"B" Visitor Visa Rule Amended To Combat Administration's Concern Over "Birth Tourism"

On Friday, January 24, 2020, the US Department of State published a final rule that amends part of the regulations governing the issuance of "B" visitor visas.  This regulatory amendment now establishes a rebuttable presumption that an applicant for a "B" visitor visa, who a consular officer believes will give birth during her visit to the US, is applying for the visa and traveling to the US for the primary purpose of securing US citizenship for the child.  The applicant may then be able to overcome this presumption; otherwise, the regulation requires consular officers to deny the "B" visa application.  This rule became effective on the date of publication—January 24, 2020.

So-called "birth tourism" has been a politicized phrase for many years.  Those who use it claim foreign national women travel to the US during their pregnancy to give birth to their child in the U.S.  Under the 14th amendment, any child born on US soil is automatically a U.S. citizen regardless