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Health Care Requirement for Individuals Applying for Legal Permanent Residence Abroad

Posted October 9, 2019Stephanie Wedel - Sr. AssociateArticles

President Trump signed a proclamation October 4th which will prevent legal immigrants (legal permanent residents) from entering the U.S. if they cannot demonstrate that they will have health care coverage, or the ability to pay for it within 30 days of their arrival to the United States.  

As of November 3, 2019, only legal permanent residents who have approved health insurance or who can show that they can pay for “reasonably foreseeable medical costs” will be allowed to enter the United States.  Approved health insurance plans include employer-sponsored plans, unsubsidized health plans offered in the individual market, catastrophic plan, a family member's plan, Medicare, or any other plan providing adequate coverage as determined by the Department of Health and Human Services.

This proclamation will affect individuals applying for immigrant visas from overseas, spouses and parents of U.S. citizens and the immediate family members of legal permanent residents/green card holders.

This proclamation will not apply to individuals who hold a valid immigrant visa issued prior to the effective date, or those who already hold green cards. Non-citizen children of U.S. citizens, refugees and asylum-seekers will be exempt from this proclamation. This proclamation will not apply to non-immigrant visa holders, such as H-1B, TN, E-3, L-1, F-1 etc. 

Please reach out to your designated Meltzer Hellrung attorney if you have any questions.