Last week, litigators from the Justice Action Center (JAC), the American Immigration Lawyers Association (AILA), and the Innovation Law Lab, with Sidley Austin LLP, filed suit in the US District Court for the District of Oregon to halt implementation of the Trump administration’s requirements for immigrant visa applicants to demonstrate to consular officers at the time of the interview that they will have health insurance within thirty days of entry to the US or have sufficient financial means to cover reasonably foreseeable medical costs. In response to the suit, Judge Michael Simon of the Federal District Court in Portland, Oregon, issued a nationwide temporary restraining order preventing the government from enforcing the proclamation that was set to go into effect Sunday, November 3. The court will consider the merits of the suit, Doe vs. Trump, in the coming days and weeks.
Read moreThe Washington Post: “Trump’s order will deny visas to immigrants who lack health-care coverage”
Last Friday, the White House issued a proclamation stating that effective November 3, 2019, the government will deny visas for immigrants who “will financially burden” the U.S. health-care system and will now require that foreign nationals demonstrate that they have health insurance or sufficient funds to cover health-care costs on their own before entering the United States. President Trump said he is issuing the proclamation to “protect the availability of health care benefits for Americans,” and that immigrants “who enter this country should not further saddle our health care system, and subsequently American taxpayers, with higher costs.”
To obtain a visa, foreign nationals must prove they will be covered by “approved health insurance,” including a family or employment-based policy, within thirty days of entering the US, unless they have sufficient funds to cover their “reasonably foreseeable medical costs.” Doug Rand, a former Obama-era White House official tasked with immigration policy, said Trump’s proclamation will likely affect immediate relatives of US citizens waiting for permission to enter the US, including parents, spouses, and siblings (with children being exempt). Analysts predict that the proclamation could reduce legal immigration by up to sixty-five percent. The proclamation, Rand noted, does not appear to affect foreign nationals arriving on temporary work visas, refugees, or those seeking asylum at the Mexican border. Rand said that as “a matter of policymaking, this is an incredibly flimsy document” and called the new rule “a gigantic, sweeping change to the legal immigration system.”
NPR: "Under A Trump Proposal, Lawful Immigrants Might Shun Medical Care"
The Trump administration is considering proposing a policy change that could have the result of discouraging immigrants seeking permanent residency (i.e., a Green Card) from using government-supported health care. Under the administration's draft plan, an immigrant in valid legal status could be prevented from obtaining permanent residency if they have used Medicaid, a subsidized Obamacare plan, food stamps, tax credits or other non-cash government benefits, according to a draft of the plan published by The Washington Post. Legal immigrants could even be prevented from obtaining a Green Card if their US-citizen child uses such benefits.
Read moreHealthcare, Taxes, and a Mortgage, Oh My!
So your nonimmigrant visa was approved (congratulations!) and you have arrived in the US. Now what? In our experience, many foreign nationals have numerous practical questions as they settle into their new lives in the US—from what they need to sign a lease on an apartment to opening a bank account to getting a driver’s license and more. While we do not intend for this post to give any legal advice (or financial or tax advice, for that matter), we hope to provide general insights to some common questions.
What should I do first?
After entering the US, foreign nationals should print the online version of their I-94 information as soon as possible and make sure that their name, the classification they were admitted in, and all other information is correct. Foreign nationals should also save the printed I-94 in a safe place. The I-94 is important because it specifies the exact amount of time a foreign national is allowed to stay in the US and may differ from the visa stamp. The I-94 is also necessary to gain certain benefits, such as getting a US Social Security number. Foreign nationals should print, check, and save their I-94 information after each time they enter the US.