Update on Health Insurance Proclamation


On November 26, a U.S. judge in Oregon issued a preliminary injunction temporarily blocking the Trump Administration from requiring immigrant visa applicants to show that they will have unsubsidized health insurance within 30 days after entry to the United States or the financial means to cover reasonably foreseeable medical expenses. The temporary restraining order prevented implementation of the proclamation through November 30 while the court considered whether to issue a preliminary injunction.


In October, President Trump issued a proclamation imposing the health insurance requirement, which was to take effect on November 3. The proclamation would have applied to most foreign nationals applying for immigrant visas on or after the effective date, including family-based, employment-based and Diversity Lottery immigrant visa applicants. It did not apply to nonimmigrant visa applicants or applicants for adjustment of status to permanent residence. 


The court order means that, until further notice, foreign nationals will not be subject to the proclamation when applying for immigrant visas. The Trump Administration is expected to appeal the injunction while the lawsuit challenging the proclamation goes forward; however, a ruling on an appeal would likely take several months.


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NADIA ZAIDI, ESQ. PLLC

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