Green Card Denials at U.S. Embassy based on Public Charge

Jan 26, 2020 News

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By Attorney Gail Seeram

New rules are being applied at the U.S. Embassy to determine if an immigrant visa applicant will be a “public charge.” One of the changes decreases the weight given to the affidavit of support in deciding whether a person is likely to become a public charge. Previously, a qualifying affidavit of support was generally sufficient to establish that an immigrant visa applicant was not likely to become a public charge.
An affidavit of support still must be submitted, where required, but the weight it carries has diminished. Now, a “properly filed and sufficient Form I-864 may not necessarily overcome a denial on public charge”. Instead, it is merely one, “positive factor” as part of the totality of the circumstances test.
The “totality of the circumstances” involves consideration of other factors such as the applicant’s age, health, family status, assets, resources, financial status, education, and skills. This test is not new, but the fact that an affidavit of support that meets the financial requirements has been reduced in weigh to simply one factor of many is new.
A sufficient affidavit of support generally was considered adequate evidence that the person had overcome any public charge concerns. It is now considered only a factor in the assessment.
Thereby, expect to see the language below in denial notices for green cards issued by the U.S. Embassy:
Section 212(a)(4) of the INA (8 U.S.C. 1182 (a) (4) provides that “Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge, is inadmissible. This determination is based upon the documents and information presented during the visa interview by the petitioner, beneficiary, and joint sponsors (if any).
The consular officer has considered the applicant’s age, health, family status, assets, resources, financial status, education, skills, affidavit(s) of support, and any other information provided at the interview”

Examples of documents to bring to the Embassy interview to overcome public charge:
• For older applicants: health records showing they are in good health despite advanced age
• Proof of private medical insurance, or other proof of how the applicant pays for healthcare
• Proof of ongoing relationship with petitioner and joint sponsor (i.e. recent emails, pictures, screenshot of social media post where chatting and interacting)
• If joint sponsor is not related, declaration of joint sponsor briefly explaining their commitment to support the applicant
• Proof of applicant’s job offer or job with decent salary and savings in bank account
• Copies of applicant’s degrees, certificates, licenses, etc. to show education, skills, and overall “employability”

All immigrant visa (green card) applicants appearing for their interview at the U.S. Embassy need to be aware that more documentary evidence (besides a Form I-864 affidavit of support) will be required to prevent a denial based on public charge.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper)

Attorney Gail Seeram, LL.M., J.D., BBA
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