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Some friends of mine would like their baby to be born in the US, so that their child can obtain US citizenship upon birth. They both have a valid B1/B2 visa and have traveled to the US before. They will pre-arrange a contract with a hospital and buy medical insurance, so they won't rely on free emergency care or otherwise use up American budget funds.

Would it be legal for them to travel to the US explicitly for the purpose of giving birth? If not, what visa should the mother apply for?

There are obviously other issues such as whether or not airlines will agree to transport the mother during late pregnancy, but that's out of the scope of the question.

JonathanReez
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1 Answers1

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Yes, it is legal. The issue is merely one of medical costs and who pays for them but:

The B-2 Tourist Visa is a non-immigrant visa meant for persons entering the U.S. for pleasure or medical treatment.

Or from the US Department of State:

Tourism and Visit (B-2):

  • tourism
  • vacation (holiday)
  • visit with friends or relatives
  • medical treatment
  • participation in social events hosted by fraternal, social, or service organizations
  • participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
  • enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

My emboldening.

pnuts
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