Codification of Department of State rule clarifying eligibility for B–2 tourist visas

Section 212(q) of the Immigration and Nationality Act (8 U.S.C. 1182(q)) is amended— (1) by inserting (1) before Any alien; and (2) by adding at the end the following: (2) (A) For purposes of section 101(a)(15)(B), the term pleasure does not include obtaining a visa for the primary purpose of obtaining United States citizenship for a child by giving birth in the United States. (B) Any applicant for a nonimmigrant visa under section 101(a)(15)(B) who seeks to enter the United States to receive medical treatment shall be denied a visa pursuant to section 214(b) if such applicant is unable to establish, to the satisfaction of a consular officer, that— (i) he or she has a legitimate reason for traveling to the United States for medical treatment; (ii) a medical practitioner or facility in the United States has agreed to provide such treatment; (iii) the applicant has reasonably estimated the duration of the visit and all associated costs; and (iv) he or she has the means derived from lawful sources and intent to pay for the medical treatment and all incidental expenses, including transportation and living expenses, either independently or with the pre-arranged assistance of others. (C) (i) Any applicant for a nonimmigrant visa under section 101(a)(15)(B) who a consular officer has reason to believe would give birth to a child during her stay in the United States is presumed to be traveling for the primary purpose of obtaining United States citizenship for such child. (ii) A visa applicant may rebut the presumption under clause (i) by establishing, to the satisfaction of a consular officer, she has a legitimate primary purpose for giving birth in the United States other than obtaining United States citizenship for the child..