Public charge denials at embassy

Recently, a US citizen daughter petitioned her mother. When the mother went to the US embassy for her immigrant visa interview, her visa was refused (denied) based on the concern that the mother would become a “public charge” once she arrived in the US. Public charge refusals can affect a person’s eligibility for a visa, especially if the person is elderly or sickly. If a person has an upcoming interview at the embassy, they should make sure they will not become a public charge.

What is public charge?

Public charge is where a person may likely “become primarily dependent on public cash assistance for income maintenance or be institutionalized for long-term care at government expense.” In other words, once they get their green card, they may rely on taxpayers for their care and support.

A person could still be considered a “public charge” even if an affidavit of support (Form I-864) has been submitted on their behalf.

What proof or evidence can be presented to overcome public charge?

The embassy has provided a list of the type of documents and evidence a person could present to prove that they will not become a public charge. This includes the person providing a detailed statement describing their expected living expenses and medical treatment costs in the US, along with a plan to cover those expenses and/or plans to obtain medical insurance. The main point is to provide documentation demonstrating you will not rely on US government assistance for your care or treatment. Other documents could include proof of a health insurance plan that will cover the person’s medical needs in the US. The documentation should show that the person will have access to medical care and support and will not rely on US government assistance for medical care.

The bottom line is the Trump administration is cracking down on people who come to the US and then immediately apply for all kinds of taxpayers-funded benefits, including medical treatment. Trump has the attitude that when people immigrate to the US, they are supposed to work hard, pay taxes and contribute versus taking advantage of taxpayers. But the concern is that older people will not be working or contributing that much and/or will require medical treatment. That is why if you have an upcoming interview at the embassy, you should be aware of (and prepared to address) public charge concerns and have the proof ready and available.