Potential Grounds of Inadmissibility -

TN Visa Status / Green Card Applicants

 

The Public Charge Ground. INA § 212(a)(4).

Foreign citizens falling under the following public charge grounds may not receive a visa or gain admission to the U.S. under any status, including TN visa status, except as otherwise provided:

1. Likely To Become A Public Charge.

a. Generally:

  • Inadmissible: Any foreign citizen who a U.S. immigration officer considers is likely at any time to become a public charge. Factors considered include: age; health; family status; assets, resources, and financial status; and education and skills.
  • A “public charge” means a foreign citizen who has become or who is likely to become primarily dependent on the government for subsistence.

b. Family-Sponsored Immigrant (Green Card) Applications:

  • Inadmissible: Any foreign citizen who seeks admission to the U.S. with an immigrant visa or wishes to file for adjustment of status as an Immediate Relative (children, spouse, parent of U.S. citizen) or under one of the Family-based Preference categories.
  • Exceptions: Sponsor of family petition must execute an Affidavit of Support as provided under INA § 213A. Also an exception for certain foreign citizen spouses or children subject to domestic abuse.

c. Certain Employment-Based Immigrant (Green Card) Applications:

  • Inadmissible: Any foreign citizen who seeks admission to the U.S. with an immigrant visa or wishes to file for adjustment of status based under an Employment-based Preference categories filed by a relative of the foreign citizen or an entity in which the relative has a significant ownership interest.
  • Exceptions: The relative must execute an Affidavit of Support as provided under INA § 213A.

2. Additional Information: