Final Rule by Department of State Changing Temporary Visitors Visa

Please find attached an advance copy of the Department of State final rule amending the B visa regulations to establish a rebuttable presumption that a B (Visitor) nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is traveling for the primary purpose of obtaining U.S. citizenship for the child. The rule requires consular officers to deny B nonimmigrant visas to applicants who do not overcome the presumption. The new rule would not appear to impact intended parents traveling to the United States to be here to pick up their baby that was born to a US citizen/surrogate in the United States. The ability for an intended parent to travel to the United States may require an analysis by a U.S. immigration attorney to analyze the proper documentation to allow an intended parent to legally enter and stay in the United States for the proper amount of time to be here for the baby. The rule will be published in the Federal Register on 1/24/20 and be effective on that date.