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The Federal Government of the United States has proposed to stop what is known as “childbirth or maternity” tourism. For this, they are working on a provision that would tighten the rules around issuing the Type B Visa, commonly known as the Tourist Visa, since it authorizes tourist and business trips within the US for a short time.

Under this pro-immigrant activist context, they have demonstrated against this measure, considering that the general objective of this provision is to deny citizenship to children of immigrants.

But let's discuss what has happened with respect to this issue?
Let us begin by mentioning that citizenship by birth in this country is guaranteed in the US Constitution in its Fourteenth Amendment, where in general it is stated that every child born in US territory has the right to U.S. citizenship without discriminating nationality or the immigration status of their parents.

On the other hand, let's define what is childbirth or maternity tourism:
When Latin American mothers or from any part of the world with a certain socioeconomic level decide to travel to the US, receiving personalized medical attention that they hire from their countries to give birth. This is what is what is known as childbirth tourism.

Is this approach legal?
The Fourteenth Amendment of the Constitution, as we have indicated above, enshrines the nationality of every person in the territory of this country. Nevertheless, this has been a national debate and has been questioned by political groups that believe this encourages illegal immigration.

Giving birth in a clinic in the US being a foreigner is completely legal until now. The controversy arises when the patient, that is, the mother of the unborn child, is illegal and decides to have her son here in the US.

To be informed about these issues and other legal aspects of your interest, contact our office and we will gladly assist you

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