Loren Locke quoted in Law360 about consequences of insurance test on green card applicants
The roll-out has also been "shoddy" and "last-minute," said Loren Locke of Ford Harrison LLP, a former consular officer, leaving immigration lawyers and applicants — some of whom may have had their interviews, the final step of the process, scheduled months in advance for next week — guessing at how to prepare.
…
Locke predicted that the confusion will lead to inconsistent decisions across consulates, and even between officers at the same post, as to what amount of information will be enough.
…
But in its current state, the form, while informative, is not designed for consular officers to make predictions about future medical conditions, on top of an economic analysis of what those conditions might cost, Locke said.
…
Both Locke and Strashnoy said that consular officers are not qualified to make those assessments, which could lead to improper denials.
"Some consular officers may not be qualified, they may not have enough time to make a fully thought-out decision because their workload is very heavy," Strashnoy said. "So it creates a lot of pressure to do things relatively quickly. And when you do it relatively quickly, sometimes, you don't make the right decision."
And moreover, said Locke, this additional burden and time spent reviewing an applicant's medical records and anticipated costs will come at the expense of other factors an officer weighs during an interview, including evaluating whether a marriage is legitimate or whether an applicant could pose a national security threat.
"I hate to see any changes that distract the consular office from the primary duty of protecting the security of the United States," Locke said.