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ResourcesVisa & Immigration LawUS Immigration LawIs Medical Insurance Required for a US SB-1 Returning Resident Visa?

Is Medical Insurance Required for a US SB-1 Returning Resident Visa?

Transcript of the above video:

As the title of this video suggests, we are discussing the SB-1 Returning Resident Visa and for those of you who are unaware, it is a bit of a rare Visa category; it is not used very frequently. 

The SB-1 Returning Resident Visa was created for those who have lawful permanent residence but ended up abroad for such a prolonged period of time that it could reasonably be inferred that a presumption of residence abandonment had arisen. For those folks who previously or presumably still have lawful permanent residence, but they need to get back in the country, for example they have an expired green card or their re-entry permit has expired and they simply can't get back in because an air carrier won't take them on such an expired document, the SB-1 is often times their saving grace. The SB-1 is used, again it is a pretty rare category but it does come up from time to time. We handle it seems like about one a year, it seems like about one of those a year comes up over here and we deal with the SB-1. Again this is for a returning resident. This is for someone who has lawful permanent residence and they are simply looking to return to take that residence back up but they have been abroad so long that it has raised presumptions with respect to abandonment of residence.

Now a question is arising especially in light of the recent Proclamation from President Trump with respect to whether or not it pertains to SB-1 Returning Residents and that specific Proclamation is on mandatory health insurance for applicants who are seeking Immigrant Visas to the United States; whether or not those folks are going to be required to show that they have health insurance. Strictly speaking, an SB-1 Visa is an Immigrant Visa. The person that is getting it has immigrant intent but it is slightly different because they already had their lawful permanent residence and they are just looking to take it back up again. 

This brings us to a recent posting on travel.state.gov.  That is from the US State Department. It's titled Presidential Proclamation on Healthcare. Quoting directly: "This requirement will apply to all Immigrant Visa applicants and individuals seeking to enter the United States on an Immigrant Visa except..." and there is a list and I urge those who are interested to go and check that out but one of the specific things listed is Returning Resident SB-1 applicants so those who are looking for an SB-1 Visa the medical insurance requirement will not be applied to them. 

Now the thing to keep in mind is a Federal Judge in the United States, at least as of the time of this video, has issued an injunction that would bar the enforcement of Trump's Proclamation with respect to health insurance and presumably that injunction will remain in place until an adjudication is finalized as to the legality of this Proclamation so it may be overturned constitutionally or it may just be found to be illegal for whatever reason; it remains to be seen. If at the trial level it is decided that it is in fact illegal for whatever reason, that injunction may remain in place until it is finally kicked around and we finally get it dealt with, with finality. It may end up with the US Supreme Court. It remains to be seen but until such time as the injunction is lifted, this medical insurance requirement is not going to apply to anyone but presuming after it is lifted, let's say it goes ahead and is lifted, then yes this Proclamation will come into effect but notwithstanding it even coming into a fact it specifically does not pertain to SB-1 Returning Residents so those who are seeking an SB-1 Returning Resident Visa from Thailand, need not worry about medical insurance at least as of the time of this video for two reasons: one the injunction and one they are specifically exempted. That may change in the future and if it does we will try to go ahead and do a video on that in a timely manner.