The U.S. Department of State is reminding foreign nationals that reliance on certain government benefits can affect their eligibility to obtain or keep a U.S. visa under longstanding immigration rules related to “public charge.”
Under U.S. immigration law, a public charge is defined as a person who becomes primarily dependent on government assistance for basic living needs. Officials say this is typically demonstrated through the receipt of public cash assistance for income maintenance or long-term institutional care funded by the government.
Programs cited include the Supplemental Security Income administered by the U.S. Social Security Administration, the Temporary Assistance for Needy Families program and other forms of general assistance provided by state or local governments to low-income households. Long-term care in government-funded nursing homes or mental health institutions may also factor into the determination.
Officials said nonimmigrant visa holders who improperly use public benefits could face serious consequences, including visa revocation, future visa ineligibility, or criminal prosecution if fraud is involved.
The guidance notes that consular officers have had authority for more than a century under the Immigration and Nationality Act to deny visas to applicants who are likely to become a public charge in the United States.
During the visa review process, consular officers evaluate multiple factors when determining whether an applicant might rely on government assistance. These factors include age, health, family status, financial resources, education and job skills, as well as any past or current use of U.S. public benefits.
The State Department said individuals can still travel to the United States for medical treatment if they can demonstrate they will not depend on government-funded care and intend to return to their home country after receiving treatment.
Officials emphasized that visa decisions are made on a case-by-case basis and applicants must prove to the satisfaction of the consular officer that they qualify for a visa under U.S. law.
