The consular officers will be in charge of determining if a woman who is close to giving birth can obtain a nonimmigrant visa or not , according to the regulations published by the Government of Donald Trump on Thursday to stop the so-called maternity tourism .
According to the new regulations, announced by the State Department, consular offices may deny a visa to any foreigner if they believe that their main purpose of travel is to give birth in the United States.
“Allowing tourists who come for a short time, and who do not have demonstrable ties with the United States, to obtain a visa with the objective that their newborn child obtains US citizenship creates, in the long term, a potential vulnerability of the national security , ”says the document.
According to the Government, maternity tourism is associated with criminal activities and with an industry that "is a source of fraud." The text cites as an example a recent federal indictment against 19 people who were profiting from offering trips to families for their children to be born in the United States. "It is a widespread immigration fraud, which includes money laundering and deception," says the document.
As established by the Constitution, by the sole fact of being born in the United States, a child receives citizenship automatically. “Adult citizens have numerous rights and benefits, including the right to vote, the possibility of holding public office or serving as a jury,” the document explains. In addition, when they turn 21 they can request that their relatives migrate to the United States.
The new regulation " will not affect the acquisition of citizenship to those born in the United States , which grants amendment 14 of the Constitution." This despite the fact that Trump has said he is seriously examining the possibility of ending the right to citizenship by birth, which he considers "frankly ridiculous."
It is also specified that this new restriction will only apply for the delivery of type B1 / B2 visas , which is the visa requested by the vast majority of nonimmigrants, "and the one that is typically used for childbirth tourism."
The US authorities do not keep a record of women who arrive in the country every year to give birth to children who will automatically have citizenship, but a conservative organization that seeks to restrict immigration, the Center for Immigration Studies, estimated the number of Babies born to foreigners who were visiting about 33,000 a year.
Reasons to refute the opinion of consular officers
The sole presumption of a consular officer regarding the intentions of the visa applicant will determine whether a visa is approved or rejected. In the case of the new rule, if it is presumed that the initial purpose of traveling to the United States is to give birth, the interviewers will now have the legal support to deny the visa.
However, there are options to refute that presumption , if the applicant manages to establish "to the satisfaction of the consular officer" that his objective is different. The text gives some examples.
"If an applicant comes from a part of Mexico where there are no adequate medical facilities for a delivery and for that reason he arranges a birth plan in the United States, in that case the presumption of the officer can be refuted," he says.
Another reason to change the opinion of the officer is the need for specialized medical care in complex births that can only be obtained in an American hospital.
It is also accepted that the main reason for the applicant is to visit a relative in the United States who is close to death. That justification, which the text should say, is put forward as a reason for the possibility of childbirth occurring during that visit.
Visitors seeking medical attention may also be affected
The Department of State also included among the new rules the denial of the type B visa to those whose travel objective is to have medical treatment in the United States.
If the applicant does not prove “a legitimate reason” for which he wishes to have a treatment in that country, the consulate officer may refuse his visa. But in addition, you must show that you have the agreement of a health institution to perform such treatment, and you have to provide information about the duration and costs of it.
"The applicant must also establish to the satisfaction of the consular officer that he can and intends to pay for the treatment and all its associated costs, such as transportation and maintenance costs," the document adds.
If the answers to the officer's questions are not credible, "this may lead to other questions being asked to know their intentions to get involved in other activities not allowed," explains the Government in the text.