The Totality of Circumstances at US Consulates

Continuing on the topic of public charge (an individual who is likely to become dependent on the United States government), the USCIS officer will use the totality of circumstances to determine whether or not the individual has the potential to be classified as a public charge. In other words, the officer will take into account different things such as age, health, family status, skills, education, etc. However, the USCIS officers in the U.S. are under the guidelines set by the Department of Justice, meanwhile the U.S. consulates are under the direction of the Department of State. 

Due to the different sets of guidance to follow, an individual’s risk of being classified as a public charge depends on whether they are applying for adjustment of status (inside of the United States) or applying for admission through a consular processing (at a consulate abroad). 

• What is a consular processing? 
  • The applicants who are required to attend an interview abroad since they are living outside of the United States or individuals who are currently living in the United States and are not eligible for adjustment of status, but can immigrate with a family or employment petition.
    • E.g. Individuals who want to receive an immigrant visa for permanent residency or nonimmigrant visa to visit the U.S.
    • E.g. An individual who entered the United States without inspection (such as by foot) who marries an American citizen and wants to petition to become a permanent resident.
• What is adjustment of status?
  • Individuals who can apply to become permanent residents without leaving the United States.
    • E.g. An individual who entered the United States with inspection (such as a tourist visa) who married an American citizen and wants to petition to become a permanent resident.