U.S. Department of State consular officers decide who receives visas at U.S. embassies and consulates abroad, while the U.S. Department of Homeland Security determines who is admitted to the United States and who may adjust status once inside the country.
November 06, 2025
high
process
Division of responsibilities between federal agencies for visa issuance and admission/adjustment.
Public charge determinations are made by consular officers based on a 'totality of the applicant's circumstances' without a single 'bright-line' test, and the burden of proof for demonstrating non‑inadmissibility rests with the applicant.
November 06, 2025
high
policy
Standard applied when assessing whether an applicant is likely to become a public charge.