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How the New $100,000 Immigration Bond Could Affect Your Green Card

How the Proposed $100,000 Immigration Bond Threatens Your Green Card

The Trump administration is reportedly considering a new initiative. It could require certain immigrant visa applicants to post a refundable immigration bond of up to $100,000. The U.S. Department of State is developing the proposal as part of a broader effort to assess whether intending immigrants may become dependent on government assistance. This immigration bond proposal has not yet become law. No final rule, official list of affected countries, or implementation date has been announced.

Who Could Face the $100,000 Immigration Bond Requirement?

Based on current reports, the initiative would apply to certain people completing consular processing outside the United States through a U.S. embassy or consulate. Applicants who could be affected include:

  • 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
  • Other applicants seeking immigrant visas through consular processing

The proposal may initially apply to 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.

Does the Immigration Bond Apply to Adjustment of Status Applicants?

No. Based on current reports, the proposed initiative targets immigrant visa applicants processing abroad. It does not apply to applicants filing Form I-485 to adjust status from inside the United States.

This distinction matters:

  • Consular processing happens at a U.S. embassy or consulate abroad
  • Adjustment of status happens through USCIS for eligible applicants already in the United States

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

Who Would Pay the Immigration Bond?

The immigrant visa applicant could potentially post the bond. Reports also indicate that a relative may post the bond on the applicant’s behalf. In a family-based immigration case, the money might come from:

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

The U.S. citizen or green card holder who filed the family petition does not have the requirement to provide the entire $100,000. However, many applicants would likely depend on their U.S. relatives to help obtain or post the bond.

Is the $100,000 Immigration Bond a Fee?

No. The proposed amount would be a bond rather than a permanent government filing fee. A filing fee goes to the government and does not go back to you. A bond posts as financial security to guarantee compliance with specified conditions.

The final conditions of this proposed program remain unpublished. 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
  • Reaches the fifth anniversary of admission or adjustment of status without violating 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.

How Is This Different From the Affidavit of Support?

The proposed bond would be separate from the required Form I-864 Affidavit of Support for most family-sponsored immigrant cases. Through Form I-864, the financial sponsor enters into a legally enforceable agreement to financially support the intending immigrant.

A $100,000 immigration 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 with 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. Officers may consider age, health and medical conditions, family size, income and financial resources, assets and liabilities, education, employment history, job skills, health insurance, and the petitioner’s or sponsor’s financial evidence.

The proposed immigration 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. Learn more about how the new public charge rule works.

Who Is Exempt From the Immigration Bond and Public Charge Rules?

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

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

What Should Green Card Applicants Do Now?

Applicants should not panic or assume 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 begin organizing strong evidence of financial stability, including:

  • Properly completed Affidavits of Support
  • Federal tax returns and IRS tax transcripts
  • Employment verification letters and 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
  • 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. According to Reuters, the scope of the proposal could change substantially before the implementation of an official program.

Contact Shepelsky Law Group About Your Immigration Case

As of today, this is only a proposal — not a new rule or a new law. The proposed immigration 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 all 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 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.