Public Charge Bonds for Certain Immigrant Visa Applicants

The Department of State is currently using a pilot procedure that allows consular officers to require certain immigrant visa applicants to post a public charge bond. The process is intended to address cases where an applicant may otherwise be found inadmissible under INA § 212(a)(4), the public charge ground of inadmissibility.

This procedure does not apply to every immigrant visa applicant. Applicants who are required to post a bond will be notified by a consular officer.

What Is a Public Charge Bond?

A public charge bond is a financial guarantee intended to protect the government if an immigrant later becomes a public charge under applicable law.

The bond provides another potential path for an applicant who has been denied an immigrant visa under INA § 212(a)(4). If the bond is approved and the applicant is otherwise eligible for the visa, the consular officer may issue the immigrant visa.

Applicants should not assume that paying or applying for a bond guarantees visa approval. The applicant must still satisfy all other immigrant visa requirements and overcome any other grounds of inadmissibility.

Who Can Be Required to Post a Bond?

This process is currently being implemented only for select applications. There is no general application process through which every immigrant visa applicant can request a public charge bond.

If a consular officer determines that a bond may be required, the applicant will receive instructions regarding the bond process.

Applicants should follow those instructions carefully and provide any requested information or documentation within the required timeframe.

How Much Is the Bond?

There is no single fixed bond amount.

Under 8 CFR § 213.1(b), the consular officer determines the amount based on the totality of the circumstances of the individual case. The amount can therefore vary significantly between applicants.

Before proceeding, applicants should understand the financial obligation involved and the conditions under which the bond may later be canceled or forfeited.

Can the Bond Be Refunded?

Yes. The person who pays the bond may be able to receive the money back if the requirements for cancellation are satisfied.

However, the bond can also be forfeited under certain circumstances. The specific rules depend on the applicant's circumstances and compliance with the applicable requirements.

What Applicants Should Know

A public charge bond is an additional option being used in selected immigrant visa cases. It does not replace the applicant's obligation to establish eligibility for the immigrant visa.

If you receive a notice from a U.S. consulate requiring you to pursue a public charge bond, review the instructions carefully before taking action. Because the bond amount and applicable requirements depend on the individual case, applicants should understand their obligations before submitting the bond.

A currently valid visa is not affected by this pilot procedure.

If you have questions about a public charge bond or an immigrant visa case involving INA § 212(a)(4), contact Tran Flores Law at (512) 894-9984 for legal guidance.