Clarifying the latest Trump pronouncement on immigrant visas
The following news post is from Jen Kates, who recently posted a useful clarification of President Trump's recent announcement that immigrants without proof of health insurance will not be admitted to the United States. One question raised, among others, is whether the exclusion would apply only to immigration visas or also to tourist and business visas. Here is Jen's response:
"The new White House proclamation does not apply to non-immigrant (visitor) visas...The new proclamation applies to those seeking immigrant visas. In addition to existing requirements related to immigrant visas, it will require the applicant to show that they are covered by approved health insurance (as listed in the order) or have the resources to pay for “reasonably foreseeable medical costs.” It will apply to anyone seeking an immigrant visa as of November 3 (the effective date of the new order) and beyond except for those exempt (these categories are listed in the order itself).
This is different from but somewhat related to the recent public charge rule, scheduled to go into effect on October 15 (though there are several legal challenges to that rule). Under longstanding federal policy, the federal government can deny an individual entry into the U.S. or adjustment to legal permanent resident (LPR) status (i.e., a green card) if he or she is determined likely to become a public charge. The rule broadened the definition of public charge to consider programs that were previously excluded from the definition (including some health and non-health programs)."