Tourist visa in the USA and the bill that targets those who travel to have a child in the U.S.

Tourist visa in the USA and the bill targeting those who travel to have a child in the U.S. The proposal seeks to incorporate a restriction adopted by the Department of State (DOS) in 2020 into federal legislation - 4 minutes reading time The Birth Tourism Elimination Act, introduced by Senator Tim Scott, seeks to make law the restrictions on birth tourism and expand controls over those who use temporary visas, such as the B-2, to enter the United States for that purpose. The initiative also contemplates measures against companies that organize and commercialize this type of travel. What would happen to the B-2 visa for tourists The bill does not propose to modify birthright citizenship rules. Its focus is on the conditions for entry into the North American country and the commercial activities that, according to its proponents, use temporary immigration programs to organize these trips. “American citizenship is not for sale, and foreigners have no right to buy it for their children,” Scott said in a statement. - “We are fortunate to live in the best nation in the world, and my bill makes it clear that our temporary travel programs cannot be exploited to obtain U.S. citizenship,” he noted. - One of the central points of the bill establishes that a person could be considered inadmissible if they apply for entry with a B-2 visa and the principal purpose of their trip is to give birth to obtain U.S. citizenship for their child. - The initiative also sets forth a presumption when the consular officer considers that the applicant could give birth during their stay in the North American country. This presumption could be challenged by the applicant if they demonstrate that there is another principal and legitimate reason for their travel. In this way, the bill differentiates between travel whose main objective is to obtain citizenship for the minor and those pregnancies or births that occur during a stay for other reasons. The exceptions contemplated by the bill The restrictions would not apply in the same way to those who are legally in the U.S. for employment, study, or other authorized activities and whose birth is an incidental circumstance of that stay. - Exceptions are also contemplated when the biological father or mother of the minor is a U.S. citizen, permanent resident, refugee, or asylum seeker. - The legal text also extends the limitations to persons who intend to use the Visa Waiver Program or ESTA to enter the U.S. with the principal purpose of birth tourism. - Temporary permission for humanitarian reasons also cannot be used for that purpose. In terms of controls, consular and Customs and Border Protection (CBP) officials could deny entry when there is reasonable suspicion. The bill also contemplates referrals for secondary inspection and the possibility of expedited deportation procedures. Up to 15 years in prison for those who facilitate birth tourism One part of the initiative is directed at companies and individuals who obtain economic benefits by organizing these trips. The bill proposes criminal penalties of up to 15 years in prison for those who, with knowledge, facilitate, sponsor, organize, advertise, or profit from birth tourism. This proposal arises after federal investigations into commercial networks that offered packages to foreign citizens. Among the cases mentioned by Senator Scott is a company that, according to the background included in his proposal, served more than 500 Chinese clients, operated with 20 departments in California, and offered services for between US$40,000 and US$80,000. The initiative also comes after the measures announced by Secretary of State Marco Rubio on September 23 against commercial networks dedicated to this activity. The policy pursued seeks to reach operators, owners, and administrators of these organizations, as well as those who help falsify information during immigration procedures. According to Rubio, certain foreign medical providers who consciously cooperate with these schemes and situations related to the fraudulent use of public funds, such as Medicaid, are also contemplated. Furthermore, persons related by family to those responsible for these networks could be subject to visa restrictions.