E2 Visa and Medicaid

[optimusprime10 0]

Hi all,

I had applied for and E2 (Investors Treaty Visa) visa back in 2012 and I got this visa for 5 years. I had a legitimate business there and had made sufficient investment to be entitled to carry on my business. I came back in May 2013 after spending almost 7 months in USA. I came here to my country, Pakistan to give exams which I had left at the time of my travel in Nov 2012. Then I again went back to USA in Nov 2013 with my wife. I came back in one weeks time since my ACCA exams were nearing. My wife gave birth to our baby daughter in January 2014. But she took Medicaid which i got to know later that she was not supposed to avail. Well now i had to make passport of my daughter thus i went to the US consulate in Karachi, Pakistan to get the consent form attested DS-3053 for my daughter since i had planned to travel in June 2014 not before that.

All hell broke loose when i visited the consulate they did attest the consent form for me but restricted me not to travel to usa unless i provide them with the Insurance Bill. Well till then i didnt know about Medicaid. after sending the bills they called me for a RE-INTERVIEW. Not the counsel member who was taking my interview was very rude said that i was running a scam and i am falsifying information, etc. No one told me before the RE-INTERVIEW call even though i asked that what was the purpose of the call. Thus she just took my passport and Cancelled my Visa!.

I did say that the initial paper work that was submitted with my case in 2012 should be reviewed first before pointing any fingers at me. She said no now u just re apply once you PAY THE FIRST INSTALLMENT OF YOUR MEDICAID BILL. Is that fair? I invested more than $100,000/- and for a mere sum of $7419.64/- my visa gets cancelled? If i knew that availing medicaid is wrong i would have never went back to the Consulate in the first place, and lets say for instance even if i knew about mediciad i would have paid it right then and their and never have risked my visa.

Any help in this regard would be highly appreciated.

Regards

Optimus

[Merrytooth 5,748]

What's your problem? Pay off the Medicaid bill then since you are rich enough to afford it.

[belinda63 2,981]

You were living in the US with a pregnant wife and did not have medical insurance. The US taxpayers paid for your wife and the child's care. Now you need to pay the bill prior to obtaining a new visa. How did your wife qualify for Medicaid when you own a business?

Edited April 11, 2014 by belinda63

[nadia&sameer 12]

Medicaid isn't just given to you without knowing. You're visa may be legal, but you receiving medical care for your wife, a non-citizen, was illegal. Pay your bill, let the Embassy know you did not realize you could not take medicare (which I find hard to believe as providing proof of citizenship is a requirement on the paperworkapplication) and see if they will possibly issue you a new visa. I hope all goes well for you.

[canadian_wife 1,791]

If it is a 'mere sum' then simply pay it. You were not entitled to it regardless of your situation. You owe the payment. So pay it.

good luck, congrats on the baby

[Boiler 43,425]

E2 requires a certain investment and that the income produced is non marginal.

I would fascinated to know what was put on the Medicaid application, my guess is that the Consulate would as well.

Edited April 11, 2014 by Boiler

[aaron2020 11,651]

I did say that the initial paper work that was submitted with my case in 2012 should be reviewed first before pointing any fingers at me. She said no now u just re apply once you PAY THE FIRST INSTALLMENT OF YOUR MEDICAID BILL. Is that fair? I invested more than $100,000/- and for a mere sum of $7419.64/- my visa gets cancelled?

Being an investor does not entitle your family to free medical services.

It is absolutely fair. Your family violated the terms of your visas by becoming public charges.

Where should the finger be pointed if not you? Who applied for Medicaid in violation of his visa?

Take responsibility for the mistake you created. Pay the "mere sum of $7419.64."

If you feel cheated, then sell your investment and take your money home.

Edited April 11, 2014 by aaron2020

[optimusprime10 0]

If it is a 'mere sum' then simply pay it. You were not entitled to it regardless of your situation. You owe the payment. So pay it.

good luck, congrats on the baby

Thank you , and yes thats exactly what i told the counsel member that i will pay it in full, but instead they cancelled my VISA.

Well thats the problem had they just asked me to pay the sum owed to the Medicaid bill, that was okay but on that they cancelled my VISA that is the problem. Is this such an extreme case? I dont think so. And if i did know that medicaid is such a problem y would someone even bother taking it, when one can invest thousands , then spending a little more for your family is nothing. Thus sincerely i didnt know neither i was told by my faimly.

Edited April 11, 2014 by optimusprime10

[aaron2020 11,651]

Thank you , and yes thats exactly what i told the counsel member that i will pay it in full, but instead they cancelled my VISA.

Well thats the problem had they just asked me to pay the sum owed to the Medicaid bill, that was okay but on that they cancelled my VISA that is the problem. Is this such an extreme case? I dont think so. And if i did know that medicaid is such a problem y would someone even bother taking it, when one can invest thousands , then spending a little more for your family is nothing. Thus sincerely i didnt know neither i was told by my faimly.

Once you violated the terms of your visa, it gets cancel.

It's not a matter of reimbursement and your violation is forgiven. If it was, then people would violate their visas without fear because they would only pay when caught. It would actually encourage people to violate the terms of their visas because reimbursement would be the only penalty when they get caught.

Bottom line is that you violated the terms of your visa and that is why your visa got revoked.

[Boiler 43,425]

Nothing to stop you applying for another visa. Certainly something worth have a long chat with your Lawyer first.

[canadian_wife 1,791]

The problem is, you used tax payer money to fund the birth of your child. You used funds that you were not entitled to and thus became a public charge. If you, as you say, didn't need Medicaid because of your large investments, why did you apply for it?

good luck

[belinda63 2,981]

I'm still trying to figure out how she qualified for Medicaid without lying.

[Boiler 43,425]

I'm still trying to figure out how she qualified for Medicaid without lying.

Somebody was told a porky.

The Consulate was told one thing, Medicaid another, they can not both have been right.

[ingrid_rachel 18]

My husband's sister-in-law has Medicaid, WIC, Welfare and free PK for her kid and she is living in Chicago thanks to her Tourist visa. I'm an American citizen by birth and can not receive these benefits due to the residence of my husband. It is not fair to get away with it

[jan22 2,898]

There's a larger picture here that might cause problems. The Treaty Trader/Treaty Investor visa is for person to enter the US and actively manage his/her business. It seems since getting the E2 visa in 2012, the OP has only been in the US for a little over 7 months -- yet, his wife is still there as his dependent. For her to continue to derive status from him, he has to be in legal status. Some might argue that he basically has not been in that status since he left in May 2013, since during his one-week trip to the US since then it is unlikely he was taking too active a role in the business. But clearly now, since he no longer has a valid E2 visa nor status, she no longer has legal status in the US. Who is running the business and how is she being supported? BTW, assuming she has a derivative visa (i.e., based on his), she cannot be legally working in the business.