The U.S. Department of State has announced the implementation of a new Public Charge Bond process for selected immigrant visa applicants as part of a pilot program.
The initiative is designed to provide certain applicants who have been found inadmissible under the public charge ground of inadmissibility with an additional pathway to establish eligibility for an immigrant visa.
Background
Under existing immigration laws and regulations, immigrant visa applicants must demonstrate that they are not likely to become a public charge after admission to the United States.
Traditionally, applicants could overcome a public charge finding by submitting sufficient evidence showing that they are financially self-sufficient or otherwise unlikely to depend on public assistance.
The Department of State has now introduced a pilot process that allows certain immigrant visa applicants to seek approval of a Public Charge Bond through U.S. Citizenship and Immigration Services (USCIS). If the bond is approved and the applicant is otherwise eligible for the immigrant visa, a consular officer may issue the visa despite an earlier public charge denial.
Frequently Asked Questions
Who Can Apply?
The process is not currently available to all immigrant visa applicants.
According to the Department of State:
- The Public Charge Bond process is currently being used only for selected cases.
- Applicants cannot independently request participation.
- Individuals who may be required to obtain a Public Charge Bond will be notified directly by a consular officer.
How Much Is the Bond?
There is no fixed bond amount.
Under federal regulations, the bond amount is determined by the consular officer based on the totality of the circumstances in each case. Factors may include the applicant’s financial situation, assets, income, age, health, family status, education, and employability.
Does This Affect Existing Visas?
No.
The Department confirmed that the Public Charge Bond pilot does not affect currently valid visas already issued to travelers or immigrants.
Can Bond Funds Be Returned?
Yes.
The individual who posts the Public Charge Bond may be eligible to have the bond canceled and funds returned if the bond conditions are satisfied. USCIS maintains procedures governing the maintenance, substitution, cancellation, and return of Public Charge Bonds.
When Can a Bond Be Forfeited?
USCIS regulations establish circumstances under which a Public Charge Bond may be breached and forfeited. The specific rules governing forfeiture, cancellation, and enforcement remain under USCIS authority.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.