New U.S. Visa Rules Target Medical Conditions and Financial Status
Canadian citizens applying for certain U.S. visas now face increased scrutiny of their medical history and financial situation under a new State Department directive. The policy, issued in early November, identifies chronic health conditions such as obesity, cancer, and diabetes as potential grounds for visa denial.
According to immigration lawyer Rosanna Berardi, managing partner at Berardi Immigration Law, the November 6 guidance instructs consular officials to treat various personal factors as red flags during the application process. The directive specifically mentions cardiovascular diseases, respiratory diseases, cancers, diabetes, metabolic diseases, neurological diseases, and mental health conditions as medical conditions that could lead to visa refusal.
What Constitutes a 'Public Charge' Risk?
The updated guidelines expand how U.S. officials assess whether applicants might become a public charge - someone who depends on government benefits. While U.S. immigration law traditionally defined this as someone likely to become primarily dependent on certain government cash benefits or long-term institutional care, the new interpretation casts a wider net.
Berardi explained that officers are now instructed to consider chronic health conditions, limited finances, low-skilled employment, limited English proficiency, prior public assistance, and weak affidavits of support as potential indicators that an applicant might strain American resources.
The internal cable obtained by KFF Health News explicitly states that certain medical conditions can require hundreds of thousands of dollars worth of care, making them significant factors in visa determinations.
Which Canadians Are Affected?
While approximately 99 percent of Canadians don't require visas for short-term U.S. visits, specific groups must go through the consular application process. According to Berardi, the affected categories include:
- E-1 and E-2 treaty applicants (Treaty Trader and Treaty Investor visas)
- K-1 fiancé(e) visa applicants
Short-term, visa-exempt visitors should see little change at the border, but those applying for residency face stricter evaluation. Berardi advises that applicants with notable medical conditions should be prepared to demonstrate strong financial capacity and private insurance to reduce their risk of refusal.
The guidance emphasizes that officers must scrutinize medical exams more closely and weigh these factors heavily in the totality of circumstances, effectively raising the bar for applicants with significant health issues and modest financial resources.
