New Healthcare Requirements for US Immigrants

[Leostar 17]

I petitioned my parents and they have interview on 22 November, Do I need their health insurance for IR-5 interview ?    

[Keem12 9]

2 minutes ago, Leostar said:

I petitioned my parents and they have interview on 22 November, Do I need their health insurance for IR-5 interview ?    

I think so yes.

[Pengunista 221]

1 hour ago, geowrian said:

Medi-Cal? CA is one of the few states where he can get Medicaid as a new immigrant.

 

Let me ask you this - what was your plan for him to get health insurance before? That likely is the answer here, unless there was no plan.

So medi-cal is not considered welfare or public assistance? I was just wondering because my husband and I were looking into that before and we were not sure so he just went ahead and added me to his work healthcare. 

[90DayFinancier 910]

2 hours ago, Adaline&Fouad said:

I just found out about the new change of the requirement for health care. Read below for information. I'm an American citizen and I applied for a CR1 visa for my husband. Our estimated NOA 2 is in April. I'm wondering if anyone knows how we can demonstrate that my husband will be covered by approved health insurance. Also, how do we know which health insurance would be approved? I currently have Medical but I doubt I can add him to this type of insurance. Any information would be helpful. Thank you 

 

This is stated on https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html

Presidential Proclamation on Health Care

If you are applying for an immigrant visa, including a diversity visa, on or after November 3, 2019, you must demonstrate to the consular officer at the time of interview that you will be covered by approved health insurance within 30 days of entry into the United States or have the financial resources to pay for reasonably foreseeable medical costs.  Inability to meet this requirement will result in the denial of the visa application.

 

Requirement at visa interview 

During the visa interview, applicants should be able to demonstrate to the satisfaction of the consular officer that they have the financial resources to pay for reasonably foreseeable medical costs or will have approved health insurance from the list above within 30 days of entry into the United States.  Officers will review the medical and financial documentation that is already part of the applicant’s case file and may request additional information or documentation as needed. Prior to the visa interview, applicants may wish to review costs and eligibility requirements for approved health insurance plans or consider how they would pay for the reasonably foreseeable medical costs of any current medical condition they may have.   

This thread needs to be merged with the existing thread on healthcare requirements at the interview, we are covering a lot of the same ground.

[geowrian 22,337]

17 minutes ago, Leostar said:

I petitioned my parents and they have interview on 22 November, Do I need their health insurance for IR-5 interview ?    

IR-5 is exempt so long as you can show that medical costs will be covered.

https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html

Quote

This requirement will apply to all immigrant visa applicants and individuals seeking to enter the United States on an immigrant visa, except: 

...

Applicants for IR-5 visas and alien seeking to enter the United States pursuant to an IR-5 visa, provided that the alien or the alien’s sponsor demonstrates to the satisfaction of the consular officer that the alien’s healthcare will not impose a substantial burden on the United States healthcare system

 

Edited October 29, 2019 by geowrian

[geowrian 22,337]

15 minutes ago, Pengunista said:

So medi-cal is not considered welfare or public assistance? I was just wondering because my husband and I were looking into that before and we were not sure so he just went ahead and added me to his work healthcare. 

Medi-Cal for new immigrants is funded through the state, not federal funds (which is what is banned).

[Maria002 54]

10 minutes ago, geowrian said:

IR-5 is exempt so long as you can show that medical costs will be covered.

https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html

 

Looking at the exemptions I also see it doesn't apply to K1 visa. 😮  Am I right?

 

Applicants for K fiancé(e) visas and other aliens entering the United States without an immigrant visa, including lawful permanent residents, refugees, and asylees.

 

[geowrian 22,337]

6 minutes ago, Maria002 said:

Looking at the exemptions I also see it doesn't apply to K1 visa. 😮  Am I right?

 

Applicants for K fiancé(e) visas and other aliens entering the United States without an immigrant visa, including lawful permanent residents, refugees, and asylees.

 

Correct. K-1 is a non-immmigrant visa so this does not apply. That bullet point just explicitly calls it out.

[Leostar 17]

23 minutes ago, geowrian said:

IR-5 is exempt so long as you can show that medical costs will be covered.

https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html

 

Thanks for your reply but how to show, they need my pay slips and W2s or savings in my bank account and how much? 

[geowrian 22,337]

5 minutes ago, Leostar said:

Thanks for your reply but how to show, they need my pay slips and W2s or savings in my bank account and how much? 

Presumably the same way it was shown prior to this proclamation - via the I-864 + showing how their medical costs will be addressed (either via showing how they can be covered via private or marketplace plans, or via showing what their medical costs are and your income is sufficient).

The I-864 will require your most recent tax return copy + evidence of current income (+ assets optionally).

 

As for how much, that's a judgement call and depends on their circumstances - age, medical issues, where they will live, etc.

[James D 39]

On 10/26/2019 at 8:42 PM, geowrian said:

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

It is not reasonable to pay for American health insurance before you have permission to move to there. Doesn't make sense at all. Now, once you have the visa, at the border it can be a requirement.

 

The proclamation also says that you need the coverage for 364 days or until a planned long absence from the country. I know that one trip will not be enough to move and settle down - there will be others  back to the immigrant's home country to close financial matters, sell a house or apartment, or some other business, but how can it be proven a return trip will be made before 364 days. Maye another planned and purchased round trip for later on?

 

After all the months of waiting and fees paid, all can be for nought because of one bureaucrat's decision in the consulate, but that person is the only one who actually meets and interviews the beneficiary.

[SmarterChild 51]

19 minutes ago, James D said:

The proclamation also says that you need the coverage for 364 days...

i’m wondering if this is 364 days starting on the date of the immigration interview or starting from the date of the beneficiary’s entry date to the usa. and how can we know the date of entry on the day of the interview if we are advised not to buy plane tickets until we have the visa in hand?

[90DayFinancier 910]

35 minutes ago, James D said:

It is not reasonable to pay for American health insurance before you have permission to move to there. Doesn't make sense at all. Now, once you have the visa, at the border it can be a requirement.

 

The proclamation also says that you need the coverage for 364 days or until a planned long absence from the country. I know that one trip will not be enough to move and settle down - there will be others  back to the immigrant's home country to close financial matters, sell a house or apartment, or some other business, but how can it be proven a return trip will be made before 364 days. Maye another planned and purchased round trip for later on?

 

After all the months of waiting and fees paid, all can be for nought because of one bureaucrat's decision in the consulate, but that person is the only one who actually meets and interviews the beneficiary.

Premiums are traditionally paid in advance by the month. You may not even be able to buy a 12 month policy because the insurance companies change their rates.

 

There are so many unanswered questions about the proclamation and it's  implementation.

Edited October 29, 2019 by 90DayFinancier

[Pengunista 221]

1 hour ago, geowrian said:

Medi-Cal for new immigrants is funded through the state, not federal funds (which is what is banned).

Okay that’s good to know! Thank you!

[SalishSea 17,828]

5 hours ago, Pengunista said:

So medi-cal is not considered welfare or public assistance? I was just wondering because my husband and I were looking into that before and we were not sure so he just went ahead and added me to his work healthcare. 

If you have access to an employer-based plan, that is preferable over taking up resources like Medi-Cal.