Rosanna Berardi, Esq., managing partner of Berardi Immigration Law, was recently featured in The National Post discussing a significant shift in how U.S. consular officers may evaluate visa applications from Canadians with certain health conditions.
The article highlights a newly issued State Department directive instructing consular officials to more closely scrutinize applicants who may be considered at risk of becoming a “public charge.” According to reporting from KFF Health News and The National Post, officers are now told to treat chronic health conditions, limited finances, low-skilled employment, limited English ability, and weak affidavits of support as potential red flags.
“Short-term, visa-exempt visitors should see little change at the border,” Rosanna explained in the piece. “Applicants with notable medical conditions should be prepared to show strong financial capacity and private insurance to reduce the risk of refusal.”
Rosanna emphasized that while the legal definition of a “public charge” has not changed under U.S. immigration law, the Nov. 6 guidance from Secretary of State Marco Rubio effectively raises the bar for individuals who must undergo consular review, especially those with cancers, cardiovascular disease, diabetes, respiratory conditions, metabolic disorders, or other potentially costly long-term health needs.
This increased scrutiny won’t affect the vast majority of Canadians, who continue to enter the United States without a visa. But for the smaller pool (such as E-1 Treaty Traders, E-2 Treaty Investors, K-1 fiancé(e) visa applicants, and immigrants applying for family- or employment-based visas) the impact may be significant. Permanent residents of Canada, who do require visas to enter the U.S., are likely to feel these changes more.
Rosanna’s analysis underscores Berardi Immigration Law’s leadership in tracking regulatory shifts and guiding clients through an immigration landscape that continues to move quickly and sometimes unpredictably.
Read the full National Post article here:
https://nationalpost.com/news/canada/canadians-visa-denial-obesity-medical-conditions
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