What will happen if AOS is denied- we got RFE

[NancyNguyen 1,657]

You are pregnant now, there is no way you will be able to obtain a health insurance policy...

[VanessaTony 3,567]

You are pregnant now, there is no way you will be able to obtain a health insurance policy...

Incorrect. They are not allowed to be denied insurance based on pregnancy. See here: http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html

[VanessaTony 3,567]

Thank u for ur answer. I´m afraid I didn´t explain correctly. They sent us a letter asking for proof of having life and medical insurance 2gether which we don´t have so that´s why we´ll have to buy it.

My husband has lived without medical insurance for more than 10 years ( believe it or not! ), he just got it last month from work but it only covers him. He thought about including me in the future, not now tho since we´re using State Services for my pregnancy.

Okay you don't seem to understand. You don't go out and buy it now (unless you want to) because immigration won't accept it. You need to provide evidence from BEFORE the interview. If you didn't have health insurance together then you don't have anything to submit. ANYONE can get a list from the interview of "if you have these we'll approve you" and go out and do them so that's why it needs to be from BEFORE the interview... What else did the RFE ask for? Was it JUST for medical/life insurance?

I agree with other posters above that they might be concerned about you being a public charge. If you ARE determined to be a public charge then your AOS will be denied and you will be ineligible for AOS. So you REALLY need to find out what you've been using.

I suggest you speak to an immigration lawyer ASAP and BEFORE replying to the RFE.

[VanessaTony 3,567]

My husband ( petitioner ) decided to use it since lots of illegal aliens are using it without having to pay a penny back. He thought that being an American he had the same rite to use public aid as any other person.

But, Can we focus on my first questions please? Will I get denied the AOS and be deported? What happens when people are denied the AOS?

Yes your HUSBAND can use the services but you are an immigrant and usually cannot. It depends on the service. I'm trying not to be judgemental here but it doesn't look the best that your husband feels HE can get away with paying 'cause lots of "illegals are using it"... Just because some people get away with it doesn't make it right.

You CAN be denied AOS and you CAN be deported. That's the problem. If you are denied you can appeal the denial. If your denied for being a public charge I think that's an entirely different situation. You definitely need to see a lawyer now.

[VanessaTony 3,567]

1. if you don't have a joint bank account getting one now doesn't help anything

2. Again if you didn't have it already then getting it now doesn't help anything

I explained the denied issue in your other thread (which I have reported to be merged with this one).

[NancyNguyen 1,657]

Yup this is beyond do-it-yourself already, an experienced lawyer is answer now.

[NY_BX 397]

My husband ( petitioner ) decided to use it since lots of illegal aliens are using it without having to pay a penny back. He thought that being an American he had the same rite to use public aid as any other person.

But, Can we focus on my first questions please? Will I get denied the AOS and be deported? What happens when people are denied the AOS?

This is the main reason why they sent you an RFE. It is not a requirement to have life insurance on your spouse, for example. If you do not have it by now, you have a problem. Answer the RFE and get a lawyer. Ironically, the save-money strategy will cost a whole lot more... and not only financially.

Buena suerte!

Edited March 30, 2012 by NY_BX

[Imagination 15]

You cannot be a public charge and if tax payers are paying for you the foreigner and now we get to pay for your baby too... I think that means you are a public charge and your husband cannot afford a wife or a kid

I think you will be denied!

Start reading the uscis guidelines for being a public charge

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=354fb2a3fffb4210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Public Charge Fact Sheet

Introduction

Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet seeks to inform non-citizens about public charge determinations and help them to make informed choices about whether to apply for certain public benefits.

Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

Immigration and welfare laws have generated some concern about whether a non-citizen may face adverse immigration consequences for having received Federal, state, or local public benefits. Some non-citizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.

Definition of Public Charge

For purposes of determining inadmissibility, agency guidance has, since 1999, defined “public charge” to mean an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

Benefits Subject to Public Charge Consideration

The agency guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and State or local cash assistance programs for income maintenance, often called “General Assistance” programs. Acceptance of these forms of public cash assistance could make a non-citizen inadmissible as a public charge, if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as part of the public charge analysis of the totality of the circumstances. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

• Children's Health Insurance Program (CHIP)

• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

• Housing benefits

• Child care services

• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

• Emergency disaster relief

• Foster care and adoption assistance

• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

• Job training programs

• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

• Non-cash benefits under TANF such as subsidized child care or transit subsidies

• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination

• Unemployment compensation is also not considered for public charge purposes

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for on-going cash assistance for income maintenance, they are not subject to public charge consideration.

