As of recent, the Department of State (DOS) has implemented the new Presidential Proclamation on most US green cards applicants, requiring that individuals prove or demonstrate their means of securing health insurance within 30 days of admission.
The new Proclamation on Healthcare was released in October and has been in effect since November 3, 2019. Readers that are interested in US green cards, but previously unaware of this new rule would be advised to consult an immigration lawyer.
In other words, visa applicants from here on out will be asked to provide more information/financial evidence in order to receive their admission. According to DOS and the USCIS, failure to fulfill these requirements will result in an immediate visa denial.
Despite these new regulations and requirements, DOS has still outlined a few exceptions to the new health care requirement. Below is a partial list of individuals that would be exempt:
- Individuals who are holding (or who held) a valid immigrant visa as of November 3, 2019
In other words, applicants who have finished their applications on or before November 3rd of 2019 would be automatically exempt from providing healthcare documents.
- Iraqi and Afghan special immigrant visa applicants and their spouses and children (SI and SQ visas)
- Applicants who are children, whether adopted, biological, and step-children, of a U.S. citizen applying in the IR-2, CR-2, IR-3, IR-4, IH-3, or IH-4 visa classifications
- Any alien whose entry would further important United States 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
These other 4 exemptions listed by the DOS are for the most part, case-by case reviews. For most applicants that do not fall in these specific categories, they would not be exempt from the new healthcare requirements.
Without judging the efficacy and reasons behind the new Presidential Proclamation on US green cards and healthcare, it is still a law that will remain relevant for many visa applicants. For most applicants that do not fall in the exemptions listed above, new documents will be required to guarantee a successful green card application.
New rules and regulations like these only emphasize the importance of having the most up-to-date knowledge. For those currently in the process of applying for green cards, it is highly advised to seek legal counsel with expertise in immigration.
The right legal team can make sure your application is following all the latest laws and ensure that you are creating the most compelling application.
This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a
licensed attorney in California (USA). Ramona Kennedy is a member of American
Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and
Farsi (reading & writing) & speaks Azeri Turkish.
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