Certain people are "inadmissible" for purposes of entry into the United States, either as an immigrant or as a visitor. There are many reasons why a person could be considered inadmissible to receive a visa and enter the United States, including that the person is or would become a "public charge."
Whether or not an applicant for entry into the United States is likely to become a public charge is a decision for a consular officer to make, subject to consideration of several factors. There is no waiver available for this ground of exclusion.
Public Charge
A public charge is generally considered to be someone who is dependent on government assistance programs for his or her survival; for example, someone who needs food stamps to eat or welfare benefits in order to pay rent. At U.S. ports of entry, officials of the U.S. Customs and Immigration Service (USCIS) make determinations on whether specific aliens are likely at any time after admission to become a "public charge." In making his or her decision on whether an alien is likely to become a public charge, an immigration official must consider a variety of factors, including the alien's age, health, family situation, assets, education and skills, and any affidavits of support submitted.
Affidavit of Support
An affidavit of support is a legally binding document in which a U.S. citizen or legal permanent resident agrees to sponsor the alien seeking entry into the United States by providing the support that the alien may not be able to provide for him or herself. The sponsor must agree to provide support to maintain the alien at an annual income that is not less than 125 percent of the federal poverty line during the period in which the affidavit is enforceable. The sponsor must also agree to be subject to the jurisdiction of state and federal courts if the government had to file an action for reimbursement for expenses incurred on the alien's behalf.
Sponsor
A "sponsor" includes any person who: 1) is a U.S. citizen or legal permanent resident; 2) is at least 18 years old; 3) lives in a U.S. state or territory; 4) petitions for the admission of the alien or is a family member of the alien; and 5) is able to show the ability to maintain an annual income equal to at least 125 percent of the federal poverty line.
Special Situations: Family-Sponsored and Employment-Based Immigrants
An alien who is inadmissible as a public charge may be admitted if he or she is the spouse or child of a U.S. citizen or if, in the case of employment-based immigrants, the person petitioning for the alien's admission executes an affidavit of support.
Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.
