Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
The answer is no
. It is not illegal for a foreign alien to deliver her child in the USA - this is not a federal or state criminal act, at all.
However, when the child is born - if it is born in USA - it automatically receives US citizenship
. Because USCIS/ICE/CBP authorities fear that the mother may attempt to overstay
her visa on the basis of the child, they are known to deny entry to women who are in advanced stages of pregnancy, unfortunately.
While this is unfair, unfortunately, the US government does in the end have the right to decide who enters the USA on a visa.
Ergo, to avoid such situations, the mother should be fully prepared to illustrate that she is fully willing and able to leave the USA once her visa is up. This may be shown by a pre-paid ticket out, affidavits from family and friends, ties to the home country such as family and a job, etc.
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