In February 2020, the new Public charge rule began to be implemented in the U.S. Adjustment of Status Petitions that were postmarked after February 2020 have to include a new I-944 form, Declaration of Self-Sufficiency. One section on the new I-944 form asks whether the green card applicant currently has a health insurance or if the green card applicant has enrolled or will soon enroll in health insurance.
You have a health insurance at the time you are filing the Adjustment of Status application
If you already have a health insurance at the time you are filing the Adjustment of Status application, you will have to submit evidence such as a copy of each policy page showing the terms, type of coverage and individuals covered, specify the amount deductible etc.
You have enrolled or will soon enroll in health insurance
If at the time of filing the Adjustment of Status application you are not enrolled in health insurance yet (or you have enrolled but the health insurance has not yet started), you should submit evidence such as a letter from the Insurance company showing that you have enrolled in a health insurance. The letter/other information you will submit should be detailed and should include information such as the type of coverage and the dates of coverage.
I don’t have a health insurance and I don’t want to get a health insurance. Can I still apply for a green card?
Yes, but you will need to explain and provide documents on how you plan to pay for reasonably anticipated medical costs.
Please note that as part of the green card adjudication process, USCIS will review your Form I-693 (Medical exam) to see if you have any medical condition that will affect your ability to work or care for yourself.
If you have a medical condition, you should submit documents that will outweigh the negative factors related to a medical condition(s), such as a letter from your physician regarding your prognosis and explanation whether your medical condition impacts your ability to work.
Additionally, you should demonstrate that you have sufficient assets to pay for the costs of any reasonable anticipated medical treatment (e.g. bank statements, property ownership documents etc.). If you have a serious medical condition that will require serious medical treatment, then you will have to submit evidence showing that you have more assets than in case when you are very young and have no medical issues.
The USCIS Public Charge rule indicates that having a private health insurance is a “heavily weighted positive factor”.
When deciding whether you will become a public charge, USCIS will look at both positive and negative factors and review your application under the totality of circumstances analysis. This means that just because you don’t have a health insurance does not mean that your green card petition will be denied, but you will need to show additional documents showing how you plan to pay for reasonably anticipated medical costs.
Please see more about the Public Charge rule when you click here.
Please see more about Adjustment of Status when you click here.
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