Constant visitor visa rejection after having baby in US

[Kingmoves 6]

On 7/13/2021 at 3:13 AM, Paul & Mary said:

Her nationality can have a lot to do with it.  If it is Nigeria, or another high fraud country, it is too bad she didn't renew with the dropbox. Did she have many visits prior to the visa expiring?  Does she have significant travel history, requiring visas, in her passport?   It does sound like she is appearing to be an overstay risk to the consulate.   She should wait a significant amount of time before trying to renew again.

Thank you. Drop box has been centered in Nigeria. She does have a significant travel history. I think she may have been black listed 

[SusieQQQ 11,586]

3 hours ago, Kingmoves said:

Hello,

 

Most well off Nigerians have family in the US or UK. So most times go to America to have their kid’s because of the good health care system as well as proximity to close family. 

Well clearly it hasn’t worked out for her, seems she won’t be visiting this family again any time soon … and if “most” do it with no repercussions then clearly she did something wrong or at least suspicious to the US authorities. 

[Rocio0010 5,579]

Op, does your friend know that there are plenty of countries in Europe that have a good health care system? Or not even in Europe, In South America too! So if the true reason for her to have the baby in here is because of the good healthcare, then why not try other countries that might be even better? I know you said your friend has family here that can help, but how about (say) she had family in Cuba, too? Cuba has one of the best healthcare systems in the world. I hope you see where I’m getting at.

Also, how was she denied? At the border? At the embassy? Most of the times the officers tell you a reason for the denial and in most tourist visas that I have seen denied is because of the lack of ties to their home country. So maybe your “friend” could work on that before trying again. And also, maybe your “friend” lied to the officers when she visited to have the baby and she didn’t say the real reason of her visit.

Have your “friend” create an account here for herself, with a timeline, explain herself better, and maybe we can help her.

[SusieQQQ 11,586]

17 minutes ago, ra0010 said:

Op, does your friend know that there are plenty of countries in Europe that have a good health care system? Or not even in Europe, In South America too!

They don’t even need to leave the continent. The private health care system in South Africa is world class and a fraction of the cost of the US even after a 75% discount in the US ($1000-$2000 for birth and 3-4 days in hospital depending on natural or caesar.) Of course it’s in the midst of a Covid wave and I wouldn’t go there right now to have a baby but in general, it seems the more logical option. 

[SusieQQQ 11,586]

24 minutes ago, ra0010 said:

and maybe we can help her.

Doubt it - multiple refusals usually means it’s not going to get better any time soon. 

[Rocio0010 5,579]

1 hour ago, SusieQQQ said:

Doubt it - multiple refusals usually means it’s not going to get better any time soon. 

It’s close to the weekend and I was feeling hopeful 😂

[Thomas Cruise 0]

You are not alone. This has been happening a lot since the new rule regarding "birthing tourism" was added in January 2020. There are countless people who have given birth in the US who are being refused further visas. Even though the rules pertain to applications of visas subsequent to the rule, but as with most immigration rules, consular officers have a large leverage to presume and suspect things and onus to prove otherwise in on the applicant. Again, even though the onus to prove non-immigrant intent is on the applicant, in real life they don't get much opportunity to do that except for answer a couple of questions by the consular officer.

 

The rule basically excludes "giving birth in the US" as a valid reason to visit the US on a "tourist visa", ie, the term "pleasure" in the phrase "business and pleasure" does not include giving birth. The applicant must produce ample evidence of a medical requirement to use medical facilities in the US having them prearranged with the medical facility in the US and also the ability to show that the applicant can afford.

 

The rule doesn't say anything about people who have been issued a visa before but talks about people using birthing tourism to gain US citizenship and also about organized birthing tourism operators. The rule basically sets the rhetoric that birthing tourism will not be tolerated. And past behaviour is used a  lot to predict future behaviour by the visa officers. So this has been happening a lot now.

 

Here is the link to the document:

 

https://www.federalregister.gov/documents/2020/01/24/2020-01218/visas-temporary-visitors-for-business-or-pleasure

Edited July 23, 2021 by Thomas Cruise