Interim Decision #2563 

MATTER OF VINDMAN 

In Section 245 Proceedings 

A-20395370 

A-20395371 

Decided by Regional Commissioner March 4, 1971 

(1) Applicants who were husband and wife, aged 66 and 54 years, respectively, were 

admitted into the United States as refugee parolees October 16, 1973. Following two 

years physical presence they applied for adjustment of status as lawful permanent 

residents under section 245 of the Immigration and Nationality Act as seventhpreference immigrants under the proviso to section 203(a)(1) of the Act- 

(2) The record indicated that neither of the applicants had ever been ennployed in the 

United States and was silent on the prospects for employment for either applicant. For 

the past three years the husband had received Supplemental Security Income, and the 

wife had been receiving public funds from the New York Department of Social Services. 

(3) Where the record indicated that the applicants for adjustment of status -were receiving 

public assistance with no prospects for their earning a livelihood or providing self 

support, the applications for adjustment of status as seventh-preference immigrants 

under the proviso to section 203(a)(7) of the Act would be denied because all applicants 

for section 245 adjustment, including seventh-preference immigrants, lriust show that 

they are not ineligible to receive a visa or inadmissible to the United States under section 

212(a)(15) of the Act. See Matter of Harzttuniatt, 14 L & N. Dec. 583. 

ON BEHALF OF PETITIONERS: Rose Epstein 

HIAS 

200 Park Avenue South 

New York, New York 10003 

This matter is before the Regional Commissioner on certification by 

the District Director who has denied the applications for status as 

permanent residents on the grounds the applicants are likeLy to become 

public charges and are, therefore, excludable from admission into the 

United States under section 212(a)(15) of the Immigration and Nationality Act, as amended. The subjects, husband and wife, have filed 

applications, alike in substance, and there are no significant differences 

in their records that would affect our decision if rendered separately. 

Therefore, we will address the certification in one order. 

Mr. and Mrs. Vindman entered the United States as refugee parolees 

on October 16, 1973, at New York City. After two years physical 

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presence in the United States, they are now eligible to apply for permanent resident status under the proviso of section 203(a)(7) and section 

245, Immigration and Nationality Act. 

Section 245 requires, among other things, that an alien be admissible 

to the United States for status as a permanent resident. Section 212(a) 

states that the following class of aliens shall be ineligible to receive visas 

and shall be excluded from admission into the United States . . .(15) 

Aliens who, in the opinion of the Consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of 

application for admission, are likely at any time to become public 

charges. 

The elements constituting likelihood of an alien becoming a public 

charge are varied. They are not defined by statute, but rather are 

determined administratively upon consideration of all the factors bearing on the alien's ability or potential ability to be self-supporting. In 

defining "public charge" 22 C.F.R. Section 42.91(a)(15)(iii) states, "An 

alien relying solely on the personal income he will be receiving to 

establish eligibility under Section 212(a)(15) of the Act, who does not 

establish that he will have an annual income above the income poverty 

guidelines published annually or at shorter intervals by the Community 

Services Administration as derived from the low income threshold tables, which are also published annually by the Bureau of the Census, 

and who is without other adequate financial resources, shall be presumed ineligible under that section of the Act." 

In the Matter of Harutuniart, Interim Decision 2263, it is stated in 

fact "The administrative authorities have adopted the view that, while 

economic factors should be taken into account, the alien's physical and 

mental condition, as it affects ability to earn a living, is a major significance." 

In summation, it is felt that everything in the statutes, the legislative 

comments, and prior decisions point to one conclusion, that Congress 

intends that an applicant for a visa be excluded who is without sufficient 

funds to support himself, who has no one under any obligation to 

support him, and whose chances of becoming self-supporting decrease 

as time passes. 

In the instant cases, Mr. and Mrs. Vindman are 66 and 54 years old, 

respectively. Neither applicant has been employed in the United States 

and the record is silent as to prospects for their employment in the 

future. Mr. Vindman has been receiving Supplemental Security Income, 

and Mrs. Vindman has been receiving public funds from the New York 

epartment of Social Services. Both applicants have been the recipients 

of the aforementioned assistance for approximately three years. 

It appears that Mr_ and Mrs. Vindman fall clearly within the confines 

of section 212(a)(15) of the Act and are excludable as public charges. 

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In view of the foregoing, and considering that no new facts or statements have been presented for consideration, it is concluded that Mr. 

and Mrs. Vindman are ineligible for adjustment of status under section 

245 of the Act; inasmuch as, they are excludable under Section 

212(a)(15) of the Act, supra. Accordingly, the decision of the District 

Director will be affirmed. 

IT IS ORDERED that the decision of the District Director be and the 

same is hereby affirmed. 

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