Travelling to give birth for citizenship? US says tourist visa will be denied

The United States has issued a firm reminder to Indian travellers that using a tourist visa to give birth in the country, solely to secure American citizenship for a newborn, will lead to immediate visa refusal.

In a public advisory, the US Embassy said consular officers are authorised to deny B-1/B-2 applications if they believe the purpose of travel is childbirth for citizenship. The mission described the practice, widely referred to as “birth tourism,” as a misuse of the visitor category and stressed that it is not allowed under US immigration rules.

U.S. 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 U.S. citizenship for the child. This is not permitted. pic.twitter.com/Xyq4lkK6V8

— U.S. Embassy India (@USAndIndia) December 11, 2025

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The clarification echoes a regulation first introduced in 2020, which empowered officers to make determinations based on the applicant’s stated purpose, travel plans, and circumstances. The US government has long argued that such travel places an undue burden on public systems, including medical facilities that may absorb unreimbursed costs.

The latest message comes at a time when Washington is tightening screening protocols across multiple visa classes. From December 15, the Department of State will require H-1B professionals and H-4 dependents to provide access to their online accounts as part of expanded digital-footprint verification. Similar checks have already been built into the vetting process for student and exchange-visitor categories.

The stepped-up scrutiny has created unease among Indian applicants, who make up the majority of H-1B beneficiaries and nearly all H-4 employment authorisation holders. Many fear that additional layers of review could lead to slower processing or unexpected denials.

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Amid this shift, the US Embassy has also rearranged a significant number of interview appointments for work-visa applicants, pushing some slots as far as mid-2026. It has instructed applicants to appear only on the newly issued dates, warning that arriving on earlier, cancelled appointments will result in being turned away.

A separate notice in the US Federal Register indicates further changes for travellers entering under the Visa Waiver Programme. US Customs and Border Protection has proposed collecting up to five years of social-media history from citizens of the 40 participating countries to support pre-departure risk assessments.

While the Department of Homeland Security maintains that the measures are standard security procedures intended to validate travel intent, critics argue that deepening digital surveillance could deter free expression and disproportionately affect those who voice political opinions online.

The embassy reiterated that the upcoming online-presence checks for work-visa categories aim solely to ensure applicants comply with the activities permitted under their respective visas.