According to a July 2024 report published by Pew Research Center, more than 30 million immigrants are part of the United States workforce, which suggests they’re in the working-age range between 18 and 64. The Migration Policy Institute (MPI) estimates the median age of immigrants at 47, a decade younger than it was in the 1960s. Of the 50 to 55 million immigrants estimated to live in the U.S., 12 percent are over the age of 65. Although most immigrants arrive as young adults, there’s no maximum age for them to enter the U.S.
Age doesn’t play a part in the visa adjudication process. Legally speaking, denying a visa application solely because an applicant is of a certain age would result in an act of discrimination, which the federal government is prohibited from doing according to the Equal Protection Clause of the U.S. Constitution. There are, however, grounds for inadmissibility related to health conditions that can be associated with age, but not disabilities. To understand how this works, it helps to review the 14th Amendment.
Equal Protection for All
The 14th Amendment begins with an establishment of citizenship by birthright or naturalization. Nonetheless, it concludes with a provision prohibiting any state from denying any person equal protection under the law. The classic interpretation of the amendment is that there’s no distinction between citizens and other persons. This is a vestige of the Reconstruction Era after slaves were emancipated, but it fits well with constitutional and statutory provisions against discrimination.
As recently as the administration under former president Donald Trump, attempts to set a maximum age for visa issuance have fizzled at the executive-order level because they run afoul of the Equal Protection Clause. Then we have landmark Supreme Court opinions such as Massachusetts Board of Retirement v. Murgia, a 1976 case that set stringent standards for federal or state agencies to impose maximum age limits for certain benefits. In the case of U.S. Citizenship and Immigration Services (USCIS), denying visas because applicants are “too old” wouldn’t meet the Murgia standards.
Grounds for Inadmissibility
All visa applications require applicants to disclose their ages and provide proof with documents such as birth certificates. Adjudicators from the State Department and USCIS cannot focus on age to grant or deny an application. Nonetheless, they’ll consider factors such as financial status, skills, education, and health. Of these factors, health is the most tangentially related to age, and it can result in rejected visa applications in cases when adjudicators believe applicants will become public charges.
Let’s say an elderly foreigner diagnosed with advanced cancer is sponsored by her naturalized son to pursue a green card. If she lacks financial support and is unable to work, her son can file a Form I-864 affidavit, but she may still be denied if the adjudicator believes she will be a public charge after immigrating to seek cancer treatment without medical insurance. Visa applicants who think they have been subject to age discrimination should discuss their options to appeal with a San Diego immigration attorney.
Hiring a highly qualified immigration lawyer in San Diego is one of the best ways to make the immigration process less complicated and stressful. If you need reliable, high-quality legal advice about immigration issues, reach out to the immigration law professionals at KS Visa Law. To schedule an appointment, call us today.