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The State Department plans to publish a regulation tomorrow that targets “birth tourism” by foreign visitors seeking to confer U.S. citizenship on their child by giving birth while visiting the U.S. A prepublication version of the rule was published today.
Key points:
BAL Analysis: U.S. consular officers already have wide latitude to deny applications for visitor visas, and the regulation signals greater scrutiny on new applicants for visitor visas. Although the State Department is issuing this rule without a companion regulation from the Department of Homeland Security, travelers should note that Customs and Border Protection officers at land borders and airports (who fall under DHS) may also increase their scrutiny of pregnant women entering the U.S. on visitor visas.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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