The State Department has instructed officers in U.S. embassies to consider the medical conditions of foreign nationals applying for immigration benefits when adjudicating their petition.
A recent State Department cable guided immigration officers to use their discretion to determine a petitioner’s likelihood of requiring public benefits when living in the United States by considering their medical history and physical health.
Officers are instructed to consider all the aspects of a petitioner’s case, including finances, age, weight, affidavit of support, and even the health of the petitioner’s family members. As such, the cable did not include objective criteria that the petitioner should or should not meet but specifically highlighted the following medical conditions.
Many are concerned, as this guidance grants immigration officers authority to make subjective decisions about a petitioner’s health, with little to no medical expertise.
Additionally, it allows officers to adjudicate petitions largely off hypothetical scenarios. Based on the cable, an officer could deny an application if they believe that the petitioner will, at some indeterminate time in the future, develop a medical condition that could become a public charge.
The instruction revives the Public Charge rule, by which officers can reject a visa or Green Card petition by a non-U.S. citizen when they believe the petitioner is likely rely on public benefits when in the United States. While the Public Charge rule was significantly relaxed under the Biden administration; it appears that President Trump is pursuing a more rigorous policy approach.
The rule follows President Trump’s February 19 Executive Order, “Ending Taxpayer Subsidization of Open Borders”, where he declares that non-U.S. citizens should not receive taxpayer-funded benefits (Section 2).
If you would like to discuss this news, please contact us and we would be happy to speak with you.