At the United States consulate, a 26-year-old woman from Mumbai had her B2 visa application denied after a brief interview—an outcome that reflects how strict the Trump administration has become on short-term visitor permits. The applicant, a technical staff member who is single, had wanted to travel to the US over her company’s year-end holiday.
What B visas cover
The B-1/B-2 category allows foreign nationals to enter the US temporarily for tourism (B-2), business (B-1), or a combination of both. Such visas often cover short visits of up to 180 days and remain valid for up to 10 years from the date of issue.
According to the Mumbai applicant, the visa officer asked only a handful of questions—her employment, income, and purpose of travel. She told the officer she earned 16 lakh per annum and that she planned a holiday while also visiting a friend in the US who works as a Principal Business Analyst in IT.
“You are not eligible,” the officer said, before closing the interview. No further explanation or request for supporting documents was given, leaving the applicant uncertain about the reason for refusal. ALSO READ: No H-1B visa or OPT? 78% Indians student will give up plans to study in the US
Online reactions to the refusal
The case stirred debate online, with many users speculating on the reasons behind the denial. One wrote: “Unmarried woman in tech with low salary.” Another suggested the explanation was incomplete: “Purpose of visit: Better answer: I will be a tourist and have a full itinerary planned and hotels booked with return airfare. What do you do: I am a full-time employee. US contact: Name of the first hotel you will stay at.”
Others suggested the consular officer may have assumed the applicant’s single status and her US-based friend made her a potential risk to stay beyond her visa.
Concerns over young women applicants
Discussions have also extended to whether unmarried young women face a tougher time during interviews. The concern comes after US embassies last month warned foreign nationals that visas could be cancelled if officials suspect the trip is primarily to give birth in America.
“Using your visa to travel for the primary purpose of giving birth in the United States so that your child will have US citizenship is not permitted,” said the US Mission to Nigeria in a post on social media. “Consular officers will deny your visa application if they have reason to believe this is your intent.”
Lawyers say such warnings add pressure on women applicants, particularly those who are pregnant or of child-bearing age.
“The US Department of State has long applied a discretionary standard under Section 214(b) of the Immigration and Nationality Act, which requires nonimmigrant visa applicants to overcome a presumption of immigrant intent,” said Adesh Nandal, advocate at Jotwani Associates.
“Now, officers are being told to watch for signs that the applicant’s real reason is to give birth in the US so the child can get citizenship,” he told Business Standard. “Pregnancy may not just be seen as a medical condition anymore—it could be viewed as a red flag for so-called birth tourism.”
Ketan Mukhija, senior partner at Burgeon Law, told Business Standard: “Consular officers may deny B-1/B-2 visas if they determine that the applicant’s primary intent is to give birth in the US to secure citizenship for the child. This places an elevated burden on pregnant applicants to show a clear, legitimate reason for travel.”
Risk of profiling
Experts warn that this policy does not only affect pregnant women.
“Legitimate travellers—such as women attending conferences, family gatherings, or simply on holiday—may be denied visas if their pregnancy draws suspicion,” Nandal said. “The warning introduces the risk of profiling based on gender, age, and reproductive capacity.”
He added: “A young woman travelling alone, recently married, or with limited travel history may be seen as a potential birth tourist based solely on demographic assumptions. Such profiling, though legally questionable, is hard to challenge because of the doctrine of consular non-reviewability.”
Birth tourism refers to travelling to the US to give birth so that the baby acquires automatic American citizenship under the 14th Amendment of the US Constitution.
Red flags consular officers watch for
Nandal said officers are trained to look for patterns that suggest birth tourism. Common warning signs include:
• Visible pregnancy without medical explanation
• Lack of insurance or plan for maternity care
• Vague or inconsistent travel details
• Travel dates close to the due date without clear justification
• Discrepancies between the visa form and interview answers
• Previous visits to the US during pregnancy or before childbirth
“These signals may not prove anything on their own,” he explained, “but taken together, they can lead an officer to reject the application.”
No right of appeal
But ultimately, no matter what the reason is, visa denials under Section 214(b) cannot be appealed in court.
“Red flags like vague travel plans, late-pregnancy travel, or weak home country ties can result in rejection,” Mukhija said. “There is no appeal process. The only option is to reapply with new, stronger evidence of a valid reason to travel.”
Wider review of visa holders
Meanwhile, the United States Department of State confirmed last week that it is reviewing the records of more than 55 million foreigners holding valid US visas.
“In line with our policies, all visa holders are subject to continuous vetting,” the department said in a response to the Associated Press. “We review all available information as part of our vetting, including law enforcement or immigration records or any other information that comes to light after visa issuance indicating a potential ineligibility.”
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