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U.S. Embassy in India Reiterates Visa Denials for ‘Birth Tourism’

The embassy’s post restates Trump-era limits on using visitor visas for childbirth, signaling tighter screening across visa categories.

Overview

  • In a post on X, the embassy said consular officers will refuse B-1/B-2 visas if they judge the primary purpose of travel is to give birth in the United States to obtain citizenship for the child.
  • The State Department has said birth tourism is unacceptable under U.S. immigration law and warned that such abuse can trigger ineligibility for future visas or travel.
  • The clarification aligns with regulations tightened in 2020 that treat childbirth as a medical purpose requiring legitimate medical need and financial capability rather than a pathway to citizenship.
  • Beginning December 15, the State Department will extend online‑presence reviews to all H-1B workers and H-4 dependents, expanding checks already used for F, M, and J applicants.
  • Trump’s January 2025 order to limit birthright citizenship remains blocked by lawsuits, though USCIS has published an implementation blueprint should the policy survive judicial review.