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Entering the U.S. while pregnant for specific purpose of having a citizen child

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  • Entering the U.S. while pregnant for specific purpose of having a citizen child

    I appreciate the responses that I received in my previous post, but I really don't think people are reading or understanding the question I am asking. I already know that a child born to any mother on U.S. soil is considered a citizen. I already know that there is no visa designed specifically for the purpose of giving birth to a child. What I am asking is whether it is illegal under U.S. immigration law for a woman to enter the United States for the specific purpose of giving birth to a child so that the child will have U.S. citizenship. If so, could someone point me to the provision that prohibits this behavior? I assume such a provision exists if the immigration officer at the POE can deny her entrance. In addition, it would seem that some law or regulation would make it illegal for a clinic to be set up specifically or partially for this purpose, and for doctors to perform births, etc., at the clinic with the knowledge that they are engaging in furthering this illegal act.
    Many thanks for any information.

  • #2
    I appreciate the responses that I received in my previous post, but I really don't think people are reading or understanding the question I am asking. I already know that a child born to any mother on U.S. soil is considered a citizen. I already know that there is no visa designed specifically for the purpose of giving birth to a child. What I am asking is whether it is illegal under U.S. immigration law for a woman to enter the United States for the specific purpose of giving birth to a child so that the child will have U.S. citizenship. If so, could someone point me to the provision that prohibits this behavior? I assume such a provision exists if the immigration officer at the POE can deny her entrance. In addition, it would seem that some law or regulation would make it illegal for a clinic to be set up specifically or partially for this purpose, and for doctors to perform births, etc., at the clinic with the knowledge that they are engaging in furthering this illegal act.
    Many thanks for any information.

    Comment


    • #3
      Immigration can probably detain her for lying about the purpose of her visit if she's coming here on a tourist visa. Giving birth here probably isn't specifically prohibited, but lying about one's intentions is.

      If her specific purpose in coming here is to give birth, then she should put that on her visa application and see what that gets her. Of course, I suppose intending to have a US citizen child could be considered as indicating "immigrant intent" which would be a basis for denying nonimmigrant visas.

      Comment


      • #4
        Hi!

        This may not answer you question but may give you an idea on how this particular immigration offcicer view this case (read story below) when applying for tourist visa.

        A friend of mine told me about her sister-in -law (close to giving birth) who applied for a USA tourist visa. One of the things that the immigration officer said to her during the interview is that.., she might just be going to the USA to give birth to her child. She reasoned that she will be officially visiting her brother & some other relatives for a few weeks & then go to Germany (which is the real plan). They already have airline tickets for their trip to Germany & they have visited the USA before.

        It seems like that the immigration officer knows that some people really intend to to US to give birth...Anyways, this lady while visiting her relatives in the USA gave birth unexpectedly(!)...and when she was ready to travel again, she & her husband and the newborn baby went to Germany.

        Comment


        • #5
          This is well known; many mothers do this in hope to give an easy US citizenship to their child.

          Interestingly, those countries where the military service duty is mandatory, they would do anything to have their children born here so their children do not have to serve.

          At any rate, I recall reading something about this becoming a problem. One, the hospital fees aren't cheap and all they can do is send the medical bills to mothers till they take off back to their country without paying in full.

          Also, some flight carriers won't let pregnant mothers fly without doctor's authorization notes if she is close to giving birth.

          I am not sure if anything will be changed at this time so US soil-born-child would no longer receive the automatic US citizenship.

          But it sure is becoming a problem.

          Comment


          • #6
            Question is not about the citizenship of a child.
            The question how did you obtain the visa, and how did you answer your questions on visa application form 156?
            How did your interview with the Consular Officer, went and who was with you at the time of interview and where did you obtained the visa?
            Inspector at POE has an authority to refused the entry of any person without any reason. He just has to say that I am not satisfied with your answers and I do not allow your entry in to US. If you wish he can request an Immigration Judge to come and talk to you and make his disssion right away "In or Out" that's the end of it.

            I can not understand how did you manage to coverup your boby.
            There are many questions come to mind of a person if he had some experience in the field of visa issuance. Unless it is life and death question or any complications which can not be taken care in the country of origin, then you need a letter from the doctor. and you should have an appointment and registration at the US hospital. there is no visa classification for making babies in US. I hope now you understand how this Immigration Officers at POE works. within the US laws.
            This is a straight case of refusal under sec.214/221

            Comment


            • #7
              So Adam, are you saying that such a provision does or does not exist? I already know that an immigration officer can deny anyone entry at the POE in his discretion. That was not my question.

              Comment


              • #8
                DVod, you're asking a good question, i've not had time to snoop thru USCIS website, have you tried by chance? i'm interested to know, too ... as i sed in your last post i run into many women who have many children born here in the USA, how do they manage???
                good question, ill be peeking in to see what anybody says!

                adam, it's easy to hide the 'lump'! im 7mos along and wear my coat (cool weather), tho i'm really not all that big (big as in the lump, not big as in some fattya55lardo sitting in an office 5/8s a week)
                no one at my work, but the supervisors, knows!

                Comment


                • #9
                  Most often the inspectors could deny some pregnant person entry under 212 A 4 (public charge - insufficent funds for the proposed visit - significant chance that US taxpayers would be shelling out for the birth of a child they did not ask for)

                  Comment


                  • #10
                    What countries citizen you are trying to help to bring into the United States.

                    Since you are asking me a question. Let me give you an honest answer. You claimed that you are a US Citizen, under section 274 Bringing in and harboring certin aliens is a crime.
                    Sec.274C Document Fraud and this case comes under this section of the law, provided person knows how to use this section.
                    Document fraud: Misreprentaion of information on NIV application.

                    Comment


                    • #11
                      Adam, not only am I a U.S. citzen, I have been a staunch immigration restrictionist activist for six or seven years. Please check your biases before bording.

                      Comment

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