Judge Blocks Immigrant Visa Health Insurance Requirements

November 8, 2019

On November 2nd, 2019 a federal judge temporarily blocked President Trump’s proclamation regarding health care insurance requirements for those seeking immigrant visas, one day before the new policy was set to go into effect.

U.S. District Judge Michael Simon in Portland, Oregon issued a temporary restraining order (TRO), a short-term temporary injunction, blocking the Trump administration from requiring health insurance for people applying for immigrant visas. The 28-day block came after a class-action suit was filed on behalf of seven US citizen plaintiffs.

The proclamation would have required individuals applying for immigrant visas to be covered by approved health insurance within 30 days of entry into the United States or possess the “financial resources to pay for reasonably foreseeable medical costs.” The controversial policy would mostly impact those applying for visas abroad and those joining family members already in the US, impacting as many as 375,000 immigrants annually.

The new rule will not go into effect for the time being, as the Judge agreed to “freeze things the way they are” through a hearing scheduled for November 22, 2019.  For now, those applying for immigrant visas at US consulates will not be required to show proof of health insurance. For more information on petitioning for relatives outside the of the US, please see our website or contact us to schedule a consultation with one of our attorneys.


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