One onerous Don rule KOd, another set to take effect
In yet another victory for immigrants, three federal judges have stopped President Trump from implementing new public charge rules due to take effect Oct. 15. Among those successfully challenging the Trump rules was New York Attorney General Letitia James.
The Trump rule would have made it harder for immigrants already in the United States to prove that they are not “likely to become a public charge.” That is, that they would not require income-based public assistance once they get a green card.
The rule included onerous documentation requirements and lengthy new forms. Now, U.S. Citizenship and Immigration Services must accept the same forms and apply the same rules as before Trump proposed a change.
Just last week, the Trump administration announced new, stricter, public charge rules for visa applicants abroad. I expect advocates to challenge those rules as well.
QMust I get health insurance now before the U.S. consul in my husband’s country calls him for his immigrant visa interview? I am a U.S. citizen and I petitioned for a green card for my husband. He submitted all necessary documents to the National Visa Center. We know that the next step is his interview at the U.S. Consulate in his country.
I read about the new rule requiring that green card applicants abroad must have health insurance. My employer doesn’t provide insurance so I am planning to buy him private insurance. Faith
AIf you have the funds to pay for your husband’s private insurance and can show a plan to do so, you need not buy the insurance now. Trump’s new rule requires that immigrant visa applicants abroad prove that they will have health insurance within 30 days of immigrating, or that they have sufficient funds to pay expected medical bills. That rule applies to individuals granted immigrant visas beginning Nov. 3.
Since the government has yet to apply the rule, it’s hard to know for sure what documentation consular officers will require. However, if you can identify a health insurance plan your husband intends to buy and you have the funds to purchase it, he should be fine.
Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.