I think you will not be denied. You didnt do anything wrong. You are not public charge. The benefits you are not considered public charge!

Edited March 31, 2012 by Imagination

[Basee 2]

Thank you for the information.

I think tho that my husband can afford a wife and a child, he will just have to go in big debt, just like everybody else ( the majority ).

I'm going to put my 2c in because I can.

1. The whole point of affidavit of support is to show that the petitioner and or joint sponsor can finance you should the need arise.

2. Your husband may well have never had medical insurance, but he was single then. It is his duty to protect and provide for his family.

3. There is PLENTY of advice, guidelines, tips etc, to help people negotiate the immigration maze. You have been married long enough to have accumulated the evidence that is required.

4. Rather than get indignant about what others are doing, secure your own future PROPERLY so that your husband and child are not denied a wife and mother, because that's what you are facing or at the very least... illegal immigrant status which is restrictive at best and criminal at worst.

5. Finally, remember there are many others who want to join loved ones here in the US. Your actions as well as others who do not do the right thing, impact on the rest of us.

[Imagination 15]

The benefits you used* are not considered public charge. (missed a word)

[Imagination 15]

OP: I don't know why people act like they are experts in everything and try to scare you that you will be denied or anything. Like I highlighted above, the services you are using are the ones you are entitled to. Those services are not considered public charge. Feel free to continue to use them as long as you are entitled to them.

Provide the evidence of bona fide marriage that you DO have. You must have plenty for being married for a while now. You can create joint account now and provide that as an evidence, they do consider that a red flag if the documents are issued very close to the interview date or submission date. However, it does not mean that you will be denied, they will question you about it and you can be honest in your response about why you didn't have a joint account before.

Edited March 31, 2012 by Imagination

[VanessaTony 3,567]

OP: I don't know why people act like they are experts in everything and try to scare you that you will be denied or anything. Like I highlighted above, the services you are using are the ones you are entitled to. Those services are not considered public charge. Feel free to continue to use them as long as you are entitled to them.

Provide the evidence of bona fide marriage that you DO have. You must have plenty for being married for a while now. You can create joint account now and provide that as an evidence, they do consider that a red flag if the documents are issued very close to the interview date or submission date. However, it does not mean that you will be denied, they will question you about and you can be honest in your response about why you didn't have a joint account before.

PLEASE refrain from giving advice on these kinds of topics (means tested/public charge) as you have a history of giving completely inaccurate advice (including in your own situation). You only serve to confuse people. I am aware I have no right to stop you from posting but I do have the right to warn people that your advice is always wrong when it involves these topics and I do have the right to report you if you continue to confuse people with inaccurate advice (you have been told and shown many times where and why you are wrong so I can only assume you continue to give wrong advice because you want people to fail in their immigration journey).

They ARE most likely means-tested benefits which her husband my be forced to pay back. They MIGHT be public charge assistance, it depends on what she is using. She didn't say "medicaid" she said STATE assistance which tends to be federal assistance which CAN be a public charge issue and sometimes hospitals have other benefits that most DEFINITELY are public charge issues.

This is why in my post http://www.visajourney.com/forums/topic/360234-what-will-happen-if-aos-is-denied-we-got-rfe/page__view__findpost__p__5260132 I stated she needs to find out WHAT she's been using and see a lawyer about the other issues she has (not enough co-mingling).

You CANNOT say she will be fine because you DON'T know what she's using. Just like we can't say she's in trouble but we CAN say she needs to find out and if she is warn her of the consequences.

Edited March 31, 2012 by Vanessa&Tony

[Imagination 15]

PLEASE refrain from giving advice on these kinds of topics (means tested/public charge) as you have a history of giving completely inaccurate advice (including in your own situation). You only serve to confuse people. I am aware I have no right to stop you from posting but I do have the right to warn people that your advice is always wrong when it involves these topics and I do have the right to report you if you continue to confuse people with inaccurate advice (you have been told and shown many times where and why you are wrong so I can only assume you continue to give wrong advice because you want people to fail in their immigration journey).

They ARE most likely means-tested benefits which her husband my be forced to pay back. They MIGHT be public charge assistance, it depends on what she is using. She didn't say "medicaid" she said STATE assistance which tends to be federal assistance which CAN be a public charge issue and sometimes hospitals have other benefits that most DEFINITELY are public charge issues.

This is why in my post http://www.visajourney.com/forums/topic/360234-what-will-happen-if-aos-is-denied-we-got-rfe/page__view__findpost__p__5260132 I stated she needs to find out WHAT she's been using and see a lawyer about the other issues she has (not enough co-mingling).

