Can Health Issues Jeopardize Your Visa Application to the United States?
The public charge rule has played a major role in immigration eligibility for over 100 years. The rule
outlines noncriminal factors that may lead to an applicant’s inadmissibility; it allows the government to deny visas and green cards for individuals it believes may not be able to financially support themselves.
It also introduced a new standard, which did not just depend on whether or not the applicant was already using these public benefits, but also on the probability that they would need to rely on them in the future.
A public charge determination is largely discretionary; it requires immigration officers to look at many factors to make their decisions, including but not limited to: age, financial status, family status, etc.
Although medical conditions have always been a public charge factor, recent changes in the
determination standard have increased the possibility of inadmissibility. One of the major shifts is how
financial independence is calculated; officers are now being asked to consider if the applicant can pay for their medical expenses for their whole life. This allows officers more power to determine whether or not health conditions will potentially become a public responsibility. In the past, the ability to work or be financially independent was the main factor in their decision; the new 2025 framework addresses chronic diseases as a whole.
This means that certain common chronic diseases may disqualify an applicant even if
it does not currently affect their financial status. Common diseases like obesity, diabetes, and mental
illness, which don’t typically affect people's work, may still be considered as a potential public charge in the future.
What benefits make you inadmissible?
Not all benefits that you may need are considered inadmissible— there are 2 kinds of government
assistance, and only 1 category applies. Non-cash benefits are not considered a public charge; this
includes the following.
(1) Most healthcare programs: emergency and non-emergency Medicaid, CHIP, low-cost clinics, and more will not make you inadmissible; however, there is 1 exception: if you use Medicaid for long-term institutionalization, this may make you inadmissible. Examples of long-term institutionalization are: staying in a nursing home, a mental health facility, or ongoing institutional care paid by the government.
(2) Food/nutrition programs: SNAP/food stamps, WIC, and food pantries/banks.
(3) Housing programs: Section 8, public housing (Project-based rental assistance), and emergency
shelters.
(4) Employment/income programs: Tax credits, unemployment insurance, and workers' compensation.
(5) Education/child care programs: Public school, Head Start, and child care subsidies.
(6) Other non-cash benefits: Transportation vouchers, LIHEAP, and disaster/emergency assistance. What makes you inadmissible (including long-term care) are cash programs.
These programs are: SSI, TANF, and any “general assistance programs”. Although these are the current programs outlined, with the new rule, it may include non-cash benefits; the programs most likely to be affected are Medicaid, SNAP, and Section 8.
If you are worried about whether or not your need for these programs will affect your application, you
should contact an immigration attorney as soon as possible. Receiving any kind of assistance could harm your application under the new standard.
