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DuPage County Green Card AttorneyOn October 4, 2019, President Trump issued the following Presidential Proclamation called the Presidential Proclamation on the Suspension of Entry of Immigration Who Will Financially Burden the United States Healthcare System.  The basic requirement of the Proclamation is that those seeking an immigrant visa to enter the United States must have health insurance within 30 days of entry to the United States.  This Proclamation looks daunting so I will break it down by applicability and then impact on your relative’s immigration to the United States.

When does this Proclamation go into effect?

The new healthcare requirement is scheduled to go into effect on November 3, 2019 but may be delayed by potential lawsuits challenging its implementation.  Our firm, Ana M. Mencini & Associates, P.C., monitors changes in immigration law and procedure closely and we will publish updates regarding the implementation dates for this Proclamation.

Who is subject to the Proclamation?

Persons applying for immigrant visas (green cards) from outside the United States are impacted.  That is to say that when a person attends an immigrant visa interview at a U.S. Embassy or Consulate abroad, the immigrant visa may be denied if that person lacks health insurance in the U.S. or appears to be unable to obtain healthcare benefits which are even partly subsidized by U.S. taxpayers.  This includes not only Medicaid, but even coverage which is, in part, subsidized under the Affordable Care Act (a/k/a Obamacare).

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b2ap3_thumbnail_shutterstock_666918340.jpgOften times, criminal convictions go beyond lengthy prison sentences and include costly monetary penalties as well.  These penalties are not just limited to criminal cases but also apply to convictions for traffic matters.  A court may require a defendant to pay court costs, fees, and fines upon a finding of guilt.  Amounts vary from county to county, if not statutorily proscribed, and these financial obligations can quickly add up.  Failure to pay may lead to other sanctions including, but not limited to:

  • Incarceration;
  • suspension of one's driver's license;
  • increased time on supervision or probation;
  • unsuccessful termination from supervision or probation; or
  • increased court costs, fees or fines.

Additionally, these sanctions could potentially affect a person's ability to find or maintain gainful employment, housing, or professional licensing.  The potential financial burden that these fees may have on a person, coupled with the serious ramifications that may result from a person's failure to pay, led the Illinois legislature to enact the Criminal and Traffic Assessment Act (the "Act").

Effective July 1, 2019, defendants will have additional options to help reduce their court costs, fees, and fines.  Specifically, defendants will now have the opportunity to petition the Court to convert some of their fees into community service credit, ask for a substance abuse treatment program credit, and apply for a fee waiver.  Depending on the circumstances, limitations may apply.

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