Public Charge Bonds for Immigrant Visa Applicants: A Plain-Terms Look for Boston Families
A consular officer who concludes that an immigrant visa applicant is likely to become a public charge refuses the visa under section 212(a)(4) of the Immigration and Nationality Act, and the applicant may try to overcome that refusal with additional evidence. The Department of State now describes another path. Its notice on public charge bonds, last updated August 5, 2026, explains that consular officers may require certain applicants to apply for a bond through USCIS.
How the Bond Fits In
The notice says an applicant can try to overcome a public charge denial by submitting evidence that the applicant is not likely to become a public charge after admission. The bond is described as an additional method. If a bond is approved, a consular officer may issue a visa that was previously denied under section 212(a)(4), provided the applicant is otherwise eligible.
The Department states that the procedure is currently used under a pilot program and applies to select applications. Applicants who must post a bond are notified by a consular officer. The notice also says the procedure does not affect currently valid visas.
Who Sets the Amount
Under 8 C.F.R. 213.1(b), the consular officer sets the amount of a bond requested at the visa stage. The Department says officers base the amount on the totality of the circumstances in each case. The regulation at 8 C.F.R. 213.1(c) requires a bond to be executed on a USCIS form and to be no less than $1,000.
The same regulation allows USCIS to accept a bond on a consular officer’s direct request, or when an interested person presents the officer’s notification. In other words, the person who pays is not always the applicant. The Department’s FAQ says the person who pays can recover the money in some circumstances and refers readers to the USCIS Policy Manual’s chapter on maintaining, substituting, and canceling bonds for the details, including when a bond is forfeited.
What Happens at USCIS
The bond is filed on Form I-945, but USCIS says the form is only for people it has notified may submit a bond. USCIS will reject the form if no such notice was sent. USCIS’s form page says a filing must include a copy of the USCIS communication inviting the bond, along with the cash or surety bond in the amount that communication specifies. USCIS describes the bond as security for the bonded person’s financial obligations to the U.S. government.
Because immigration law is federal, a family in Boston, Massachusetts encounters the same notice, regulations, and forms as a family anywhere else. What varies from case to case is how a consular officer weighs the facts.
Questions About a Bond Request
If a consular officer has raised a public charge concern in your relative’s case, the details matter. The Law Office of Jason M. Sullivan provides legal representation to those in Portsmouth, New Hampshire and Miami, Florida. We know the process for requesting a visa or adjustment of status is confusing, so we simplify everything for our clients. Contact our office today to schedule a consultation with an immigration lawyer.
Source:
travel.state.gov/content/travel/en/News/visas-news/public-charge-bonds-for-immigrant-visa-applicants.html