Inadmissibility: Public Charge (IV)

After all of the discussion in previous posts – what can be done about this potentially negative finding by USCIS or DOS?

It is all about preparation and proving your case. It is the applicant’s burden to prove that you are eligible for the benefit sought. Therefore, if USCIS or DOS wants to find you inadmissible, then it is your burden to prove that this should not keep you from applying for adjustment or entry into the US as an immigrant.

Public charge can be addressed in a few ways. Assets or sufficient income is just one way. The government is also looking at your health, age and likelihood of being able to find a job here in the US. Are you more likely to seek welfare or other public benefits? If you already have immediate family members that have sought or seek public benefits, that will unfortunately be held against you.

The days when the affidavit of support was sufficient to overcome this inadmissibility are over. It is important that all aspects of your case are well documented and presented to USCIS. The best way to do this is by discussing your case with an experienced immigration attorney that can guide you and prepare you to make the best case possible.