Is the U.S. immigrations strict with foreign tourist who intend to give birth in the U.S.?

Comments

Comments

• It's not discrimination:
  .
  By LAW (emphasis added by me), any person who wants to enter the US legally must state the intended purpose of their visit/stay. If that intended purpose is not in keeping with the type of visa they have been issued, they can be denied entry.
  .
  For example, if the woman in question is 8 months pregnant, says she wants to go to Disneyworld and return to her country in 3 weeks. She must prove to the satisfaction of the inspecting officer that she has residency and solvency outside of the US, and that she plans to depart the US (plane ticket, cruise line passage, etc). A tourist visa allows a maximum of 6 months, so immigration MAY deny her entry based on the suspicion that she'll become a public charge, and/or that she's planning to remain in the US until her due date. The purpose of the tourist visa expressly prohibits her from establishing residency in the US.

  • Report
  

  by Randy D on November 19th, 2009

• yeah, you are totally right. The question does say INTEND. What if you wanted to give birth in America because you had a complicated pregnancy and we had the best doctors? Fully intending to pay for the services and go back home when you were done. I think I'll ask that. Good food for thought Randy!

  • Report
  

  by Kray417 on November 19th, 2009

• Thanks for your supportive comment, Kray.
  .
  You raise some interesting questions. If it's a complicated pregnancy and the intended purpose is stated up front, then she can't enter as a tourist; her class of entry would be different, such as 'humanitarian'. She may request, and immigration may grant or deny, an adjustment of status.
  .
  If it's an emergency, immigration deals with these exact issues every single day, and there are already laws, statutes, regulations, provisions for every eventuality.
  .
  The problem is, by our constitution, a person born on US soil is automatically a US citizen, no US citizen can be denied entry into the US, nor can the government force or compel a US citizen to leave the US. If the baby is born here, what happens when it's time for the mother to depart the US? The US government will not separate them (imagine the media frenzy, public outcry), so it's back to square one. These issues are taken into consideration when deciding to allow/deny entry.

  • Report
  

  by Randy D on November 19th, 2009

Comments