The U.S. Department of State has begun implementing a pilot process under which consular officers may require certain immigrant visa applicants to obtain a Public Charge Bond through USCIS. The measure applies to select cases where an applicant may otherwise face a public charge inadmissibility determination under INA Section 212(a)(4).
Read full information on the DHS website.
Applicants who are required to post a bond will be notified directly by a consular officer. The bond amount is not fixed and will be determined by the consular officer based on the circumstances of each case, pursuant to 8 CFR 213.1(b). If the bond is approved and the applicant is otherwise eligible, the consular officer may issue the immigrant visa despite the prior public charge denial.
The Department of State has confirmed that the pilot does not affect currently valid visas. INLG is monitoring implementation of the new procedure and can assist clients in evaluating how public charge considerations and potential bond requirements may affect their immigration strategy.