The Trump administration is reportedly considering a new initiative that could require certain applicants seeking U.S. permanent residence applying for an IMMIGRANT VISA via consular processing to post a refundable bond of up to $100,000. The proposal is reportedly being developed by the U.S. Department of State as part of a broader effort to determine whether intending immigrants are likely to become dependent on government assistance after entering the United States.

At this time, however, the $100,000 bond is only a proposal under consideration. No final rule, official list of affected countries, or implementation date has been announced.

Who Could Be Required to Post the Bond?

Based on the information currently available, the initiative would apply to certain people completing immigrant visa processing outside the United States through a U.S. embassy or consulate.

These applicants generally include people who have been approved for an immigrant category, such as:

Spouses, parents, children, or siblings of U.S. citizens;
Spouses and unmarried children of lawful permanent residents;
Employment-based immigrant visa applicants;
Diversity Visa applicants; and
Other applicants seeking immigrant visas through consular processing.

The proposal may initially be tested with applicants from a limited number of countries. The government has not yet identified which nationalities, immigrant visa categories, financial circumstances, or other factors would trigger the bond requirement.

Would the $100,000 Bond Apply to Adjustment of Status Applicants?

Based on current reports, the proposed initiative is directed at immigrant visa applicants processing abroad, not applicants filing Form I-485 to adjust status from inside the United States.

Therefore, a person applying for a green card through adjustment of status with USCIS is not presently subject to this proposed $100,000 State Department bond initiative.

This distinction is important:

Consular processing is handled primarily by the Department of State at a U.S. embassy or consulate abroad.
Adjustment of status is handled by USCIS for eligible applicants who are physically present in the United States.

USCIS may separately evaluate whether an adjustment applicant is inadmissible under the public-charge ground. However, there is currently no general rule requiring I-485 applicants to submit a $100,000 bond.

The government already has statutory authority in limited public-charge cases to permit an otherwise admissible immigrant to proceed after a suitable bond is posted. That authority can apply in the immigration context, but it does not mean that every immigrant visa or adjustment applicant must post a bond.

Who Would Pay the Bond?

The immigrant visa applicant could potentially post the bond. Reports also indicate that a relative may be permitted to post the bond on the applicant’s behalf.

In a family-based immigration case, this means the money might come from:

The intending immigrant;
The U.S. citizen or permanent resident petitioner;
A joint sponsor;
Another family member; or
A qualifying bond provider, depending on the final rules.

The U.S. citizen or green card holder who filed the family petition would not necessarily be legally required to provide the entire $100,000 simply because they are the petitioner. Nevertheless, many applicants would likely depend on their U.S. relatives to help obtain or post the bond.

Is the $100,000 a Fee?

The proposed amount would be a bond rather than a permanent government filing fee.

A filing fee is generally paid to the government and is not returned. A bond is posted as financial security to guarantee compliance with specified conditions.

The final conditions of this proposed program have not been published. Under existing public-charge bond regulations, a bond may potentially be cancelled after the immigrant:

Becomes a U.S. citizen;
Permanently leaves the United States;
Dies; or
Reaches the fifth anniversary of admission or adjustment of status without violating the bond conditions and properly requests cancellation.

The bond could potentially be considered breached if the bonded immigrant receives certain forms of public cash assistance or long-term institutional care at government expense. The exact requirements of any new $100,000 program could be different and cannot be confirmed until the government publishes an official policy.

How Is This Different From the Affidavit of Support?

The proposed bond would be separate from the Form I-864 Affidavit of Support required in most family-sponsored immigrant cases and some employment-based cases.

Through Form I-864, the financial sponsor enters into a legally enforceable agreement to financially support the intending immigrant and, in certain circumstances, reimburse government agencies for qualifying means-tested public benefits.

A $100,000 bond could create an additional financial requirement on top of:

Form I-864 sponsorship requirements;
National Visa Center fees;
Immigrant visa application fees;
Medical examination expenses;
USCIS immigrant fees; and
Other immigration-related expenses.

Even when an applicant submits a sufficient Form I-864, a consular officer may still consider the applicant’s overall circumstances when evaluating public-charge inadmissibility.

What Factors Could the Government Consider?

Public-charge determinations generally involve an evaluation of the applicant’s individual circumstances. Depending on the applicable rules, officers may consider factors such as:

Age;
Health and medical conditions;
Family size;
Income and financial resources;
Assets and liabilities;
Education;
Employment history;
Job skills;
Health insurance;
The petitioner’s or sponsor’s financial evidence; and
Whether the applicant is likely to depend on government assistance.

The proposed bond appears intended to provide additional financial security in cases where the government believes an applicant may present a higher risk of becoming a public charge.

Not Every Immigrant Is Subject to the Public-Charge Ground

Certain humanitarian and protected immigration categories are generally exempt from public-charge inadmissibility, including many:

Refugees;
Asylees;
VAWA self-petitioners;
U visa applicants;
T visa applicants; and
Other applicants specifically exempted by law.

Eligibility for an exemption depends on the person’s immigration category and the particular benefit being requested.

What Should Green Card Applicants Do Now?

Applicants should not panic or assume that they must immediately pay or reserve $100,000. The proposal has not yet become a formal, generally applicable requirement.

People preparing for immigrant visa processing should nevertheless begin organizing strong evidence of financial stability, including:

Properly completed Affidavits of Support;
Federal tax returns and IRS tax transcripts;
Employment verification letters;
Recent pay statements;
Bank and investment records;
Property and other asset documentation;
Proof of health insurance or anticipated coverage;
The applicant’s education and professional credentials; and
Evidence of expected employment in the United States.

Applicants should also avoid making major immigration or financial decisions based solely on social media posts or news headlines. The scope of the proposal could change substantially before any official program is implemented.

Speak With an Experienced Immigration Attorney

As of today, this is only a PROPOSAL, not a new rule or a new law. The proposed $100,000 bond could create a significant financial obstacle for some families applying through U.S. consulates abroad. Whether the initiative becomes effective, which applicants will be affected, who may post the bond, and how the bond may be cancelled will depend on the final government policy.

Shepelsky Law Group will continue monitoring this proposal and other changes affecting family-based immigration, employment-based immigration, immigrant visas, adjustment of status, and public-charge determinations.

For an individualized immigration consultation, contact Shepelsky Law Group at (718) 769-6352 or visit www.ShepelskyLaw.com.

This article is provided for general informational purposes and does not constitute legal advice. Immigration policies may change, and every case must be evaluated based on its individual facts.