State Department Investigates "Giving Birth in the US": Visas Revoked for Nearly 1,000 People

On June 10, the U.S. Department of State announced via the X platform that it is maintaining the integrity and legitimacy of U.S. citizenship by ending illegal "birth tourism" scams. No foreign national may apply for a tourist visa if their primary purpose is to "obtain U.S. citizenship for their child by giving birth in the United States."

According to disclosures from the State Department, multiple U.S. embassies and consulates in West Africa, Europe, and North Africa have recently uncovered and investigated several cases related to "birth tourism," involving nearly 1,000 individuals. In these cases, some individuals used forged documents and visa agencies to obtain visas. There were also companies specializing in coaching applicants on how to answer questions during interviews, arranging housing in the U.S., and even creating delivery plans.

Currently, consular officers are cooperating with law enforcement agencies to take action globally using data analysis methods to stop this loophole-exploiting behavior and hold those who attempt to deceive the U.S. visa system accountable. The visas of nearly 1,000 individuals involved have been revoked, and some fraudsters have even been permanently banned from traveling to the United States again.

Why the Sudden Retroactive Visa Check?

In fact, this is not a suddenly appearing new policy.

As early as 2020, the U.S. Department of State had already modified the rules regarding B-class visitor visas, explicitly stating: If a consular officer has reason to believe that the applicant's primary purpose for traveling to the U.S. is to give birth in the United States and thereby obtain U.S. citizenship for the child, the applicant's B visa can be denied. However, over the past few years, many families did not have a strong perception of this rule. This time, the State Department has tightened the policy again, and the focus of the review is not just on "people who haven't received their visas yet," but has advanced to "visas that have already been issued."

Which Situations Carry the Highest Risk?

First, concealing the true purpose when applying for a visa. For example, clearly intending to give birth in the U.S. as the primary purpose, but only claiming travel, shopping, or visiting relatives on the DS-160, during the interview, or at the port of entry.

Second, using uniform talking points or false materials provided by agencies. For example, forging employment certificates, financial documents, or travel itineraries, or having an agency teach the applicant how to evade questions from consular officers.

Third, U.S. arrangements that are clearly centered around childbirth. For example, contacting postpartum care centers (confinement centers), renting housing, hospitals, or doctors in advance, where the entry time, length of stay, and due date highly coincide.

Fourth, payment issues after giving birth. For example, unpaid medical bills, using public benefits for which they do not qualify, or leaving behind a large number of unresolved medical expense records.

Will Families Who Have Already Given Birth in the U.S. via a Tourist Visa Be Affected?

Generally speaking, the U.S. citizenship that the child has already obtained will not automatically disappear because the parents' visa purpose is questioned later. However, when the parents themselves renew their visas, apply for green cards, or naturalize in the future, they may be re-questioned about the situation back then: Why did they give birth in the U.S. while holding a tourist/visitor visa? Did they truthfully explain when applying for the visa and entering the country? Was the length of stay back then consistent with what was explained to the visa officer? Once determined to be visa fraud or material misrepresentation, as the consequences are very serious.

In conclusion, those who currently have plans for birth tourism must be cautious. Those who have previously given birth in the U.S. must also be extra prepared when handling various immigration applications.