DOS Provides Update on Public Charge

March 26, 2021

DOS announced that it has updated its guidance to consular officers on how to proceed while DOS’s October 2019 interim final rule and January 2018 FAM guidance are enjoined. Under this guidance, consular officials will apply the public charge standard that had been in effect prior to these changes when adjudicating applications. In addition, pursuant to President Biden’s Executive Order 14012, DOS is reviewing all actions related to the implementation of the public charge ground of inadmissibility. DOS will issue further guidance if the review results in any change to applicable policy.

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August 7, 2020

DOS announced that it is complying with the injunction issued by the U.S. District Court for the Southern District of New York and is in the process of updating its guidance to consular officers on how to proceed. In the interim, visa applications that appear to be ineligible under INA 212(a)(4) will be refused for administrative processing to allow for consultation with the DOS, including legal review to ensure compliance with applicable court orders. Visa applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire.

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Cite as AILA Doc. No. 20080700.

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