He is not required to show a guaranty of support to obviate a "possibility" that he may become a public charge. An understanding of this distinction is of the greatest importance to the correct administration of the publiccharge clause. Unless each case is decided upon the basis of the "probabilities." improper administration results. and applicants reasonably able to qualify under the law are unjustly refused visas to which they are entitled. Such action affords ground for just criticism of the officers and the Department. Visa refusals of persons whose assurance of support is furnished by distant relatives in the United States have caused considerable adverse comment because consular officers have considered that the expression of willingness by a person to support a less near relative is insufficient to establish that he is not likely to become a public charge unless a case is made out by a showing of past material contribution to his support or the existence of very unusual circumstances. Letters have contained statements to the effect that visas have been refused because the relationship between the persons is not sufficiently close to imply the existence of a legal or moral obligation on the part of the affiant toward the applicant. The mere fact that a person promising support is not closely related to the applicant. or that he is not under a legal or moral obligation toward him is not sufficient to warrant the rejection of the evidence of support as Inadequate. The relative. in furnishing the evidence. has in effect said that in spite of the absence of any direct obligation on his part to support his less near relative. he nevertheless desires voluntarily to undertake such an obligation. and if he offers reasonable explanation of his desire to do so and is financially able. the evidence is to be accepted.
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visas Visa