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Planning a US trip to give birth for citizenship? Think again. The US embassy warns tourist visas could be denied if the real intent is ‘birth tourism,’ as the Supreme Court weighs a historic challenge to birth right citizenship.
No visa if purpose is childbirth for citizenship
New Delhi: The United States has issued a firm reminder that tourist visas will be denied if consular officers believe the primary purpose of travel is to give birth in the US to secure automatic citizenship for the newborn. The warning, aimed at curbing so‑called “birth tourism,” was shared by the US Embassy in India on X on Thursday.
“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,” the embassy wrote.
The clarification comes amid heightened scrutiny of visa applications globally, particularly from countries like India, which are among the largest sources of US visitors and immigrant aspirants. Under current US immigration regulations, officials may refuse a visitor visa if they suspect the applicant’s chief intent is childbirth for citizenship, rather than genuine tourism or temporary travel.
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Legal experts note that applicants must prove legitimate reasons for travel, including medical need and financial capacity to cover all birth‑related expenses, if questioned about pregnancy during the visa process. Misrepresenting the purpose of travel can constitute visa fraud.
The US government has repeatedly emphasised that using a temporary visa to obtain citizenship for a child constitutes an abuse of the immigration system and is not tolerated. Similar warnings have been issued previously in other countries, including Nigeria, where the US Mission cautioned that visas would be refused if birth tourism was suspected.
The visa advisory comes against the backdrop of an ongoing constitutional debate in the United States about birthright citizenship under the 14th Amendment. In January, President Donald Trump signed an executive order aimed at ending automatic citizenship for children born on US soil to parents who are in the country unlawfully or temporarily.
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That order a central piece of Trump’s immigration policy in his second term is now before the US Supreme Court, which has agreed to hear arguments on its legality. A decision is anticipated in the first half of 2026.
Supporters of the policy argue it closes a perceived loophole exploited for birth tourism, while critics maintain that birthright citizenship is a long‑held constitutional guarantee. The debate signals deeper tensions in US immigration policy as authorities tighten visa and citizenship rules.
