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Another Presidential Proclamation Restricting Entry of Prospective Legal Immigrants

  • President Trump, on October 4, 2019, issued a Presidential Proclamation restricting the entry of the prospective legal Immigrants who may financially burden the US health care system. According to Section 1 of this Proclamation, an alien will be presumed to burden the US health care system, unless that alien is covered by approved health insurance within 30 days of the entry into the United States, or the alien has adequate financial resources to pay the reasonably foreseeable medical cost.

 

  • The following types of health insurances can satisfy the requirement of the approved health insurance:
  • Employer-sponsored plans,
  • Retiree plan,
  • Association health plan,
  • Un-subsidized health plan,
  • Short term health policy valid for a minimum of 364 days,
  • Catastrophic plan,
  • Family member’s plan,
  • Visitor health insurance plan that provides adequate coverage for a minimum of 364 days,
  • Medical plan under the Medicare program,
  • Any other health plan the provides adequate coverage for medical care as determined by the Secretary of Health and Human Services or his designee.

 

  • The new restrictions will apply to the prospective legal Immigrants seeking entry into the United States on or after November 03, 2019.

 

  • Section 2 of the Proclamation provides for certain exceptions, which are the following:
  • An alien possessing a valid Immigrant Visa before the effective date of this Proclamation.
  • Special Immigrant Visa holders (SI or SQ classification).
  • Aliens who are child of US citizens or who seek entry into the United States pursuant to IR-2/IR-3/IR-4/IH-3/IH-4 Visa.
  • Aliens seeking entry under IR-5 Visa/SB-1 Visa.
  • Alien under 18 years of age who are not accompanying a parent who is subject to this Proclamation.
  • Alien whose entry is important for the law enforcement, an alien whose entry is of national interest, and all the other Non-Immigrant Visa holders.

 

  • The alien seeking entry into the US under the Immigrant Visa must meet the requirements set under this Proclamation to the satisfaction of the consular officer before the Immigrant Visa is issued, at the time of the Visa interview.

 

  • Any alien who will try to satisfy the requirements through fraudwillful misrepresentation of the material fact, will be subject to priority removal by DHS (Department of Homeland Security).

 

  • General Advice (not case specific): 
    • Adjusting status, if that is an option may keep the Immigrant outside the purview of the Presidential Proclamation.
    • Interview for Immigrant Visa before November 03, 2019 will not be subject to the requirements laid under the Presidential Proclamation.
    • Buying the Health Insurance before the scheduled Immigrant Visa interview, may help in overcoming the requirements set under the Presidential Proclamation.

 

Disclaimer

This article aims to provide you with basic information concerning the new Presidential Proclamation. This article under no circumstances acts as a piece of legal advice; therefore, for any further case-specific question, please contact your appointed attorney or the Managing Attorney of the Ahluwalia Law Offices, P.C. for case-specific legal advice.

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