New Birth Tourism Visa Rule Is Pregnant With Problems

Law360 (January 29, 2020, 5:36 PM EST) -- Last Thursday, the U.S. Department of State published a final rule amending its B visitor visa regulations to expressly eliminate coming to the United States "for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States" as a legitimate purpose for obtaining a B visa.

This regulation may succeed in scoring political points with some critics of the current system. So-called birth tourism — coming to the U.S. to give birth in order to confer U.S. citizenship on the child — and birthright citizenship have been pet issues of anti-immigration advocates for some time. The...

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