Asked in Immigration Law for New York

Q: We have a B1/B2 visa. Can CBP officer deny us entry to the US on the grounds of change of intention?

My boyfriend and I been issued a B1/B2 visa.

Details on the visa sticker:

Visa Type/ Class: R, B1/B2

Entries: M

The stated intention on the D-160 form was for a tourist visit to New York. I haven’t travelled to the US yet.

Recently, I changed my mind. I'm pregnant and I want to use this visa to enter the US to give birth there. So my intention for the visit has changed.

At the point of entry, I'll be informing the CBP officer that my purpose of travel will be for childbirth.

Question 1: Can CBP officer deny me entry to the US on the grounds of change of intention? If so, do you have any advice to mitigate this?

Question 2: In case that the CBP officer ask of why I'm choosing to give birth in the US, my answer will be that it’s because of the higher quality of service compared to the Netherlands. Is this a strong reason to give the CBP officer?

Thanks

Related Topics:
1 Lawyer Answer
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: The B-1/B-2 non- immigrant visa is issued to an applicant for tourism and business purposes. A planned visit to the U.S. , as you have mentioned in your fact scenario, for the purpose of bearing a child is problematic and is an improper use of the B-1 B-2 visa.

The CBP officer at the U.S. port of entry may not allow your admission into the U.S. based on the purpose of your visit as you have stated in this forum.

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