Applicants will be denied tourist visa if the consulor officers determine that the prime motive is to give birth so that their child can attain citizenship as per the rules in the Federal Register.
Although, it is a great task to handle, proving that they are travelling to the US because they have a medical need and not just because they want to give birth there. Those with medical needs will be treated like other foreigners coming to the country for medical treatment, and they have money to pay for it encompassing living and transportation expenses.
Although, the practice to travel US to give birth is legal, certain cases of visa fraud or tax evasion following the arrest of operators of birth tourism. Women are often found honest about their intentions while applying for visas and even show signed contracts with doctors and hospitals.
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The State Department " does not believe that visiting the United States for the primary purpose of obtaining US 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, effective Friday onwards.
President Donald Trump's administration has been restricting all forms of immigartion, but Trump has been particularly plagued by the issue of birthright citizenship-anyone born in the US is considered a citizen, under the Constitution.
Despite the scholars and members of his administration have said the task is not that easy to complete, the President has taken firm decision against the practice and threatened to terminate it.
Regulating tourist visas for pregnant women is one way to get at the issue, but it gives birth to queries about how officers would find out whether a woman is pregnant to begin with and whether a woman could get turned away by border officers who suspect she may be just by looking at her.
Consular offices do not extend a right to ask a woman is she is pregnant or just pretending to be so. But they would still have to determine whether a visa applicant would be coming to the US primarily to give birth.
Birth tourism is a handsome business in both the US and abroad. Companies take out advertisements and charge up-to $80,000 to facilitate the practice, offering hotel rooms and medical care. Many of the women travel from Russia and China to give birh in the US. Since before Trump took charge at office, US has been cracking down on the practice.
" An entire 'birth tourism' industry has evolved to assist pregnant women from other countries to come to the United States to obtain US citizenshhip for their children by giving birth in the United States, and thereby entitle their children to the benefits of US citizenship," according to the State Department rules.
There are no figures on how many foreign women travel to the US specifically to give birth. The Center for Immigartion Studies, a group that advocates for stricter immigartion laws, estimated that in 2012 about 36,000 foreign-born women gave birth in the US and then left the country.
As per norms, " This rule will help eradicate the criminal activity associated with the birth tourism industry. The recent federal indictments describe birth tourism schemes in foreign nationals applied for visitor visas to come to the United States and lied to consular officers about the duration of their trips, where they would stay, and their purpose of travel."