after returning to office, Trump signed an executive order to end birthright citizenship. But that order has faced legal pushback.
Federal judges in several states have blocked the move, including US District Judge Leo Sorokin in Massachusetts.
'American-born babies are American, just as they have been at every other time in our Nation's history,' said New Jersey Attorney General Matthew Platkin, who was part of the legal challenge. 'The President cannot change that legal rule with the stroke of a pen.'
The White House has not yet appealed the latest rulings. The matter may end up in the US Supreme Court.
What pregnant women and others can do to protect their application
Applicants can take proactive steps to protect their visa application by clearly documenting their travel plans and nonimmigrant intent.
'For women who are pregnant but do not plan to give birth in the US, transparency is key,' Nandal said.
'For example, a doctor's note confirming the due date and that travel is safe—along with proof of plans to return home before the delivery—can directly address an officer's concerns.'
Even for those who are not pregnant, it's important to present clear supporting documents, such as:
• A full travel itinerary with dates, destinations, and hotel bookings
• Letters from employers or universities showing ongoing obligations
• Evidence of family or community ties, such as children or dependents remaining at home
• Financial records showing the ability to pay for the trip
• Return flight bookings
During the visa interview, applicants should be able to explain their travel plans clearly and confidently. Avoiding vague answers and anticipating potential concerns can make a difference.
'If a consular officer begins asking about pregnancy or future plans to give birth, it's best to stay calm and provide simple, factual responses. There's no need to volunteer personal medical details unless directly asked, but one should be ready to dispel any incorrect assumptions,' Nandal said.
What red flags do visa officers look for?
Consular officers are trained to spot patterns or inconsistencies that suggest the applicant might not be honest about their travel purpose.
'When it comes to suspected birth tourism, common red flags include the following,' said Nandal:
• Visible pregnancy with no documentation or medical explanation
• Lack of insurance or a financial plan for maternity care
• Vague or inconsistent travel details
• Travel dates close to the due date without strong justification
• Discrepancies between the visa form and interview answers
• Prior visits to the US during pregnancy or before childbirth
'These signals may not prove anything on their own,' he said, 'but taken together, they can lead an officer to reject the application.'
No appeal for these denials
Nonimmigrant visa denials under Section 214(b) cannot be appealed or challenged in court.
'Red flags like vague travel plans, late-pregnancy travel, or weak home country ties can result in rejection,' Mukhija said. 'There is no appeal process. The only option is to reapply with new, stronger evidence of a valid reason to travel.'