INA Section 212(a)(4)

Section 212(a)(4) of the Immigration and Nationality Act – Public Charge

If you are considering immigration, you need to be able to prove that your presence in the U.S. will not result in a financial burden to the state. You should prove that you will not become primarily dependent on the government for subsistence. If you are unable to do this, you can be disqualified because you will likely become a “public charge.”

The laws of a country are often slow to change. However, immigration law is an area of law that changes relatively quickly and regularly.

Politically, Democrats and Republicans view immigration very differently. With every regime change, immigration laws are adjusted to reflect different policies. The policies surrounding what qualifies a public charge are a clear example of this.

Under President Trump, the public charge rule was widened to include any reliance on Medicaid and nutritional assistance. This increased the denial of immigrant visa applications. This was in line with the immigration policies of the Republican Party. Under President Biden, this was once again changed in line with the Democratic Party policies.

The changes made in 2022 provide clarity and consistency for non-citizens on how the Department of Homeland Security (DHS) will administer the public charge ground of inadmissibility.

If you are applying for a visa or have already applied, you may fall foul of Section 212(a)(4) of the Immigration and Nationality Act. This article will unpack Section 212(a)(4) and outline how you can avoid violating it and what your options are if you have fallen foul.

Tadeo & Silva Law is familiar with Georgia Immigration laws and can assist you with your immigration status.

Now, let’s examine the public charge rule together.

The “Public Charge” Rule

Section 212(a)(4) of the Immigration and Nationality Act authorizes a U.S.C.I.S. or consular officer to deny a visa, admission, or adjustment of status. Denial is based on an assessment that the applicant is likely to become a “public charge” of the U.S. government.

A “public charge” means that an individual is likely to depend on the government for its primary source of support in the future. 

Factors Affecting Applicability

The officer considers the following factors in relation to a foreign national applicant while determining the applicability of the “public charge” rule:

• Age

• Health

• Family status

• Assets, resources, financial status

• Education and skills

Public Charge Denial for Non-Immigrants

If a non-immigrant visa application has been denied based on a likely public charge, there is no possibility of any appeal.

It is possible to request a waiver during your interview. However, you will need to be able to address the apparent shortcomings of your application at the interview to do this.

You cannot request a waiver once you have been denied your visa based on section 212(a)(4). You will need to apply all over again and cure the defect in your application.

Applicability of Public Charge Rule to Applicants for Adjustment of Status

The rule of inadmissibility on the grounds of public charge applies to all applicants for adjustment of status unless specifically exempted. Usually, family-based immigrants and some employment-based immigrants file an Affidavit of Support under Section 213A of the INA (Form I-864 or Form I-864EZ) to show that they have adequate resources and the means of financial support and are not likely to become a public charge.

Overcoming a Green Card Visa Denial Under Section 212(a)(4)

USCIS may request further evidence from you. This is done when your application does not convince them. A request for other evidence is made before the visa interview stage. So you will know what elements of your application need to be strengthened before you get to the visa interview stage.

These requests for additional evidence can cause lengthy delays in your application. However, you can use the opportunity to cure any defects in your application so you are less likely to face denial. 

Consider hiring a top immigration lawyer if you are facing complications with your visa application.

Tadeo & Silva Law Is Here to Help 

Our law firm can address your issues around immigration law, citizenship, and immigration services. 

We can assist with the following:

• Family visas U.S.

• Adjustment of status

• Deportability grounds.

• IR-6 Green Card application

• Naturalization or removal of conditions of lawful permanent residence.

We pride ourselves on our experience, passion, and personable approach to our clients. 

Contact our offices today for a consultation and case evaluation.