In November 2025, the U.S. Department of State (DOS) issued new instructions for consulates and embassies worldwide on how to evaluate the public charge rule when reviewing visa applications. Although these guidelines have not been officially published, it is known that they only affect individuals applying for visas from outside the United States and do not change the Department of Homeland Security (DHS) policy for those adjusting status within the country.
Many applicants are now seeking professional support, and in cities like Miami, it is common for an immigration lawyer in Miami to help interpret these changes.\
What Is Changing?
Consular officers must now evaluate additional factors related to the applicant’s health, financial situation, and future employability. Among other points, the guidance:
- Expands the medical conditions that must be considered (including chronic illnesses and conditions such as obesity).
- Allows officers to analyze whether the applicant could cover long-term medical treatment without government assistance.
- Authorizes them to consider future medical scenarios, even speculative ones.
- Requires them to take into account the health and needs of the applicant’s dependents.
- Instructs officers to examine financial resources, insurance policies, and actual employability in the U.S.
- Adds English proficiency as a relevant factor.
- Reduces the weight historically given to the Affidavit of Support.
These new guidelines may lead to stricter and more variable evaluations depending on each consular officer.
Who Is Affected?
- Immigrant and nonimmigrant visa applicants outside the U.S.
- Individuals who must leave the country to complete their residency process.
Applicants processing within the United States before USCIS are not affected by this guidance.
What Can Applicants Do? Practical Solutions
These recommendations can help strengthen a case before the consulates:
1. Prepare clear and complete medical documentation
- Bring well-prepared reports from treating physicians.
- For chronic conditions, provide evidence of stable treatment and controlled prognosis.
- Include proof of international medical insurance or plans to cover expenses.
2. Strengthen financial evidence
- Provide bank statements, employment letters, work history, assets, and proof of economic stability.
- Show how medical expenses would be covered without using public benefits.
3. Demonstrate a realistic employment plan in the U.S.
- For immigrant visas: show previous work experience, professional training, certifications, or credential evaluations.
- For nonimmigrant visas: show strong ties to the home country and a clear purpose of travel.
4. Prepare an organized summary for the consular officer
A well-structured and easy-to-understand package can facilitate the interview and reduce misunderstandings.
5. Consult with an immigration lawyer
Particularly important for people with:
- Medical conditions,
- Dependents with special needs,
- Complex immigration history,
- Limited financial resources.
An immigration lawyer in Miami, or in any city with consular experience, can help prepare a stronger and more strategic case.
Final Message to the Community
The new Department of State guidance does not mean that all visas will be denied, but it does imply a more detailed and, in some cases, more demanding process. Being well prepared can make a significant difference. Strong documentation, clear financial evidence, and professional guidance increase the chances of a fair evaluation.