New Healthcare Requirements for US Immigrants

[James D 39]

Whitehouse.gov says the health insurance qualification does not apply to;

(i)     any alien holding a valid immigrant visa issued before the effective date of this proclamation;

 

But Travel.state.gov website says :

"Individuals who are holding (or who held) a valid immigrant visa as of November 3, 2019"

 

So my wife held a valid resident visa until 2014. Dose she need to qualify with health insurance? I know someone else who also had a resident visa before and is waiting for the NVC process. So a solid answer

can help.

[90DayFinancier 910]

5 hours ago, Bill Hamze said:

Only a week before the proclamation goes into effect. Has anybody actually filed a suit to stop it? 

 

On another note, I'm thinking of petitioning for a green card for my wife around this time next year. So it'll be two years before we have that visa interview, and hopefully the guidelines will be clearer by then.

 

Without policy and guidelines from the State Department, there is no suit to bring. What would one sue for, to have the President retract his proclamation.  I am sure the dust will be settled when this affects you. Good luck with the application.

[ADW & JOP 146]

I don't think anyone knows how this new policy will be implemented. But taking into account the spirit of the policy, I would imagine if you are re-applying for an immigrant visa, you would be subjected to the same scrutiny as any new applicant. If I were in your situation, I would be prepared to demonstrate that she can obtain health insurance.

[ohcoffeeeyes 120]

Is this the exact same one as that one that just got blocked by a federal judge? Probably gonna happen again if they try to push it through. Don't worry but to answer your question, no one knows yet.

[SmallTownPA 72]

If you are on a K or CR visa I can't see this being an issue.  All USCs must have healthcare (or pay the 'fine' to get it).

 

Why are we allowing people who never paid into the tax base into the country?

[Boiler 45,486]

16 minutes ago, SmallTownPA said:

If you are on a K or CR visa I can't see this being an issue.  All USCs must have healthcare (or pay the 'fine' to get it).

 

Why are we allowing people who never paid into the tax base into the country?

Nope

[Riadhora 31]

Three federal judges have put this process on hold effective Oct 15, 2019. I spoke to an attorney. They said it is not valid and will not go effect unless judge decides to put this rule back in place. Google it. Read the news

[NikLR 13,227]

8 hours ago, James D said:

Whitehouse.gov says the health insurance qualification does not apply to;

(i)     any alien holding a valid immigrant visa issued before the effective date of this proclamation;

 

But Travel.state.gov website says :

"Individuals who are holding (or who held) a valid immigrant visa as of November 3, 2019"

 

So my wife held a valid resident visa until 2014. Dose she need to qualify with health insurance? I know someone else who also had a resident visa before and is waiting for the NVC process. So a solid answer

can help.

So it's anyone who has a valid immigrant visa (NOT A GREEN CARD) on or after 11/3/2019. 

[HRQX 4,145]

41 minutes ago, Riadhora said:

Three federal judges have put this process on hold effective Oct 15, 2019. I spoke to an attorney. They said it is not valid and will not go effect unless judge decides to put this rule back in place.

That was the DHS public charge rule: https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet This thread is about the president's proclamation which is set to become effective on November 3rd: https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/

 

(Also note that DOS has an interim public charge rule that is currently in effect, but not yet implemented: https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html; they proposed a new form (DS-5540) last week to "help implement the interim rule": https://www.federalregister.gov/documents/2019/10/24/2019-23219/60-day-notice-of-proposed-information-collection-public-charge-questionnaire)

Edited October 26, 2019 by HRQX

[HRQX 4,145]

9 hours ago, James D said:

Dose she need to qualify with health insurance?

She would be subject to the proclamation's requirements.

[geowrian 22,337]

2 hours ago, SmallTownPA said:

If you are on a K or CR visa I can't see this being an issue.  All USCs must have healthcare (or pay the 'fine' to get it).

 

Why are we allowing people who never paid into the tax base into the country?

The individual mandate was eliminated and tax penalty ruled unconstitutional. There is no current penalty.

 

Not sure how most aliens could be able to pay into the tax base before entry.

[Basti3008 0]

Wouldn’t it be easy to just buy 365 days of a short-term insurance? For example something like this? My understanding is, that that is enough. And then sort proper health insurance out when in US? https://www.visitorscoverage.com/brochure/inbound-immigrant-insurance-brochure.pdf

[HRQX 4,145]

28 minutes ago, geowrian said:

The individual mandate was eliminated and tax penalty ruled unconstitutional. There is no current penalty.

I thought SCOTUS upheld the tax penalty in 2012 and the penalty was later removed by the Tax Cuts and Jobs Act of 2017.

Edited October 27, 2019 by HRQX

[Keem12 9]

3 minutes ago, Basti3008 said:

Wouldn’t it be easy to just buy 365 days of a short-term insurance? For example something like this? My understanding is, that that is enough. And then sort proper health insurance out when in US? https://www.visitorscoverage.com/brochure/inbound-immigrant-insurance-brochure.pdf

Would they take the affidavit support into consideration? I make 24k a year. My wife interview is on the 7th and my company will only let me get health insurance on the 1st of November, so i wouldn't have much time to get documents showing that she will be on a health insurance in time for the interview. So can I send her an email to carry at the interview indicating that I can afford to get her insurance within 30days of her being that. We are a household of 2. Me and her

[geowrian 22,337]

54 minutes ago, HRQX said:

I thought SCOTUS upheld the tax penalty in 2012 and the penalty was later removed by the Tax Cuts and Jobs Act of 2017.

You're right - SCOTUS upheld that part of the ACA (https://en.wikipedia.org/wiki/National_Federation_of_Independent_Business_v._Sebelius). It determined it was a tax and not a penalty (as had been claimed), and that Congress has such taxing power. Said tax was later eliminated. But the mandate itself was constitutional, my bad (my 2012 memory is alreay fading! ugh).

Edited October 27, 2019 by geowrian