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Becoming a US immigrant has become tougher following the latest decision by the Trump administration to consider obesity or having children with special needs as reasons to reject immigrant visas.

Dubai-based US attorney and legal director of The American Legal Centre, Shai Zamanian, told Khaleej Times on Friday, “The move to weigh obesity and chronic conditions in visa decisions reflects a broader expansion of executive discretion under US President Donald Trump.

“While not becoming a financial burden on the US government has always been a core immigration principle, this shift introduces new uncertainty especially for applicants from the Middle East and emerging markets who may lack robust medical records or lifelong coverage and now face a tougher, less predictable standard,” Zamanian underscored.

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Agence France Presse (AFP) reported on Thursday the US will consider obesity or having children with special needs as reasons to reject immigrant visas. US Secretary of State Marco Rubio reportedly asked US embassies “to factor in conditions including obesity when issuing long-term visas, on the grounds that being obese can require expensive, long-term care."

The World Health Organisation (WHO) defines obesity as a chronic complex disease that can lead to increased risk of type 2 diabetes and heart disease. It can also affect bone health and reproduction, and it increases the risk of certain cancers. Obesity influences the quality of living, such as sleeping or moving. Around 40 per cent of the US population is obese.

The latest directive by Trump, however, is seen as his latest ploy to turn away foreigners.

Zamanian is wary of the expansion of President Trump’s executive discretion. He noted: “With the US Supreme Court set to review several cases testing the limits of Trump’s presidential authority this year, this (latest) policy underscores the broader question of whether the administration’s use of executive power has exceeded traditional constitutional boundaries.”

Shai Zamanian, Dubai-based US attorney and director of The American Legal Centre

‘America first’

Meanwhile, in a statement shared with Khaleej Times by the US Embassy in the UAE, US Department of State principal deputy spokesperson Tommy Pigott said, "It’s no secret the Trump Administration is putting the interests of the American people first. This includes enforcing policies that ensure our immigration system is not a burden on the American taxpayer.”

The new guidance is also said to apply only to people seeking to immigrate to US and not to foreigners on routine short-term visits.

Nevertheless — in the interim — Zamanian noted, applicants from the GCC should try and prepare comprehensive medical and financial documentation well in advance of consular review.

“The recent remarks from Trump are persuasive and it would be up to that officer if they want to dig into the applicants medical records,” he added.

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