There are different grounds related to why your United States VISA may have been rejected. In this matter, it is important that you know why your VISA may have been rejected and if you have control over it.
Your VISA application may have been rejected because of a handful of reasons. This article discusses the public charge grounds as to why your VISA may have been rejected.
Section 212(a) of the Immigration and Nationality Act
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States
Public Charge
(A) In general.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.
(B) Factors to be taken into account.-
(i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien’s-
(I) age;
(II) health;
(III) family status;
(IV) assets, resources, and financial status; and
(V) education and skills
(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.
(C) Family-Sponsored immigrants
Any alien who seeks admission or adjustment of status under a visa issued under section 201(b)(2) or 203(a) is excludable under this paragraph unless-
(i) the alien has obtained-
(I) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) or section 204(a)(1)(A), or
(II) classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B);
(III) classification or status as a VAWA self-petitioner; or
(ii) the person petitioning for the alien’s admission (and any additional sponsor required under section 213A(f) or any alternative sponsor permitted under paragraph (5)(B) of such section) has executed an affidavit of support described in section 213A with respect to such alien.
(D) Certain employment-based immigrants.
Any alien who seeks admission or adjustment of status under a visa number issued under section 203(b) by virtue of a classification petition filed by a relative of the alien (or by an entity in which such relative has a significant ownership interest) is excludable under this paragraph unless such relative has executed an affidavit of support described in section 213A with respect to such alien.
The information above has been copied directly from the immigration law and will also be further discussed in the coming articles of the series.
Who is considered as a public charge? This will be discussed in a succeeding article on the series.
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The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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