You CANNOT say she will be fine because you DON'T know what she's using. Just like we can't say she's in trouble but we CAN say she needs to find out and if she is warn her of the consequences.

Did you see the post I quoted? And I did NOT say she will be fine. I only told her that she may use what she is entitled to. As quoted, there are even cash benefits that are not considered public charge and series of other health care services. Again, YOU HAVE THE HISTORY OF POSTING "WRONG WRONG WRONG" while saying the exact same thing.

[VanessaTony 3,567]

Did you see the post I quoted? And I did NOT say she will be fine. I only told her that she may use what she is entitled to. As quoted, there are even cash benefits that are not considered public charge and series of other health care services. Again, YOU HAVE THE HISTORY OF POSTING "WRONG WRONG WRONG" while saying the exact same thing.

Really? okay true. You didn't say the EXACT words "she'll be fine" but you did say:

I think you will not be denied. You didnt do anything wrong. You are not public charge. The benefits you are not considered public charge!

Semantics but basically the same thing. You DON'T KNOW what she's used so you DON'T KNOW whether they're public charge so you DON'T know that she "will not be denied".

You also said:

OP: I don't know why people act like they are experts in everything and try to scare you that you will be denied or anything. Like I highlighted above, the services you are using are the ones you are entitled to. Those services are not considered public charge. Feel free to continue to use them as long as you are entitled to them.

Provide the evidence of bona fide marriage that you DO have. You must have plenty for being married for a while now. You can create joint account now and provide that as an evidence, they do consider that a red flag if the documents are issued very close to the interview date or submission date. However, it does not mean that you will be denied, they will question you about it and you can be honest in your response about why you didn't have a joint account before.

She also CAN make a bank account now but it won't be considered because it was made after the interview.

You DON'T KNOW that she is entitled to the benefits because you DON'T KNOW what she's using so SAYING she "may use what she is entitled to" is just misleading. As an immigrant she is NOT entitled to "means tested benefits" until she's been an LPR for 5 years.. but that doesn't mean she wouldn't be approved. Hence the problem. She has stated she is using the same benefits that "illegal immigrants use and don't have to pay back" so we have no idea what she's using.

I stand by my previous statements that you stop giving advice of this nature. All advice previous to yours was true "IF she is" being our operative phrase, and "see a lawyer" being the best advice for her sticky situation. Failure to properly reply to the RFE will result in denial.

As for the comments about me - this is exactly my point. You STILL don't understand where you are wrong so you STILL keep thinking that what you've been saying and what others say are the same thing, when they're not. Again, "means-tested benefits" and "public charge" are separate issues that you still don't seem to understand.

[Imagination 15]

Really? okay true. You didn't say the EXACT words "she'll be fine" but you did say:

Semantics but basically the same thing. You DON'T KNOW what she's used so you DON'T KNOW whether they're public charge so you DON'T know that she "will not be denied".

You also said:

She also CAN make a bank account now but it won't be considered because it was made after the interview.

You DON'T KNOW that she is entitled to the benefits because you DON'T KNOW what she's using so SAYING she "may use what she is entitled to" is just misleading. As an immigrant she is NOT entitled to "means tested benefits" until she's been an LPR for 5 years.. but that doesn't mean she wouldn't be approved. Hence the problem. She has stated she is using the same benefits that "illegal immigrants use and don't have to pay back" so we have no idea what she's using.

I stand by my previous statements that you stop giving advice of this nature. All advice previous to yours was true "IF she is" being our operative phrase, and "see a lawyer" being the best advice for her sticky situation. Failure to properly reply to the RFE will result in denial.

As for the comments about me - this is exactly my point. You STILL don't understand where you are wrong so you STILL keep thinking that what you've been saying and what others say are the same thing, when they're not. Again, "means-tested benefits" and "public charge" are separate issues that you still don't seem to understand.

OBVIOUSLY when someone says "I THINK" it is an opinion. AND OBVIOUSLY I did not talk about "means-tested benefits". It is very HIGHLY LIKELY that she is using what she IS entitled to because A LOT of these benefits are not considered public charge and are available to her.

You ALWAYS FAIL to READ. And ALWAYS ARGUE LIKE YOU ARE THE ONLY PERSON THAT HAVE THE ANSWERS TO EVERYTHING. THIS is a PUBLIC forum. SHE ASKED FOR OPINIONS. IF SHE NEEDS LEGAL ADVICE FROM A LAWYER, she will contact a lawyer instead!