US warns Indians on birth tourism: Will pregnant women be denied visa?

US Embassy says travel to give birth for citizenship will lead to visa refusal, but lawyers say pregnancy alone is not a bar

The US Embassy in New Delhi last week issued a warning to Indian applicants seeking tourist visas, saying that travel to the United States solely to give birth and secure citizenship for a child will lead to an immediate visa refusal. The practice, commonly referred to as birth tourism, is not permitted under US visitor visa rules.

 

The Embassy said consular officers will closely examine applications to ensure the primary purpose of travel is genuine tourism and not citizenship acquisition.

 

“US consular officers will deny tourist visa applications if they believe the primary purpose of travel is to give birth in the United States to obtain US citizenship for the child. This is not permitted,” the Embassy said.

 

The advisory has raised concerns among applicants, particularly women, at a time when US visitor visas already involve long interview wait times, intensive background checks and wide discretion for consular officers.

 

Does this mean pregnant women will face automatic rejection?

 

According to Palak Gupta, advocate at Jotwani Associates, the answer is no.

 

“The warning does not translate into a blanket restriction on pregnant women, young couples, or newly married applicants. Rather, it reinforces an existing legal principle: a B-1/B-2 visitor visa cannot be used for the primary purpose of travelling to the United States to give birth in order to secure US citizenship for the child,” Gupta told Business Standard.

 

She said pregnancy or marital status is not a ground for visa refusal under US law.

 

“From a legal standpoint, US consular officers are required under the Immigration and Nationality Act to determine whether an applicant has demonstrated a legitimate temporary purpose of travel and sufficiently strong ties to their home country to ensure return. Pregnancy, marital status, or age are not statutory grounds of ineligibility,” Gupta said.

 

Will the advisory lead to closer scrutiny?

 

While the rule itself is not new, Gupta said the advisory could increase scrutiny for certain applicants if officers suspect a mismatch between stated travel plans and intent.

 

“If an officer perceives that the applicant intends to give birth in the US without full disclosure or without showing ability to pay the associated medical costs, it may raise concerns of misrepresentation, public-charge liability, or intent inconsistent with the visa class,” she said.

 

In practice, this could mean the following:

 

• Pregnant applicants are not barred, but they may face additional questions about travel plans and financial ability to cover medical costs.

• Newly married couples are not singled out unless the officer believes the trip is structured specifically around childbirth in the US.

• Proof of strong ties such as employment, family responsibilities, financial commitments and past travel compliance remains central to visa decisions.

 

What do B-1 and B-2 visas allow?

 

The B-1 visa is issued for business travel, while the B-2 visa is meant for tourism. Both are temporary visitor visas.

 

They allow travel for holidays, visiting friends or relatives, short-term medical treatment, or business meetings. They do not permit long-term residence or employment in the United States.

 

What is birth tourism?

 

Birth tourism refers to travelling to the United States with the intention of giving birth so that the child automatically acquires US citizenship.

 

Under the 14th Amendment to the US Constitution, anyone born on American soil is a US citizen, regardless of the parents’ immigration status.

 

The issue has drawn political attention in recent years. During his first term, former President Donald Trump repeatedly criticised the practice.

 

In January 2020, the White House said, “The administration is taking action to end ‘birth tourism’ – a practice in which aliens travel to the United States with the purpose of giving birth to gain citizenship for their children.”

 

The statement alleged that organised networks were helping women exploit what it described as a loophole in citizenship law.

 

What is the legal battle over birthright citizenship?

 

After returning to office, Trump signed an executive order on January 20, 2025, seeking to end birthright citizenship. The move has since faced court challenges.

 

Federal judges in multiple states have blocked the order, including US District Judge Leo Sorokin in Massachusetts.

 

“American-born babies are American, just as they have been at every other time in our Nation’s history,” said New Jersey Attorney General Matthew Platkin, who joined the legal challenge. “The President cannot change that legal rule with the stroke of a pen.”

 

The US Supreme Court last week agreed to hear a case on whether certain children born in the United States have a constitutional right to citizenship. No date has been fixed for the hearings, and a final decision is still months away.