A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Friday, October 11, 2019

Presidential Proclamation Adds Health Insurance Requirement

President Trump has written a proclamation limiting the entry of immigrants to the U.S. based on whether they have health insurance.

Intending immigrants must have approved health insurance before or within 30 days of entry to the U.S. on an immigrant visa, according to the proclamation. Approved health insurance is coverage through employment, an unsubsidized plan from the market, a short-term health policy or visitor health insurance plan of at least 364 days, a catastrophic plan, a family member's plan, Medicare plans, and others.

If a person can't provide proof of health insurance, he or she must demonstrate possession of sufficient financial resources to pay for any foreseeable medical expenses.

These rules are only intended for individuals seeking an immigrant visa to enter the country. There are also some exceptions to the above. Immigrants that obtain their visa before the proclamation effective date are exempt, as are children of U.S. citizens. Those under 18 years of age are also exempt unless their accompanying parent is not. Foreigners deemed to be of national interest or who would further law enforcement objectives are allowed based on recommendations of the Secretary of State of his designee.

Enforcement of this proclamation will mean stricter requirements for immigrant visa applications and for consular processing.

The new requirements requirement of the health insurance for intending immigrants is part of the broader new "public charge" rule created by the Trump Administration to prevent immigrants from depending on government resources for subsistence.  The public charge rule's implementation, including the health insurance requirement, has been temporarily halted by a federal court on 10/11/2019

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