Do My Family Members Need Health Insurance to Get Green Cards?

 Posted on October 29, 2019 in Immigration

On October 4, 2019, President Trump issued the following Presidential Proclamation called the Presidential Proclamation on the Suspension of Entry of Immigration Who Will Financially Burden the United States Healthcare System. The basic requirement of the Proclamation is that those seeking an immigrant visa to enter the United States must have health insurance within 30 days of entry to the United States. This Proclamation looks daunting, so we will break it down by applicability and then impact on your relative’s immigration to the United States.

When does this Proclamation go into effect?

The new healthcare requirement is scheduled to go into effect on November 3, 2019, but it may be delayed by potential lawsuits challenging its implementation. Our firm, Unzueta Law Group, P.C., monitors changes in immigration law and procedure closely and we will publish updates regarding the implementation dates for this Proclamation.

Who is subject to the Proclamation?

Persons applying for immigrant visas (green cards) from outside the United States are impacted. That is to say that when a person attends an immigrant visa interview at a U.S. Embassy or Consulate abroad, the immigrant visa may be denied if that person lacks health insurance in the U.S. or appears to be unable to obtain healthcare benefits which are even partly subsidized by U.S. taxpayers. This includes not only Medicaid, but even coverage which is, in part, subsidized under the Affordable Care Act (a/k/a Obamacare).

Who is not subject to this Proclamation?

This Proclamation does not apply to: those adjusting status in the United States; those applying for temporary visas to the United States; children of U.S. citizens, refugees, returning residents, and other specific classes of immigrants.

Are employment-based immigrants subject to this Proclamation?

Yes, if they are applying for their immigrant visa outside of the United States (consular processing). This is a fewer number of people than family-based immigrants applying from outside the United States. However, employers who have employees consular processing should be sure to have a clause in the employment contract guaranteeing health insurance within 30 days of the employee’s arrival in the United States.

What can I do to help my relative?

You can help your relative obtain health insurance in the United States or show that the person will be covered by health insurance upon entering the United States or show that the persona has enough money to pay for health insurance upon entering the United States.