Form DS-5540 / Health Insurance

[D2345 2]

I’ve read some recent topics about the new DS-5540 form and how it’s apparently not needed at this time.

 

If that’s correct, is there any need for me to buy health insurance for my wife (the visa applicant) before we start the NVC phase?

 

We are young and healthy, so we’d rather not buy health insurance at this time unless it’s required.

[Crazy Cat 39,788]

8 minutes ago, D2345 said:

We are young and healthy,

 Accidents, sudden illnesses, etc. can strike at a moment's notice.  Everyone in the US needs health insurance, imho.

Edited February 9, 2021 by Lucky Cat

[SalishSea 16,964]

52 minutes ago, D2345 said:

I’ve read some recent topics about the new DS-5540 form and how it’s apparently not needed at this time.

 

If that’s correct, is there any need for me to buy health insurance for my wife (the visa applicant) before we start the NVC phase?

 

We are young and healthy, so we’d rather not buy health insurance at this time unless it’s required.

What will you do if she gets COVID, or appendicitis, or is in a car accident?   Doesn't take much to rack up hundreds of thousands of dollars in medical expenses here in the US.  Much cheaper to pay the premiums.

[HRQX 4,145]

48 minutes ago, D2345 said:

is there any need for me to buy health insurance for my wife (the visa applicant)

The CO can still ask about health insurance if the interview is after ~ Feb. 14: https://www.aila.org/advo-media/issues/all/healthcare-insurance-proclamation "On December 31, 2020, the Ninth Circuit reversed the district court injunction of the Healthcare Proclamation (PP 9945) in the Doe, et al., v. Trump, et al., litigation, finding that the proclamation was within the president’s executive authority. Even with this decision, the injunction will remain in place until the mandate issues (approximately 45 days from December 31, 2020)."

 

After entry to the US with the IV, could still sign up for ACA subsidies if eligible. PP 9945 is specifically about US entry.

 

Ninth Circuit decision: https://www.courthousenews.com/wp-content/uploads/2020/12/Ruling.pdf

PP 9945: https://www.federalregister.gov/documents/2019/10/09/2019-22225/suspension-of-entry-of-immigrants-who-will-financially-burden-the-united-states-healthcare-system-in

[Crazy Cat 39,788]

5 minutes ago, HRQX said:

The CO can still ask about health insurance if the interview is after ~ Feb. 14: https://www.aila.org/advo-media/issues/all/healthcare-insurance-proclamation "On December 31, 2020, the Ninth Circuit reversed the district court injunction of the Healthcare Proclamation (PP 9945) in the Doe, et al., v. Trump, et al., litigation, finding that the proclamation was within the president’s executive authority. Even with this decision, the injunction will remain in place until the mandate issues (approximately 45 days from December 31, 2020)."

 

After entry to the US with the IV, could still sign up for ACA subsidies if eligible. PP 9945 is specifically about US entry.

 

Ninth Circuit decision: https://www.courthousenews.com/wp-content/uploads/2020/12/Ruling.pdf

PP 9945: https://www.federalregister.gov/documents/2019/10/09/2019-22225/suspension-of-entry-of-immigrants-who-will-financially-burden-the-united-states-healthcare-system-in

Thanks for that information.  You really do a great job of keeping us up to date.....

[D2345 2]

Based on the info from HRQX, do we need to prepare and bring the DS-5540 form too then?

 

I searched for the DS-5540 form and it doesn't seem to be available online at all anymore. It looks like it was pulled from the gov website, so we have no way to fill it out.

[HRQX 4,145]

27 minutes ago, D2345 said:

do we need to prepare and bring the DS-5540 form too then?

No. The DOS public charge rule and associated Form DS-5540 are still indefinitely blocked by a SDNY injunction: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html "Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire."

[HRQX 4,145]

On 2/9/2021 at 9:59 AM, HRQX said:

The CO can still ask about health insurance if the interview is after ~ Feb. 14: https://www.aila.org/advo-media/issues/all/healthcare-insurance-proclamation "On December 31, 2020, the Ninth Circuit reversed the district court injunction of the Healthcare Proclamation (PP 9945) in the Doe, et al., v. Trump, et al., litigation, finding that the proclamation was within the president’s executive authority. Even with this decision, the injunction will remain in place until the mandate issues (approximately 45 days from December 31, 2020)."

PP 9945 is still currently not in force. https://www.aila.org/File/DownloadEmbeddedFile/87830 (Dated 02/10/21)

Quote

Presidential Proclamation 9945 remains enjoined at this time based upon two separate challenges to the Proclamation. In Doe v. Trump, the District Court enjoined the enforcement of the Proclamation. Although the Ninth Circuit issued a decision to stay this injunction (and permit the enforcement of the Proclamation), the Court has not issued a mandate to implement its decision. This leaves in place the lower court’s injunction, pending the plaintiffs’ motion for rehearing en banc which will delay the mandate until the court decides whether to rehear the case. Proclamation 9945 also remains enjoined because the Federal District Court in New York, in Make the Road NY et al. v. Pompeo, issued a separate injunction against the Proclamation as well as DOS’ version of the public charge rule. That injunction remains in place.

 

On 2/9/2021 at 10:05 AM, Lucky Cat said:

Thanks for that information.  You really do a great job of keeping us up to date.....

I try my best.