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Presidential Proclamation Requires Immigrant Visa Applicants to Have Health Care Coverage.

  • By: Immigration Attorney Osas Iyamu
  • Published: October 10, 2019
Presidential Proclamation Requires Immigrant Visa Applicants to Have Health Care Coverage

The Trump administration on October 9, 2019, published the presidential proclamation to suspend entry into the United States of immigrants who will not obtain health insurance within 30 days of entry into the U.S. or who cannot demonstrate that they can afford to pay health care costs.

Effective Date of President Trump Proclamation.

The presidential proclamation takes effect on November 3, 2019 and applies only to immigrant visas issued on or after November 3, 2019.

Requirement for Health Care coverage.

Immigrant visa applicants who apply or attend their immigrant visa interview at a U.S. embassy or consulate on or after November 3, 2019 must show to the consular officer that they have health insurance coverage or the ability to pay health care costs before receiving an immigrant visa. This will be in addition to meeting the other requirements for an immigrant visa.

Acceptable Health Insurance Coverage under the President Proclamation.

For immigrants who cannot show independent means of paying medical expenses, acceptable health insurance coverage includes:

  •  Insurance plans provided by employers, purchased without government subsidy, or obtained through a family member’s plan.
  • Short-term or visitor health care plans covering at least 364 days, or until the beginning of extended time outside the United States.
  • A catastrophic plan.
  • Coverage under Medicare, or any other program approved by the Secretary of Health and Human Services.

Medicaid coverage does not meet the presidential proclamation requirements for immigrants over 18 years old.

Persons Excluded from President Trump Proclamation of Health Care Requirement.

  • Any person holding a valid immigrant visa issued before the effective date of President Trump proclamation.
  • Anyone attempting to enter the United States by means other than an immigrant visa, including applicants for asylum or refugee protection.
  • Afghan and Iraqi recipients of special immigrant visas and their spouses and children.
  • Children of, and orphans adopted by U.S. citizens.
  • Certain family members of U.S. citizens, if they or their sponsors demonstrate that they will not substantially burden the U.S. healthcare system.
  • Lawful Permanent Residents and returning residents.
  • Immigrants under the age of 18, unless accompanying a parent subject to the health coverage requirement.
  • Non-U.S Citizens exempted by the Secretary of State for their assistance to law enforcement or other national interests.

Fraud & Misrepresentation.

An immigrant who circumvents the requirement of the presidential proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

For More Information, See the federal register publication of President Trump Proclamation

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