B2 Pregnancy Entry JFK

[nekotakacho 60]

Hi, a friend of ours wants to visit the USA (from Russia) on a B2 tourist visa, with the intent of giving birth here this summer. Is this possible? What documents are necessary to do this? She has spoken to US clinics and has been accepted into one. Does she need to show this to US Customs officer? Does she need to show a return ticket and proof of funds? Any help or advice is greatly appreciated. Thank you!

[SusieQQQ 11,587]

Does she have a visa yet? Trump instituted a rule last year ordering embassies to deny giving visas to women whose purpose was to have birth here.https://travel.state.gov/content/travel/en/News/visas-news/20200123_birth-tourism-update.html  I don’t recall seeing anything about that being rescinded, and I don’t know if CBP were issued specific orders on what to do about these cases at the border. Birth tourism is one of those things that is not illegal (well unless you don’t pay etc) but it is frowned upon.  I don’t know that CBP can deny her entry just on that basis though. She should very definitely be prepared to show proof of funds and a return ticket...and hope there are no complications with the birth.

[Verrou 1,962]

it is possible if she already got visa. but the issue here, how long she wants to stay in US?  over 6-7 months preggie normally depend on the airlines, they wont let u board the plane especially if the baby bump shows tremendously. so there's still 2-3 months before she giving birth + i dont think she wants to fly immediately after giving birth. and how about healthcare / insurance to pay the bill ? so just my 2 cents. 

 

i knew someone who did this 25 years ago so just her kid can get citizenship by birth and then coming back to her country with the baby after that with the plan the kid will file AOS for her. well that someone just got the green card last year. 

[Crazy Cat 42,215]

"Under the new rules, pregnant applicants will be denied a tourist visa unless they can prove they must come to the U.S. to give birth for medical reasons and they have money to pay for it or have another compelling reason — not just because they want their child to have an American passport."

"The State Department “does not believe that visiting the United States for the primary purpose of obtaining U.S. citizenship for a child, by giving birth in the United States — an activity commonly referred to as ‘birth tourism’ — is a legitimate activity for pleasure or of a recreational nature,” according to the new rules, which were published Thursday in the Federal Register."

Edited March 24, 2021 by Lucky Cat

[nekotakacho 60]

Sorry, I forgot to mention...she has a valid B2 visa

17 minutes ago, SusieQQQ said:

Does she have a visa yet? Trump instituted a rule last year ordering embassies to deny giving visas to women whose purpose was to have birth here.https://travel.state.gov/content/travel/en/News/visas-news/20200123_birth-tourism-update.html  I don’t recall seeing anything about that being rescinded, and I don’t know if CBP were issued specific orders on what to do about these cases at the border. Birth tourism is one of those things that is not illegal (well unless you don’t pay etc) but it is frowned upon.  I don’t know that CBP can deny her entry just on that basis though. She should very definitely be prepared to show proof of funds and a return ticket...and hope there are no complications with the birth.

Yes she has a B2 visa

1 minute ago, Lucky Cat said:

"Under the new rules, pregnant applicants will be denied a tourist visa unless they can prove they must come to the U.S. to give birth for medical reasons and they have money to pay for it or have another compelling reason — not just because they want their child to have an American passport."

"The State Department “does not believe that visiting the United States for the primary purpose of obtaining U.S. citizenship for a child, by giving birth in the United States — an activity commonly referred to as ‘birth tourism’ — is a legitimate activity for pleasure or of a recreational nature,” according to the new rules, which were published Thursday in the Federal Register."

shes not an applicant. she has the B2 visa in her passport and its valid.

[Crazy Cat 42,215]

Just now, nekotakacho said:

Sorry, I forgot to mention...she has a valid B2 visa

Yes she has a B2 visa

What is she going to say when the CBP officer asks "What is the purpose of your visit"?

[nekotakacho 60]

7 minutes ago, Misscloud said:

it is possible if she already got visa. but the issue here, how long she wants to stay in US?  over 6-7 months preggie normally depend on the airlines, they wont let u board the plane especially if the baby bump shows tremendously. so there's still 2-3 months before she giving birth + i dont think she wants to fly immediately after giving birth. and how about healthcare / insurance to pay the bill ? so just my 2 cents. 

