Applicants Scheduled for Interviews at Consular Posts Should Prepare Documents for DOS Public Charge

As stated in last week’s Business Immigration Update, the Department of State (“DOS”) began implementing its Interim Final Rule on Public Charge on February 24, 2020. The DOS updated its website announcing that certain applicants may be asked to present or complete a DS-5540 at the visa interview. Immigrant visa applicants are encouraged to complete the DS-5540 in advance. If a consular officer can assess the public charge favorably for the applicant without a form, then the applicant will not be required to present the form. If a consular officer determines that he or she needs information collected in a DS-5540 and the visa applicant does not have that information readily available, then the applicant will be given an opportunity to provide the needed information.

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