For thousands of people who have been waiting for months or even years to legally immigrate to the United States, the process was put on hold just as they were approaching one of its final stages. The Department of State ordered the postponement of immigrant visa interviews at embassies and consulates worldwide while officials receive training on a stricter version of the so-called “public charge” criterion.
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The measure mainly affects people applying for visas from outside the United States to reunite with family or immigrate through a sponsor. Although the government maintains that the pause aims to allow a more thorough and uniform assessment of applicants, it comes after federal courts blocked previous attempts to use this same criterion to stop applications from entire groups.
What is the “public charge”?
The public charge is not a new concept within U.S. immigration law. Federal law allows denying a visa or permanent residence when authorities determine that a person is likely to become a “public charge” “at any time.”
In the case of those applying for an immigrant visa from abroad, the official does not necessarily evaluate whether the person currently receives benefits in the United States. They must try to determine if, after immigrating, they might depend on the government.
To do this, authorities may consider factors such as the applicant’s age, health, family situation, financial resources, education, and skills. The Department of State has also indicated that its officials will scrutinize finances, education, job prospects, English proficiency, and health status more closely.
The Trump administration argued that the goal is to prevent new immigrants from benefiting from assistance programs such as Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and some housing subsidies.
However, even after obtaining permanent residence, many migrants must wait five years to access important federal programs subject to means testing, although there are exceptions and rules vary depending on the program and immigration status.
Why are the interviews being paused?
The Department of State assures that its officials need additional training to apply the new guidelines. “In early August, we launched a global training initiative at all our embassies and consulates worldwide. To accommodate this comprehensive training, visa service appointments will be adjusted,” a spokesperson explained in a statement.
The agency also said the training aims for officials to evaluate each applicant in an “exhaustive and consistent” manner.
The pause began in early August and, according to an official who spoke to Associated Press on condition of anonymity, is not expected to extend beyond early or mid-September. The affected interviews would be rescheduled for September, October, and November.
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However, the Department of State has not publicly explained when it will begin rescheduling them or whether applicants will keep exactly their place in line.
Who is affected?
The main affected are those seeking immigrant visas for family reasons: spouses, parents, children, and siblings of U.S. citizens, as well as relatives of permanent residents. There are also visas for certain workers sponsored by employers.
For many, the interview comes after paying fees, gathering documents for years, and undergoing medical exams. Some even have to travel to another country to attend the corresponding consulate. A last-minute cancellation can mean losing money on flights, accommodation, and medical appointments.
Visas for employer-sponsored workers would not be affected in the same way, since these applicants can demonstrate income and therefore would not be considered a possible “public charge.”
The pause occurs just days after several judicial setbacks for the administration. In January, the Department of State had halted the issuance of immigrant visas for citizens of 75 countries considered at higher risk of relying on public benefits. The policy remained in effect for seven months until a court overturned it.
On August 21, federal judge Jeannette Vargas ruled that Secretary of State Marco Rubio had exceeded his authority by categorically preventing officials from issuing visas based on applicants’ nationality. Four days later, another federal judge, Richard Leon, declared illegal a pause related to the “public charge” applied to certain diversity visa applicants.
However, the decisions did not eliminate the “public charge” criterion. The distinction established by the courts is between individually evaluating each applicant, which is allowed by law, and blocking entire categories without conducting that evaluation.
For now, those who had a scheduled interview receive emails informing them of the postponement and must wait for further communication. The Department of State has not set a definitive date for a return to normality.