For those applying for visas, times are bleak. Visa suspensions, pauses, bans, delays, denials. Consuls applying new over-the-top visa policies; targeting applicants who had no problems receiving visas in the past; and re-opening issues from 10/20/30 years ago, issues that had previously been reviewed and resolved. And so this is a good time to remember your visa rights.
ContinueJust when you thought that “Trump’s Team” had exhausted its creativity for denying visas, they came up with a new “rationale.” On November 6, 2025, the Department of State Department instructed their consular officers to deny both immigrant and nonimmigrant visas based on a wide range of medical conditions, including obesity, diabetes, cardiovascular disease, metabolic disorders, and mental health conditions. The legal basis? Section 212(a)(4)(A) of the Immigration and Nationality Act, which allows a consular officer to deny a visa to anyone who after entering the United States is “likely at any time to become a public charge.”
In the past only immigrant visa applicants underwent medical examinations. And those examinations were limited in scope to the most serious of medical problems and transmissible diseases. The idea was to ensure that the immigrant visa applicant was not a danger to Americans and would not become a public charge, i.e., using taxpayer money for medical treatment. Now, nearly all visa applicants can be subjected to a comprehensive consular assessment: in light of this applicant’s health and age, is it likely that they will incur medical costs in the US? If so, in light of the applicant’s finances, education, employment prospects, English ability, age, and family situation, how will they pay for those expenses?
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