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Can a diversity visa refused on public charge grounds be reconsidered with additional sponsors?
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Hi, I have an immigration question. My sister-in-law has been accepted for the Diversity Visa 2026 draw. The family consists of 6 people (2 parents and 4 kids). They had their interview on 04/14. They heard back on 04/26 that their visa has been refused due to “public charge.” Is it possible to submit new I-134 forms that include more “sponsors”? Can you advise me on what I can do?
I understand how concerning it can be to navigate visa issues, especially with a family involved. Have you or your sister-in-law already gathered any additional financial documentation or potential sponsors for the I-134 forms?
In total there are 4 potential sponsors. I’m handling everything in this case for my family.
Has your sister-in-law received any specific feedback from the consulate regarding the reasons for the public charge determination?
Yes, on 04/26 they received a “refusal worksheet” for her and the other family members. I can submit a copy to you.
Is there anything else the Immigration Lawyer should know before I connect you? Rest assured they'll be able to help with your visa refusal.
I don't know.
Hello! I am Clay H. Greenberg, an immigration attorney with several years’ experience, and I will be assisting you with your question today. Just a note, our conversation is for general legal information only and does not establish an attorney-client relationship. I understand your sister-in-law was refused a U.S. immigrant visa due to the public charge ground of inadmissibility. Is that correct?
On the “refusal worksheet” they gave her, “Section 212(a)(4), which prohibits the issuance of a visa to anyone likely to become a public charge,” was selected.
OK, thank you for confirming that. Did the consulate give any more detail about why they made the 212(a)(4)?
No, it was just checkmarked. I wanted to submit another I-134 because we have additional people who are willing to sponsor.
I see. There are many reasons why a 212(a)(4) finding could be reached beyond just the I-134. If there was an issue with the I-134, then your sister-in-law would likely have to file a new immigrant visa application at this point.
What do I do in this case? What does that mean, to make a whole new application? Does that mean paying the visa fee again?
Your sister-in-law can attempt to contact the U.S. consulate and submit the additional evidence (22 CFR 42.81(e)). However, it is not guaranteed that this will resolve the issue. Keep in mind that the visa must be issued no later than September 30 (8 U.S.C. 1154(a)(1)(I)(ii)(II) (INA 204)). After that, the diversity visa may no longer be issued (22 CFR 42.33(a)(1)). If the consulate does not issue the visa by September 30, then she will have to enter the lottery again.
Okay, I understand. I have another question. My mom and I are U.S. citizens. What other options do we have to bring my brother and his family to the U.S. if the diversity visa doesn’t work?
Apologies, but in the meantime, do you have any other questions about the public charge refusal, specifically?
I guess in the meantime I just have to have the sponsors fill out the I-134 form and try to submit that to the U.S. consulate?
Yes, you can try that.
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