If you’re applying for an immigrant visa aka Green Card at a foreign embassy or consulate, you might have more trouble than in years past. One reason is called “public charge inadmissibility.” Regardless of the issue, follow these rules:
- Rule Number 1: Tell the Truth! If asked a question make sure you answer honestly. I’ve seen many applicants get into serious long-term problems getting U.S. visas because of dishonest answers on an online application or in person at an interview.
- Rule Number 2: Be Prepared. Attorneys aren’t allowed to accompany you to your interview. You need to thoroughly know what’s in your forms and supporting documents so you can answer questions from the Consular Officer. Your interview will be very quick and you’re not going to have much time to think.
One issue that applicants are facing more and more is “public charge inadmissibility.” The U.S. government wants to be sure an immigrant does not become primarily dependent on the U.S. Government for subsistence” Under the Immigration and Nationality Act Section (INA) 212(a)(4)(A) “Any alien who… is likely at any time to become a public charge is inadmissible. This means the government can deny your visa, even if you’re a relative of a U.S. citizen who submits a legally binding I-864 Affidavit of Support (AOS) on your behalf. In the good old days i.e. before Trump, such an affidavit was usually enough. If the Petitioner – the person who filed on your behalf – did not have enough income to meet the requirements, an additional or joint sponsor could also submit an I-864. The petitioner must still file an AOS regardless of income, and you can have a joint sponsor/s also, but all of this may now no longer be enough.
The factors that must at a minimum be taken into account when considering when an immigrant is likely become dependent on the government are age; health; family status, assets, resources, and financial status; and education and skills. In addition, the officer may also consider any affidavit of support. If the consular officer believes you’re likely to become a public charge s/he will normally issue a notice at your interview under INA 221(g) which is a refusal but allows for additional evidence to be submitted in support of your application within one year. Usually you send in the information; you don’t need to schedule a new interview. The consulate then reviews the additional information and decides whether to grant or deny the visa, or to ask for even more information!
This issue has come up as a reason for denial under INA 221(g) about 4 times as often in the last year – from 3,237 denials for public charge in FY2017 to 13,450 in FY2018. This year it’s probably going higher than that, based on our experience. The good news is that many applicants are eventually granted visas after providing more information – about 60% of those originally denied. However, older applicants, such as the parents, adult children, or siblings of U.S. citizens are being looked at much more closely than before.
