Author：David Enterline（Senior Legal Consultant to HW Wealth Succession Family Office / American Immigration Lawyer）

Following the Department of State amended regulations addressing birth tourism in January 2020, questions continue to be raised whether a pregnant woman may travel to the U.S. on a valid B-1/B-2 Visitor Visa for the sole purpose of giving birth regardless of whether she was issued the B-1/B-2 Visitor Visa prior to the new regulations taking effect or afterwards. While there are no specific regulations prohibiting pregnant women with valid B-1/B-2 Visitor Visas from entering the United States, such entry is at the discretion of the admitting U.S. Customs and Border Protection (“CBP”) Officer at the Port of Entry (“POE”). If the CBP officer determines that you are entering for the primary purpose of giving birth in the United States to obtain U.S. citizenship for your child, you may be denied entry. Moreover, if the CBP officer determines that you are likely to become a public charge, meaning that you will not be able to afford medical care because of either insufficient funds or lacking health insurance and would have to rely on public assistance, you may be denied entry....