 

i knew someone who did this 25 years ago so just her kid can get citizenship by birth and then coming back to her country with the baby after that with the plan the kid will file AOS for her. well that someone just got the green card last year. 

She is 3 months pregnant. She does not have a bump.

Just now, Lucky Cat said:

What is she going to say when the CBP officer asks "What is the purpose of your visit"?

Thats what I am asking....we are open to suggestions.

Edited March 24, 2021 by nekotakacho

[Crazy Cat 42,215]

Just now, nekotakacho said:

She is 3 months pregnant. She does not have a bump.

Thats what I am asking....we are open to suggestions.

She should tell the officer the truth.

[SusieQQQ 11,587]

4 minutes ago, nekotakacho said:

She is 3 months pregnant. She does not have a bump.

Thats what I am asking....we are open to suggestions.

She will almost certainly have a bump by the time she flies, unless she is planning to overstay her visa. 

“Open to suggestions” sounds like “tell us what plausible lies she can use”. She has to tell the truth. I presume she knows any answer she gives CBP at entry is on her record. She might find her trade off for a citizen child is a loss of her own tourist privileges, though yes when the kid is 21 he or she can sponsor her for a green card, assuming that category still exists then.

Edited March 24, 2021 by SusieQQQ

[SusieQQQ 11,587]

12 minutes ago, Lucky Cat said:

"

"The State Department “does not believe that visiting the United States for the primary purpose of obtaining U.S. citizenship for a child, by giving birth in the United States — an activity commonly referred to as ‘birth tourism’ — is a legitimate activity for pleasure or of a recreational nature,” according to the new rules, which were published Thursday in the Federal Register."

One of things I was trying to understand is if this in the CBP guidelines too, because if it is she would probably be refused entry.  Their wording here is very interesting...because it is actually letter of the law. They are saying a tourist visa is for tourism, and this is not defined as tourism. If CBP uses that definition too, she’s out of luck.

Edited March 24, 2021 by SusieQQQ

[nekotakacho 60]

Just now, SusieQQQ said:

One of things I was trying to understand is if this in the CBP guidelines too, because if it is she would probably be refused entry. 

 That is what I am trying to understand. I mean technically she is allowed in as a tourist and can visit up to six months as a tourist. They do not ask if you are pregnant or not upon arrival. Theoretically, she is coming for tourism and happens to be pregnant. I think this is possible. I called CBP and they said it is possible but she needs to have some notes in her file at consulate. The Russian US consulate has been closed over a year now and they do not answer phones, like he was suggesting to me. 

[nekotakacho 60]

8 minutes ago, Lucky Cat said:

She should tell the officer the truth.

anything we tell them is the truth. but which truth comes first is my question. Technically she can enter a tourist even being pregnant. So there's that.

[SusieQQQ 11,587]

Just now, nekotakacho said:

 That is what I am trying to understand. I mean technically she is allowed in as a tourist and can visit up to six months as a tourist. They do not ask if you are pregnant or not upon arrival. Theoretically, she is coming for tourism and happens to be pregnant. I think this is possible. I called CBP and they said it is possible but she needs to have some notes in her file at consulate. The Russian US consulate has been closed over a year now and they do not answer phones, like he was suggesting to me. 

And you will see my edit above to clarify. They have specifically defined the purpose of giving birth as being outside a legitimate tourist visit. 

[igoyougoduke 1,675]

yes she can enter US as a tourist for tourist purpose.  Unless the CBP officer asks about Pregnancy there is no need to volunteer that information. Whether CBP asks about Pregnancy is all up in the air 

Edited March 24, 2021 by igoyougoduke

[SusieQQQ 11,587]

Just now, nekotakacho said:

anything we tell them is the truth. but which truth comes first is my question. Technically she can enter a tourist even being pregnant. So there's that.

nice doublespeak there.

 

CBP aren’t as dense as some people seem to think.