Have you ever been visa refused under INA 212(a)(4)?

Have you ever been visa refused under INA 212(a)(4)?

The section of INA 212(a)(4) stands for a “public charge” and if the visa application was refused by this section, it means that the consular officer determined that the applicant is likely to become a public charge in the United States.

Why It Matters?

Most immigrant visa applicants are required to submit a financial support (affidavit of support) from their U.S. petitioner who filed their petitions for the applicant (beneficiary). If U.S. petitioner does not provide the sufficient documentation showing they meet the qualification requirements of financial support, the visa could be denied for this factor. However, the visa applicant may submit joint financial support from other qualifying joint sponsors. The visa officer will review the additional evidence to determine whether it is sufficient to overcome the initial visa ineligibility under section 212(a)(4).

Please note that certain categories of immigrant visa applicants are not required to have a financial support. For example: most employment-based applicants and diversity visa lottery applicants.

Is this refusal permanent?

By the law under this section 212(a)(4), the consulate officer can deny visa application unless the applicant presents a sufficient financial support (affidavit of support) from their U.S. petitioner. However, visa refusal under this section can be overcome by providing necessary financial documentation showing the applicant will have financial support in the United States such as a job offer in the United States; letter from the U.S. petitioner stating they have sufficient financial fund for the applicant in the United States.

Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.