The Department of State issued a 60 day notice period to collect information and comments regarding a Public Charge Questionnaire (Form DS-5540). The DS–5540 will be used to collect more detailed information on an applicant’s ability to support himself or herself.
In the proposed rule, immigrant visa (green card) applicants will need to submit this form as part of their applications. However, consular officers would also have authority to request this information to process nonimmigrant visa petitions.
Comments will be accepted until December 23, 2019. The Public Charge Questionnaire is a form that will be used by consular officers to determine whether visa applicants are likely to become public charges and are thus inadmissible for a visa under INA §212(a)(4)(A).
So, what does this mean for you? Given the notice period, the Public Charge Questionnaire will not be put in use by consular officers until at least 2020. However, this form may become an obstacle for visa applicants in the future.
If you have any questions, please contact Ayla Adomat at ayla@adomatimmigration.com.
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