Pushing back against a public charge refusal under the prior administration
LSSNY’s Immigration Legal Program has served many clients in their efforts to reunite with family. Recently, we assisted a longtime client of ours, a Lawful Permanent Resident, petition for her husband. Their chances at reuniting in the U.S. were nearly curtailed by the Trump Administration’s Public Charge Rule after an initial denial during consular processing. However, following the reversion to prior public charge standards, basic advocacy at the embassy stage allowed them to overcome a refusal and begin their life together in New York.
The I-130 petition was approved in October 2017, a visa was available immediately, and we submitted financial and civil documents to the National Visa Center through the Consular Electronic Application Center (CEAC) in February 2019. Our client did not make enough money to sponsor her husband independently, so we submitted an Affidavit of Support from a Joint Sponsor. The Beneficiary was scheduled for an interview at the Embassy in May 2019, which reportedly went well. Then, however, the case remained in administrative processing for a year and a half, during which time the Petitioner was asked to submit further civil documentation as well as evidence of the relationship between the Joint Sponsor and Beneficiary. This evidence was submitted; however, two rounds of supplemental document submission yielded a disappointing refusal in January 2020. The Beneficiary’s visa was refused due to concerns of him becoming a public charge under INA 212 (a)(4)(A) despite the completion of a qualifying affidavit of support.
Following the reversion to the prior public charge regime, in October 2021, we wrote to the embassy requesting a reconsideration of the case. We highlighted the decision in Make the Road New York et al v. Blinken et al, enjoining the Department of State's October 2019 interim final rule and January 2018 FAM guidance on public charge, and President Biden’s February 2, 2021, Executive Order 14012 which directed the Department of State, the Department of Homeland Security, and the Justice Department to review their public charge policies. We further emphasized the client’s hope to reunite with her husband.
In less than a week, we were invited to re-submit financial documentation to overcome the public charge ineligibility decision. We submitted new financial documents and an updated Affidavit of Support for the same Joint Sponsor. A little over a month later, in January 2022, the Embassy notified the Beneficiary that she was now able to overcome the public charge refusal. A new interview date was set, and we advised the client that her husband should be prepared to discuss his relationship with the joint sponsor. Shortly following her husband’s interview, the client informed us the visa had been approved.
We are thrilled for our client, who may continue her life in the U.S. without the stress of separation from her husband. We hope others who encountered similar decisions while the prior public charge standard was in effect may overcome these refusals.
