When someone wants to enter the United States, they must first obtain a visa that gives a reason for entry. When they apply for a visa, understanding what will influence the United States Cizitzenship and Immigration Services’ decision to permit them into the country is necessary. One of the most important considerations will be whether or not the applicant will be able to financially support themselves or if they will become a “public charge.” If you’re unfamiliar with what this means, you’ll want to keep reading to learn more about the rules and how a New York City immigration lawyer can assist you through these matters.
What Does “Public Charge” Mean?
Generally, a public charge is someone who relies on public government benefits. This can include Social Security, Supplemental Security Income, or food stamps. These people do not earn enough income to cover their basic needs.
In terms of immigration, the United States is within its rights to deny anyone applying for a visa on the grounds that they may become a public charge. Generally, if the United States Citizenship and Immigration Services (USCIS) has reason to believe that an applicant would be reliant on government programs.
Is There Any Way I Can Circumvent This?
Generally, if you are applying for a work visa, you will not be denied for this reason as you have proof of employment.
However, for others, different visas can help you gain entry if you would otherwise be denied. If you have family in the United States, you may be able to apply for a family-based visa. This is because the family member can sponsor your immigration by filing a Form I-864, Affidavit of Support. Essentially, this means they vow to financially support you in the event you need financial assistance.
If applying for a visa via the Violence Against Women Act (VAWA), the public charge rule is waived. This is because the government understands that victims of abuse may not have the means to support themselves, allowing them to rely on benefits.
How Can an Attorney Help Me?
When you need assistance, connecting with an experienced attorney can help you through these matters. It’s no secret that applying for a visa can be incredibly complex, so letting a lawyer with legal experience help guide you through these issues is critical.
Not only can a lawyer help you apply, but they can also represent you in the event your visa is denied. Trying to dispute this on your own can be incredibly overwhelming, so letting someone with legal knowledge give you the best chance possible at obtaining a favorable outcome.
At the Law Office of Jason A. Dennis, we understand how frustrating this process can be. That’s why our dedicated legal team will do everything possible to help you through these complex matters. Contact us today to discuss your circumstances.
