State Department Considers $100k Bond for Some Green Card Applicants

The United States Department of State is reportedly weighing a new rule which would require some green card applicants to put down a bond as high as $100,000 as part of the application process. While still under deliberation, such a rule would make it dramatically more difficult for many applicants to be able to become lawful permanent residents. This is only the latest of a series of rules proposed by the Trump Administration, which seem aimed at making it increasingly difficult for immigrants to obtain legal status and become citizens.

New Rule Would Impose Up to $100,000 Bond on Green Card Applicants Abroad

Under the rule being considered by the State Department, anyone who sought a green card through a US consulate abroad would be forced to put down as much as $100,000 as part of the application process. If the applicant could not put down the money themselves, a relative could put up the bond. Additionally, provided the applicant completed the process successfully, the money would likely be returned, although that could easily take five years or longer.

The rationale for this rule is twofold: first, it would hypothetically ensure immigrants can financially support themselves when they come to the US, and second, it would act as collateral if the green card holder became unable to support themselves, in violation of what is known as the Public Charge Rule.

A Pattern of Increased Immigration Restrictions

This is only the latest change in immigration law being pushed by the Trump Administration, which has sought to make it much harder for many immigrants to come to the United States. For example, just a few months ago, the Administration sought to introduce a rule change that would have forced all green card applicants to apply from outside the United States through a consulate. Combined with this new rule, it would effectively require all green card applicants to have at least $100,000 to spare simply to apply for permanent residency.

Rule Faces Significant Legal Challenges

Even if the rule is formally proposed and implemented, it may face significant legal hurdles if it is meant to be enforced. For example, when the Trump Administration attempted to introduce a $100,000 fee on H-1B visa applicants, it was struck down as a violation of federal law that amounted to an illegal tax. It is likely that any implementation of this proposed rule would face similar hurdles, and for many of the same reasons.

What You Should Do

If you or someone you love is looking to apply for a green card, you will need experienced counsel to help you through the current tumultuous legal environment. That is why you should speak to the immigration lawyers at the Drucker Law Firm. They can review the circumstances of your case, and help you get the outcome you rightly deserve.

For more than 40 years, the Drucker Law Firm has been providing personal and quality legal services to individuals, universities, and corporations throughout the New York City and Tri-State area. We have represented three generations of clients in personal injury cases, as well as immigration and general litigation matters. If you have a legal issue related to personal injury law, please give us a call at (718) 458-1489 to schedule a consultation or visit our contact page.