US suspends visa issuance for immigrants unable to pay for medical care

Recall that from November 3 the State Department plans to suspend issuing immigrant visas to foreign nationals who cannot prove that they will receive health insurance or otherwise pay their health care costs in the United States. However, the Oregon Federal Court may suspend a new requirement. The injunction is likely to be imposed before or after November 3.

Фото: Depositphotos

Starting next week, foreign nationals applying for immigrant visas at U.S. consulates abroad must prove that they will receive approved health insurance within 30 days after they enter the United States or they can pay for medical expenses while in the United States.

Failure to do so will result in a visa denial. Approved health insurance plans include an employer sponsored plan as well as a family member plan, Medicare, some short-term and disaster plans.

It is worth noting that if the applicant does not have access to the approved medical plan, the consulate will have to determine whether the person has the means to pay for medical services. However, the proclamation does not provide detailed information on how this will be done.

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The State Department requested permission to collect insurance information from immigrant visa applicants. The agency’s request states that information will be requested in verbally by consular officials for an immigrant visa interview, but the agency also requested approval of a short written application.

Who the new requirement applies to

The new requirement applies to applicants for an immigrant visa at a US consulate abroad. However, the following immigrant visa applicants are exempted from the above requirements:

• Foreign citizens who have been issued a visa before 12: 01 EST on 3 on November 2019 on the date the rule comes into force;
• Most unmarried children of US citizens under the age of 21, including orphans adopted abroad and orphans adopted in the United States;
• Children under the age of 18 years, if they are not accompanied by the parent to whom the proclamation applies;
• Parents of US citizens 21 years of age or older, provided that an adult child can demonstrate that their parents' health needs will not be a significant burden on the US healthcare system;
• Those who used to live in the USA, and now return there again;
• Iraqi or Afghan translators, as well as Iraqis and Afghans who worked for or on behalf of the US government;
• Foreign nationals whose entry will contribute to US law enforcement efforts;
• Any foreign citizen whose entry will be in the national interest.

The proclamation will not apply to applicants applying for status adjustments from the United States or foreign nationals applying for non-immigrant visas such as B-1 / B-2, H-1B, L-1A / L-1B or O-1 visa.

What's next

Prior to further notice, immigrant visa applicants must prepare to meet the health insurance requirement on November 3 of November 2019.

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Although the Department of State has not provided guidance on what documents are required to comply, immigrant visa applicants must provide evidence of eligibility for an immigrant visa interview. This may be a certificate of an approved health insurance plan or, to the extent possible of the applicant, financial documentation confirming his ability to pay for medical expenses.

Applicants for family reunification with an immigrant visa and applicants for participation in the green card lottery are likely to fall under new requirements.

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