If you are thinking of, or are in the process of, applying for an immigrant visa (a visa for a Green Card), you should be aware of a new presidential proclamation that prohibits the entry into the United States of immigrants who will financially burden the United States healthcare system. In other words, immigrants who fail to meet the new requirements of this proclamation will have their visas denied. To learn more, continue reading below.
On October 4, 2019, U.S. President Donald J. Trump issued a presidential proclamation requiring most immigrant visa applicants to prove to the satisfaction of the adjudicating consular officer that they will not financially burden the United States healthcare system. What this means is that visa applicants will have to prove that they (1) will be covered by an approved health insurance plan or program; or, (2) have the financial resources to pay for reasonably foreseeable medical costs. The aforementioned health insurance plan or program must be obtained within 30 days of the person’s entry into the United States. The new proclamation includes a list of approved types of health insurance plans and programs.
This new presidential proclamation appears to be separate and in addition to the longstanding requirement that visa and adjustment of status applicants prove that they will not likely become public charges (dependent on the U.S. government for financial assistance)—the Trump administration also recently amended the rules on public charge, making it more challenging for applicants to overcome the public charge ground of inadmissibility. It should be noted that this new proclamation only applies to immigrant visa applicants, and there are also some limited exceptions as to whom this proclamation applies to.
Because this proclamation was just issued, it remains to be seen how its provisions will be implemented and whether it will be challenged in the courts. One noteworthy provision of the proclamation states that, “An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.”
This proclamation is set to go into effect on November 3, 2019. To view the actual proclamation, click here.
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