DOS Expands Public Charge Exclusions, Encourages Visa Officers to Speculate

According to reports, the Department of State sent a cable to diplomatic and consular posts that greatly expands the public charge reasons for excluding visa applicants beyond the current requirements of a medical exam, required vaccines, and screening procedures.

“Certain medical conditions—including, but not limited to, cardiovascular diseases, respiratory diseases, cancers, diabetes, metabolic diseases, neurological diseases, and mental health conditions—can require hundreds of thousands of dollars’ worth of care,” the cable warns. It also includes obesity and age in the list of conditions visa officers should consider, along with the health of dependent family members and potential future scenarios. The cable encourages officers to speculate: “Does the applicant have adequate financial resources to cover the costs of such care over his entire expected lifespan without seeking public cash assistance or long-term institutionalization at government expense?”

Reportedly, the new guidance primarily applies to immigrant visas, not nonimmigrants and short-term visitors.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.