USAToday
By Calum MacLeod
April 1, 2015
Business
is booming here for companies that coach pregnant women on how to
deceive U.S. immigration authorities so they can enter the United States
for the sole purpose
of giving birth to American citizens.
At
least 500 companies offered "birth tourism" services in China last
year, the Shanghai newspaper National Business Daily reported. While
there are no official statistics,
the number of Chinese citizens heading to the USA to give birth likely
is in the tens of thousands each year. The cost of a trip, including
medical expenses, runs from $20,000 to $80,000.
The
business is legal in China, but the tactics for entering the USA are
not. The women are coached to lie about the purpose of their visit by
listing "tourism," which
makes it easier to get a visa. They also are told to hide their
pregnancies when going through U.S. immigration and avoid declarations
that they're traveling for medical treatment.
In
early March, California authorities raided dozens of maternity hotels
for Chinese women in Orange, Los Angeles and San Bernardino counties for
alleged immigration and
tax fraud.
The
raids did not prompt crackdowns on the business in China. Six birth
tourism companies, including ABC Baby and Precious Beauty Baby, told USA
TODAY that business continues
as normal. Six others declined comment.
There
are legitimate reasons for Chinese citizens to travel to the United
States to give birth, such as if one parent is American or a high-risk
pregnancy requires medical
care from a specialist.
The
State department says there is no law barring foreigners from traveling
to the U.S. for the purpose of giving birth. The tourism visa they
usually travel on, known
as a B-2 visa, allows foreigners to enter the U.S. for "medical
treatment."
As
long as applicants are truthful about their intentions, prove they can
afford their medical care, explain why they can't have the procedure
done in their home country
and assert that they will abide by the time restrictions of their visa,
such travel is generally allowed under U.S. law, according to the
department.
However,
since "birth tourists" are trying to skirt the law, the State
department is adding staff to work on canceling visas of pregnant women
who deceive immigration
officials, said Gary Chodorow, a U.S. immigration lawyer based in
China. He said the U.S. Embassy website should post explicit warnings
that lying about the purpose of a visit could result in permanent
ineligibility for a U.S. visa.
Despite
the California raid and closer scrutiny by U.S. officials, "birth
tourism" is expected to grow, said Chen Lei, manager of LApangbaba.com, a
Shanghai-based firm
that currently has 60 clients staying at three centers in Los Angeles.
The
main attraction: When children born in the United States turn 21, they
can sponsor their parents to become legal U.S. residents so the family
can emigrate to America.
"They admire America's clean air and food safety," Chen said. "(And)
it's a nation that respects human rights."
After
the California raids, some clients feared they would be targeted next,
Chen said. "I relaxed them by saying those firms were targeted as they
broke laws like claiming
welfare to cut medical bills," he said. "Most of my clients are rich.
They don't care about benefits."
Most
who participate in the birth tourism operations seek a better education
and environment for their children, while hoping to evade China's "one
child" policy, Chodorow
said.
Expectant
mothers typically arrive two months before birth and stay one more for
postpartum recovery. Then they return to China, where government
officials don't punish
the parents for violating birth control rules because a second child is
considered an American. At 18, however, the child must choose whether
to be a U.S. or Chinese citizen.
Chodorow
said "birth tourism" has become more popular than a U.S. immigration
program that lets wealthy applicants gain American residency by
investing at least $500,000
in a U.S. business.
Several
Chinese celebrities have had American babies, and the hit 2013 Chinese
movie Finding Mr. Right is about a Chinese woman who gives birth to a
son in Seattle.
Birth tourism "is part of the cultural fabric now in China," Chodorow said.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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