New Immigrant Health Care Rule Temporarily Blocked
A U.S. District Court judge in Portland, Oregon, has issued a 28-day temporary restraining order blocking the Trump Administration’s new rule on immigrant health care from going into effect on November 3, 2019. The judge cited the damage to would-be immigrants and their families in justifying the restraining order.
**Please see our original post regarding the new rule that has now been blocked below.**
The Trump Administration has created a new rule for those applying for an Immigrant Visa on or after November 3, 2019. Any such applicants will need to demonstrate to Consular officers at the time of their Immigrant Visa interview that they will be covered by approved health insurance within 30 days of entry into the United States, or that they will have the financial resources to pay for U.S. medical costs. If an applicant cannot meet this burden, their Immigrant Visa application will be denied.
This new rule will apply to all Immigrant Visa applicants, with the following exceptions:
- Those with a valid Immigrant Visa issued before November 3, 2019;
- Iraqi and Afghan special immigrant visa applicants, and their spouses and children;
- Applicants who are children of a U.S. citizen applying under the IR-2 (unmarried child under the age of 21 of U.S. citizen), CR-2 (unmarried child under the age of 21 of spouse of U.S. citizen, a.k.a., stepchild under the age of 21 of U.S. citizen), IR-3 (child adopted abroad), IR-4 (child to be adopted in the U.S.), IH-3 (child adopted abroad from a Hague Convention country), or IH-4 (child to be adopted in the U.S. from a Hague Convention country) visa categories;
- Returning Resident SB-1 applicants;
- Applicants for K fiancee visas, and other aliens entering the United States without an Immigrant Visa, including lawful permanent residents, refugees, and asylees;
- Applicants for IR-5 (Parent of U.S. citizen over the age of 21) visas and aliens seeking to enter the United States pursuant to an IR-5 visa, provided that the alien demonstrates their healthcare will not impose a substantial burden on the U.S. healthcare system;
- Any alien under the age of 18, except for any alien seeking to accompany a parent who is also immigrating to the United States and is subject to this new rule;
- Any alien whose entry would further U.S. law enforcement objectives, as determined by the Secretary of State or his designee based on a recommendation of the Attorney General or his designee;
- Any alien whose entry would be in the national interest, as determined by the Secretary of State or his designee on a case-by-case basis.
If you do not qualify for one of the exceptions above, you will need to show the Consular officer that you will be covered by approved health insurance within 30 days of entry to the United States, or that you have the financial resources to pay for reasonably foreseeable medical costs.
Approved health insurance includes the following:
- Employer-sponsored health plans, including retiree plans;
- Unsubsidized health plans offered in the individual market within a state;
- Short-term, limited duration health plans effective for a minimum of 364 days or until the beginning of planned, extended travel outside the United States;
- Catastrophic plans;
- Coverage by a family member’s health plan;
- U.S. military health plans, including TRICARE;
- Visitor health insurance plans with adequate medical coverage for a minimum of 364 days or until the beginning of planned, extended travel outside the United States;
- Medical plans under the Medicare program (although not approved for individuals over the age of 18);
- Any other health plan with adequate coverage as determined by the Secretary of Health and Human Services;
Interview Tips for New Immigrant Visa Applicants
During the Immigrant Visa interview, the applicant must demonstrate they have the financial resources to pay for reasonably foreseeable U.S. medical costs, or will have “approved” health insurance (as noted in the list above) within 30 days of entry. Consular officers may look to the medical and financial records contained in the applicant’s case file already, or may request additional information or documentation as needed.
When preparing for the Immigrant Visa interview, applicants that are subject to this new rule should review some U.S. health insurance plans to become familiar with their cost structure and eligibility requirements. They should also consider how they would pay for the U.S. medical costs of any current medical condition they already have.
While this is a new rule, it remains to be seen how it will be implemented and what kinds of documents a Consular officer would expect to see to meet the requirements. Given this, applicants that are scheduled for Immigrant Visa interview soon should bring with them to the appointment proof of financial resources (savings and/or income sources) they will have available to them in the United States, or proof of sufficient U.S. health care coverage.
For the full text of the new rule, please click here: Presidential Proclamation on Health Care for New Immigrants.
