Understanding the Impact of Birth Tourism on E2 Visa Applications

Canadians considering birth tourism for the sake of securing an E2 visa for their parents might be under a misconception. Birth tourism is not a straightforward path to obtaining an E2 visa, and there are several important factors to consider.

Birth Tourism Guidelines and Regulations

As of 2020, birth tourism in the United States is no longer permitted. The primary reason for birth tourism is no longer allowed; instead, entry for pre-arranged medical reasons is permitted. If you are planning to deliver a child in America, you must demonstrate that you can pay for medical expenses in advance. This requirement is a significant deterrent for many, as airlines do not permit pregnant women to travel late in their pregnancy, and there are no easy options available for a last-minute birth in the United States.

Does Birth in the U.S. Affect the E2 Visa Application?

Birth tourism does not impact the criteria for the E2 visa application. The E2 visa is awarded based on several specific criteria, including:

Economic ties with your home country The opportunity to engage in a business that is significant and viable The intent to invest and not to immigrate

Given these points, birth in the United States of a minor U.S. citizen does not influence the eligibility for an E2 visa. The visa is a non-immigrant visa designed for treaty investors, and it has stringent requirements that must be met regardless of where the child was born.

Realities of Birth Tourism

There are several reasons why sane Canadians would not opt for birth tourism, even if they were considering it:

Insurance and Medical Costs: Without insurance, medical costs can be exorbitant. Delivering a child in the United States can easily cost tens of thousands of dollars, including hospital fees, medical care, and any additional costs. Refusal of Entry: If an immigration official suspects that you are not genuinely seeking medical care but are instead trying to secure a U.S. citizen for immigration benefits, you may be refused entry to the United States. Immigration Intent: Immigration officials are trained to identify individuals with a genuine intention to stay in the United States. If you have an E2 visa application, it is crucial to demonstrate that you have a valid business and not an intention to overstay your visa or seek permanent residency. Public Charge Grounds: Birth tourism can also impact the public charge grounds. If you appear to have a pattern of behavior that suggests you rely on public benefits, such as health insurance, you may be denied entry or a visa. Payment of Hospital Bills: If you do not pay your hospital bills, you could face other legal issues or be considered ineligible for an E2 visa, as immigration officials may view this as evidence of a potential intent to overstay.

Seeking Legal Guidance

Given the complexities of the E2 visa requirements, it is advisable to consult with an experienced U.S. immigration attorney. They can provide you with personalized guidance on how to prepare your application and avoid any issues related to birth tourism. An attorney can help you navigate the process and ensure that you meet all the necessary requirements for a successful E2 visa application.

Even if your child is born in the United States, they are only free to cross the border. U.S. citizenship of a minor child does not provide any direct benefits to the parents seeking an E2 visa. The decision to pursue an E2 visa should be based on a comprehensive understanding of the visa requirements and the guidance of legal experts.