Trump Expands ‘Public Charge’ Rule for Visa Health Checks

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Remzi G. Kulen
11 Jan 2023
Our law firm specializes in providing comprehensive legal support for corporations, startups, and businesses of all sizes.

A Major Shift in U.S. Immigration Policy

In November 2025, the Trump administration introduced new guidance expanding the definition of “public charge” — a key ground for denying U.S. visa applications.
For the first time, consular officers can deny entry to immigrants or visa applicants who have certain medical conditions such as diabetes, obesity, heart disease, or mental health disorders.

The directive instructs officers to judge not only current health but also future medical risks. Applicants can now be refused if they are seen as “likely to require costly care” or could “become a financial burden” on the U.S. healthcare system.

What’s Changing

Before this update, the public charge rule mainly covered financial dependency or use of public benefits.
Now, the assessment includes:

  • The applicant’s age and general health

  • Any chronic or mental health conditions

  • Family members’ medical history

  • Estimated future need for treatment or support

This gives visa officers far more discretion to decide whether an applicant could someday depend on public health services — even if they are financially self-sufficient today.

Who Could Be Affected

The new policy applies to both immigrant and non-immigrant visa applicants, including:

  • Family-based green card seekers

  • Employment-based applicants

  • Temporary workers, students, or visitors with known medical issues

It may also indirectly affect family members of applicants with chronic conditions, since officers can consider household medical costs when determining “public charge” risk.

Why It’s Controversial

Critics call this a health-based exclusion policy that discriminates against vulnerable groups.
Human rights advocates and immigration lawyers warn that the rule could:

  • Penalize older immigrants or those with disabilities

  • Discourage people from seeking medical care abroad

  • Create fear among families managing long-term illnesses

  • Introduce bias and inconsistency in visa adjudications

Public health experts also note that conditions like diabetes or obesity are manageable, and denying entry based on these factors ignores medical progress and modern care options.

Expert and Legal Reactions

Organizations such as the American Immigration Lawyers Association (AILA) and Migration Policy Institute have criticized the move, arguing it lacks clear medical standards.
Several legal analysts expect court challenges if the rule results in broad denials that contradict equal-protection or disability-rights principles.

What Applicants Should Do

If you or your family members are applying for a U.S. visa and have a chronic condition, here are key steps:

Bring detailed medical documentation proving stability and treatment compliance.
Show evidence of financial capacity — savings, insurance, or employer-sponsored care coverage.
Include proof of ongoing employment or support to counter “public charge” assumptions.
Consult an experienced immigration attorney before your interview if any medical condition may raise questions.

Global Impact

The rule is expected to affect applicants worldwide, particularly in regions where chronic diseases are common — including the Middle East, South Asia, and Latin America.
Medical-tourism patients, retirees, and family-based applicants are expected to face the highest scrutiny in U.S. consulates abroad.

Conclusion

The expanded public charge rule marks a significant departure from traditional U.S. immigration practice.
By linking health conditions to visa eligibility, it shifts immigration policy from a question of economic independence to a prediction of medical cost and risk.

Applicants and employers should prepare carefully, stay informed about ongoing court developments, and ensure medical and financial records are transparent and complete before any U.S. visa interview.

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