Some Canadians may face visa denials to the United States due to obesity and other medical conditions. Rosanna Berardi, managing partner at Berardi Immigration Law, stated that short-term visitors who do not require a visa should not see significant changes at the border. However, she advised that applicants with serious medical issues should be ready to demonstrate strong financial resources and private insurance to minimize the risk of refusal.

In early November, the U.S. State Department issued a directive to embassy and consular officials. This guidance instructs them to evaluate foreign applicants for a variety of health conditions, age, and the potential need for public benefits. Those deemed likely to become a "public charge" could be denied entry. Berardi explained that under U.S. immigration law, a person is considered inadmissible as a public charge only if they are likely to depend primarily on government cash benefits or long-term institutional care, a definition that remains unchanged.

The new guidance, issued on November 6 by U.S. Secretary of State Marco Rubio, emphasizes that chronic health conditions, limited financial means, low-skilled employment, and inadequate English proficiency should be viewed as warning signs. The directive states, "You must consider an applicant’s health," highlighting that certain medical conditions, including cardiovascular diseases, cancers, and diabetes, can incur substantial healthcare costs.

Berardi noted that immigration officers are now instructed to closely examine medical exams and consider these factors significantly in their overall assessment. This change effectively raises the bar for applicants with serious health issues and limited financial resources.

While 99% of Canadians do not need a visa to enter the U.S., a small percentage do. Berardi pointed out that only E-1 and E-2 treaty applicants, as well as K-1 fiancé(e) visa applicants, are required to apply at a U.S. consulate. E-1 and E-2 visas are designated for citizens of countries with which the U.S. has treaties of commerce and navigation.

Berardi clarified that Canadian citizenship does not exempt individuals from the public charge rule. Most Canadians typically enter the U.S. directly at the border, bypassing consular review. The new guidelines will primarily affect those who need visas, particularly E-1/E-2 applicants and individuals seeking family or employment-based immigrant visas. Permanent residents of Canada, who must obtain a visa to enter the U.S., may feel the impact even more.

The Canadian Snowbird Association acknowledged awareness of the new U.S. visa guidance concerning chronic health conditions. They stated that there is currently no indication that Canadians entering the U.S. as tourists, who do not need to apply for a visa in advance, will be affected by this policy. The association noted that most Canadian snowbirds travel with comprehensive private travel medical insurance, which alleviates concerns about being a burden on the U.S. healthcare system.

This directive appears to continue the previous administration's efforts to tighten immigration policies. Tommy Pigott, principal deputy spokesperson for the State Department, emphasized that the administration prioritizes the interests of American citizens, ensuring that the immigration system does not impose a burden on taxpayers.