20 FAQs: Trump’s New Birth Tourism Order — Practical Travel Guidance for Nonimmigrant Women
- Who should be most cautious under this new Executive Order?
Women of childbearing age in F-1, H-1B, H-4, L-1, B-1/B-2, J-1, or other nonimmigrant status should be especially cautious about international travel until the government issues clearer implementation guidance.
- Should women of childbearing age avoid unnecessary international travel?
For now, unnecessary international travel should be approached very cautiously. The concern is not leaving the United States—it is what may happen when attempting to return through CBP inspection.
- Will every woman of childbearing age be questioned by CBP?
Not necessarily. There is no automatic rule requiring questioning of every woman. But the new policy may result in greater scrutiny regarding the purpose of travel and intended stay.
- I am pregnant and currently inside the United States. Should I travel internationally?
If you are pregnant and planning to leave the United States and return, you should definitely consult an immigration lawyer before traveling.
The risk should be evaluated based on your visa category, pregnancy, travel purpose, expected return date, and immigration history.
- I am pregnant and already outside the United States. What should I do before returning?
You should consult an immigration lawyer before attempting to return, even if your travel abroad was completely legitimate.
A valid visa does not guarantee admission, and CBP may ask additional questions regarding your pregnancy and purpose of entry.
- Does pregnancy automatically mean someone is engaged in birth tourism?
No.
Pregnancy is not birth tourism. The Executive Order focuses on whether the person entered or attempted to enter the United States for the purpose of giving birth.
- Can an H-1B worker become pregnant and give birth in the United States?
Yes. An H-1B professional can become pregnant while legally working in the United States.
Giving birth while maintaining H-1B status does not automatically constitute birth tourism.
- What about an H-4 spouse?
An H-4 spouse may lawfully live in the United States with the H-1B principal and may become pregnant.
However, if she is pregnant and considering international travel, she should consult an immigration lawyer before leaving or returning.
- Can an F-1 student become pregnant while studying?
Yes. Pregnancy itself does not violate F-1 status.
But a pregnant F-1 student contemplating international travel should carefully evaluate the risks before leaving the United States.
- Why is international travel now more concerning?
A nonimmigrant must establish eligibility for admission every time she returns to the United States.
CBP may now pay greater attention to whether childbirth is believed to be part of the person’s purpose for entering.
- Can CBP deny admission even if I have a valid visa?
Yes.
A visa allows you to travel to a U.S. port of entry and request admission. CBP ultimately decides whether you will be admitted.
- Can CBP ask questions about pregnancy?
Potentially, yes.
Questions could include the purpose of travel, length of stay, pregnancy, expected delivery date, employment, school attendance, medical arrangements, or payment of medical expenses.
- What documents should an H-1B worker carry?
Carry strong evidence of continuing H-1B employment, including the approval notice, recent pay statements, and an employment verification letter.
The documentation should clearly establish why you are returning to the United States.
- What should an F-1 student carry?
Carry the properly endorsed I-20, enrollment evidence, academic documents when appropriate, and other normal F-1 admission documentation.
The student should be able to clearly demonstrate that study remains the primary purpose of entry.
- I am outside the United States and already have a valid visa stamp. Am I safe?
A valid visa is important, but it does not guarantee admission.
Women of childbearing age should make sure their documentation clearly establishes the legitimate purpose for returning to the United States.
- What if I am pregnant but returning to my regular H-1B job?
That is very different from entering the United States primarily to give birth.
However, because the new Executive Order creates additional uncertainty, a pregnant H-1B worker outside the country should still consult an immigration lawyer before returning.
- What should I do if CBP asks whether I am pregnant?
Answer truthfully.
Never lie or provide misleading information to CBP. A misrepresentation can create a separate and potentially much more serious immigration problem.
- Could a visa be revoked under this order?
Potentially, yes.
The Executive Order contemplates visa revocation and other serious consequences when the government determines that someone entered or attempted to enter for birth tourism.
- What happens if a court blocks the Executive Order?
Everything depends on the wording and scope of the court order.
A lawsuit alone does not stop enforcement. Travelers should wait for clear court decisions and agency guidance before assuming the policy is no longer being applied.
- What is the safest practical advice right now?
Women of childbearing age in nonimmigrant status should be very cautious about unnecessary international travel.
If you are pregnant and currently inside the United States, consult an immigration lawyer before leaving if you intend to return.
If you are pregnant and already outside the United States, consult an immigration lawyer before attempting reentry—even when your trip and your underlying visa purpose are completely legitimate.
Carry strong documentation establishing your employment, education, dependent status, or other legitimate reason for entering the United States.
Above all, answer all consular and CBP questions truthfully.
By: Rahul Reddy
Rahul Reddy is the founding partner of Reddy Neumann Brown PC. He founded our firm in 1997 and has over 28 years of experience practicing employment-based immigration. Rahul‘s vast knowledge of the complex immigration system makes him an invaluable resource and an expert in the field. His personal experience with the immigration system has made him empathetic to each of his clients’ cases and empowered him to help others achieve the American Dream.
Rahul‘s dedication to serving the immigrant community is evident, from his daily free conference calls to his weekly immigration Q&As on Facebook and YouTube Live. He is an active member of the immigrant community and one of the founders of ITServe Alliance. He has been a member of American Immigration Lawyers Association since 1995.