Having a baby in the United States as a tourist (2024)

Many couples enter the United States with the intention that their baby be born on American soil and thus be able to obtain immigration benefits.

If this is your family’s idea… keep reading to find out the positives and negatives of that strategy.

Traveling with a Tourist Visa while pregnant

Those who enter with a tourist visa B1 / B2, laser visa or without a visa (under the Visa Waiver Program) should take into account the pros and cons of their child being born in the United States.

The government has called this plan “baby tourism” that parents often want to carry out.

Starting in January 2020, immigration officers can deny tourist visas to pregnant women suspected of entering the United States with the sole purpose of giving birth in this country.

During the appointment, women must demonstrate different types of tests or evidence of the reasons why they want to travel.

Having a baby in the United States as a tourist (1)

Every baby born in the United States is automatically an American citizen, except for the children of diplomats who are in the United States exercising that function. In this type of specific exception, children acquire the nationality of their parents.

Once the children are born, the birth certificate is processed and with this document, they can obtain an American passport. Children born on American soil will continue to be American citizens for life, unless they carry out some action that as a punishment results in the loss of their nationality, regardless of whether, soon after being born, they emigrate to another country.

When the child is born in the United States, parents often think that children can petition for them at any time, but this is not the case. American citizens can petition for their parents only after they turn 21 years of age.

I invite you to read our article about how to extend your tourist visa if you have not read it! Here

It is not easy for a tourist to obtain health insurance in the United States or purchase insurance that covers all medical expenses. Therefore, parents must bear some of the medical expenses that the mother and baby may need.

What happens to medical expenses in the United States?

So that you can have an idea about the medical expenses that you may have, we leave you the data obtained from the “International Federation of Health Plan” where they highlight that a natural delivery (without complications), can cost around $ 11,000 dollars. While for a cesarean section, the approximate cost is $ 52,000. Costs can vary depending on which state in the United States you give birth into, if multiple births exist, premature babies, or complications.

In the event that the parents do not have the money to pay the medical expenses, a social worker is present to have Medicaid cover those expenses. Medicaid is government insurance that covers the medical expenses of low-income American citizens and certain foreigners.

What then are the consequences of not paying medical expenses?

Without prior notice, both parent’s visas could get canceled or revoked.

Sometimes, it happens that parents go to the United States embassy in their country to renew the visa and by doing this they are automatically denied. Parents who enter with a laser visa or without a visa may also lose this benefit.

I hope you liked this information and it has been of value! We invite you to visit our page at Vargas Law Group

Having a baby in the United States as a tourist (2024)

FAQs

What happens if a tourist gives birth in the USA? ›

Giving birth in the U.S. on a tourist visa does not automatically grant you the right to stay in the country based on the birth of your child. Your visa status remains unchanged and you will be typically expected to leave the U.S. before your visa expires.

What happens if a foreigner has a baby in the USA? ›

Every baby born in the United States is automatically an American citizen, except for the children of diplomats who are in the United States exercising that function. In this type of specific exception, children acquire the nationality of their parents.

How much does it cost to give birth in the US as a tourist? ›

The prices are steep

The average price for a baby delivery package here is $35,000. This includes processing documents, transfer, accommodation for 3-4 months, medical care before, during, and after the birth for both mom and the newborn. Should anything go wrong, this price will fly even higher.

Do babies born in USA get citizenship? ›

Amendment XIV, Section 1, Clause 1 of the U.S. Constitution directs that all persons born in the United States are U.S. citizens. This is the case regardless of the tax or immigration status of a person's parents.

Can I get a Green Card if my baby was born in the US? ›

Parents of a child born in the USA can apply for a Green Card if their child is 21 years old or over and they plan to live in the USA on a permanent basis. If they spend the majority of their time overseas then they could be refused a Green Card.

Can I live in USA if my child is born in USA? ›

Birthright citizenship does not automatically grant legal status to the parents. The child's birth in the U.S. does not change the immigration status of the parents, and they may still be subject to deportation if they are in the country without authorization.

Is a child born in the U.S. automatically a U.S. citizen? ›

Pursuant to the Fourteenth Amendment and the Immigration and Nationality Act a person born within and subject to the jurisdiction of the United States automatically acquires U.S. citizenship, known as jus soli ("right of the soil").

What benefits do you receive when you have a baby in the USA? ›

Here are just some of the things parents may be able to receive:
  • Additional medical coverage for you and/or your child.
  • Financial and housing assistance.
  • Help buying nutritious food.
  • Workplace protections, including family leave and breaks for pumping milk.
  • Child care.
Apr 3, 2024

Can you get denied a visa if pregnant? ›

However, officials are required to make notes to accompany a person's application. If a woman happens to be pregnant when applying for her visa or has a large belly, this may be noted down. It may lead to the rejection of her application.

How much does it cost to give birth in the USA without insurance? ›

According to data gathered by the financial experts at LendingTree via hospital data transparency, the US average for a vagin*l delivery was $13,024 in 2020. But that's the average across the country—your location plays a big part in how much you'll have to pay.

What is the cheapest way to give birth in the US? ›

What is the cheapest way to give birth? The cheapest way to give birth is usually at home. With a home birth, you aren't paying the enormous hospital fees, but there are also more risks involved. Delivering at a birthing center can also be cheaper than a hospital birth.

What if a tourist baby is born in the USA? ›

Although your child will get automatic citizenship upon their birth, it doesn't automatically give you citizenship as well. You will likely come to the attention of immigration officers, who want to know that you intend to return to your home country.

Can you fly to America when pregnant? ›

Although there are no specific regulations prohibiting pregnant foreign nationals from entering the United States, entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer.

Can a baby born in the US travel without a passport? ›

Each American citizen must possess his or her own passport.

What happens if a baby is born in a US embassy? ›

Being born on a US Military Base or embassy overseas does not confer any special citizenship status. Under US law, the citizenship of such a child is determined by the citizenship of their parents, and under foreign law it depends on the laws of the host country.

Do you get charged for having a baby in the US? ›

Costs will vary widely depending on your health insurance and even what state you're in, as well as how your delivery goes: (No insurance) Total average hospital bill for a regular birth: $30,000. (No insurance) Total average hospital bill with a c-section: $50,000.

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