So far, to apply for a tourist visa to travel to the United States, the foreigner must basically demonstrate two requirements: that he has the ability to finance the trip and the stay, and that he will not stay beyond the allowed time.
–
But as of February 24 a new regulation enters into force that adds up to 18 new requirements and in each of them the traveler must demonstrate that it will not become a ‘public charge’.
–
“It has always been one of the requirements to show that the person has resources, that they have to pay for a round trip ticket to the United States and that the stay will be paid during the entire time of authorized stay,” says José Guerrero, a lawyer Immigration practice in Miami, Florida.
–
“However, as of February 24, things will change. And the hardest thing will be to show that the person is not going to become a ‘public charge’ taking into account a series of new factors, not only if he has resources to pay the arrival and departure ticket, ”he adds.
–
“The new regulation includes a large section of inadmissibility that it has 20 chapters. Now the equation will be more difficult. And consular officials, as well as immigration agents, they will have greater discretion to reject a request or an entry into the country through a port of entry, ”says Gierrero.
–
The rules
The new final public charge rule was announced on January 30 by the Department of Homeland Security (DHS). The norm is supervised by the Office of Citizenship and Immigration Services (USCIS) together with the Department of State (DOS), when it corresponds to consular procedures.
–
As regards the determination of public charge, the regulation includes a list of “merits” that must be drawn during the process.
–
The government warns that it will be the total sum of all of them that allow the official to grant or deny a migratory benefit, such as a tourist visa and even permanent legal residence ( green card or green card).
–
These are the main requirements to access an immigration benefit:
—
