Can a pregnant woman go to US to give a birth under B2 visa

[costa]

Hi,

I am wondering and confusing in a common issue when I read a news that many women from Korea, Hong Kong, or China like to go to USA to give a birth. Surely they want their baby to get US citizenship as they think if can allow their baby to have a greater oppoptunities to study/work/or even migrate in the US in the future.

So, can a pregnant womant to apply B1/B2 visa and say she want to give a birth in US? Is it a legally acceptable reason fall into B1/B2 category?

And the same issue, can a pregnant woman by holding B1/B2 visa to claim she want to give a birth in the US when arrive and being asked at the US custom? Supposedly the applicant is quite rich, with strong connection with home country, no close relatives living in the US.

I wonder how US immigration law treat such issue?

In my personal opinion, as the purpose of medical care is allowed under B1/B2, I think its legal that the woman can enter the US for better medical care of child-birth purpose if she make the officer believe that she is unlikely to stay in the USA for long-term and have sufficient fund to support the purpose.

This just my guess based on personal limited knowledge.
It would be great if someone can provide more information on this query.

Thanks,

[Marco 72]

It's no problem, lots of people do it all the time. However, if the applicant is "quite rich", maybe she should think twice about the implications of this in the long term. The US is one of a very small number of countries that tax their citizens wherever they live. If the child chooses not to live in the US, then he may still have to pay lots of money in taxes to the Federal Government. Renouncing his US citizenship could be difficult and expensive. See here. Maybe Canada would be a better option...

[JAJ]

It's no problem, lots of people do it all the time. However, if the applicant is "quite rich", maybe she should think twice about the implications of this in the long term.

And if not "quite rich" then the cost of US healthcare ought to come into consideration.

I would think a B2 applicant who declared an intention like this would be refused.

Also, pregnant women usually can't fly in the last few months.

[Marco 72]

I would think a B2 applicant who declared an intention like this would be refused.

Yes, that would be a strong possibility even though it's a legitimate use of the B2 visa. She should just say she's going there "on holiday" for a few months. If she has plenty of money, getting a B2 will be no problem.

When I flew to the US to get married a few years ago I didn't tell the immigration officer about my marriage plans, even though it was a perfectly legitimate use of the VWP. If I'd mentioned I was going to marry a US citizen a few days later he'd have suspected immigration intent and very probably I would have been refused entry. Since I had no intention to emigrate, I decided my wedding was none of his business.

[costa]

Thanks mates.

So, as I said above, giving a birth is likely a legitimate intention under B2. However, as it highly involve the cost of medical care, obviously the threshold will be higher than people with normal tourism purpose. That is, unless the applicant can show evidence that the expected cost on child-birth can be sufficiently afforded and no intention to stay in the US for long term, otherwise, the visa application may be turned down even the intention is ok uner B2 category.

I will say the US immigration officer sometimes have too much discretion power to judge the visitor's true intention, and accordingly people sometimes are rather than say the true thing to avoid unnecessary misunderstanding. Marco72 provide a ideal example.

Anyway, for those people (under B2 visa) plan to give a birth in the US, they are actually very unlikely to overstay in the US as it will become more difficult to work and live in the US after the baby is delivered. I think that's why US immigration officer sometimes just let them pass (particularly for those countries with low overstay record) without asking too much even they are not too difficulty to be spoted.

Cheers,