Both the Department of State (DOS) and the Immigration Service (CIS) have issued new requirements for anyone seeking a visa to enter the US or requesting entry at a Port of Entry (POE).
The “Public Charge” rules address the question of whether a person can afford to live in the US, even temporarily. Every visa type from non-immigrants like B-2 visitors, F-1 students, etc., to immigrants/permanent residents have always been required to prove their ability to live in the US without getting assistance from the government or, in some rare cases, becoming homeless.
These requirements are in addition to the regular rules for F-1 students proving they can afford to attend school without working or green card applicants having to have a “sponsor” with an affidavit of support. “Public Charge” is an old, separate requirement which is getting much more restrictive.
Unfortunately, this gives another reason for the Trump Administration to justify denying visas and entries to the US. And it gives the Federal Government almost limitless grounds to restrict immigration to the US and forcing people to leave or be removed.
The concept of “Public Charge” is so expansive, that virtually anyone can be barred entry for financial reasons. For example, the US consulates can deny visas to applicants that are technically “obese” even though they may appear to be fit and healthy. The government argues there is significant evidence/support for the fact that obese people are more likely to develop serious health problems such as high blood pressure, diabetes, asthma and apnea, gall bladder disease, and even mental conditions such as depression and anxiety.
Since these will be new rules for “Public Charge” allegations, we have not seen the full extent of how they will be used. But it is certain they will be used as tools to deny visas and entries to people who would not be suspected of needing assistance in the past.
It is best to consult with a Board-Certified Immigration Attorney before visiting a US consulate or attending a CIS interview. For that matter, it is always a good idea to review all legal reasons for the government to deny immigration cases before they are even filed.
