INADMISSIBILITY

Grounds. Waivers

In General

CLASSIFICATION:

BRIEF DESCRIPTION: The beneficiary is likely at any time to become a public charge.

DETAILS:

1. The alien is considered likely to become a public charge if it is the opinion of the consular or INS officer
at the time of application.

2. Under INA 212(a)(4)(B)(i) – The officer shall at a minimum consider the alien's –

(I) age;
(II) health;
(III) family status;
(IV) assets, resources, and financial status; and
(V) educaltion and skills

3. Under INA 212(a)(4)(B)(ii) – In addition, the officer may also consider:

4. The following categories are required to have affidavits of support (Form I-864):

Under INA 212(a)(4)(C) – all family-based immigrants (immediate relatives, family preference immigrants, and orphans), if they file applications on or after December 19, 1997, and

Under INA 212(a)(4)(D) – employment-based immigrants who are coming to work for relatives or for companies where relatives of the immigrant own 5 percent or more of the company.

For more information, see 'Public Charge'.