Gave Birth in the US on Tourist Visa

[Boiler 43,543]

I have a feeling Bob is Robert rather than Roberta, but raised an interesting issue.

[Myopia 93]

Myopia – Please read the eligibility for Medicaid on their website, my paste is directly from their website and not my own creation.

For Medicaid you have to be US citizen or legal immigrant (tourist visa is not an immigrant)

I am not saying ppl don’t get help when they go to hospital coz they are not citizen or immigrant – that money comes from state and that rule varies from state to state.

Since Harpa said it was getting more and more common as medical tourism where ppl enter on tourist visa just to give birth to obtain USC – its getting difficult and difficult to do something like this.

Whoever fills i-485 is not a tousirt

PPL who fill out i-485 are legal immigrant and they are entitled to use that funds.

Harsh. Im out of status and I had a baby in the US. I know for a fact that aomeone without status can get Medicaid for the duration of their pregnancy and until their 6 weeks post partum check.

[Boiler 43,543]

The question was not whether you can get it, there are millions who do. Most without status.

The question was what would happen with a subsequent non immigrant visa application where amongst other things you need to show you will not become a public charge.

[Dakine10 5,452]

The question was what would happen with a subsequent non immigrant visa application where amongst other things you need to show you will not become a public charge.

Receipt of emergency medicaid is not a factor that is considered when determining whether or not someone is likely to become a public charge.

[LIFE'SJOURNEY 970]

Receipt of emergency medicaid is not a factor that is considered when determining whether or not someone is likely to become a public charge.

What facts are you basing this responds on?

[Boiler 43,543]

I have a feeling the Consulate will take a different view.

Where is it in FAM?

[Dakine10 5,452]

What facts are you basing this responds on?

These facts are USCIS policy. It's not secret information. Take a look if you're bored. The link is at the bottom of this post, but relevant section is also copied below.

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 the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as 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, and other forms of earned benefits

Unemployment compensation

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

[Dakine10 5,452]

I have a feeling the Consulate will take a different view.

Where is it in FAM?

Past receipt of non-cash benefits (other than institutionalization for long-term care) should not be taken into account under the totality of the circumstances test. Similarly, past receipt of special-purpose cash benefits not for income maintenance should be not taken into account.

http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-54070/0-0-0-54088/0-0-0-55744.html

[Dakine10 5,452]

So to summarize:

Emergency medicaid is not a means tested benefit, is not considered when determining if the immigrant is likely to become a pulic charge, and does not have to be repaid (for immigration purposes).

Medicaid is a mean tested benefit, is not considered when determining if the immigrant is likely to become a public charge unless the immigrant is receiving it at the time of admission/adjustment, and immigration benefits may be affected if it is not repaid.

[LIFE'SJOURNEY 970]

Please read the orginal post,

I need help!!!! My sister gave birth in the US on a tourist visa thru the help of emergency MEDICAID. She'll be going back home to our country nexet month. My question is: her US visa will expire on July of this year and she plans to renew it. Will the immigration find out that my sister used the government funds. I'm also in the process of applying for my citizenship. Will that affect my applications?,,,Some said that MEDICAID is not connected with the immigrations so there's no way that they will find out that my sister availed the government funds. I need some help. Those people who have experienced this same situation, pls help me out...Thanks!

I can guarantee you that if a non-immigrate goes to their local US consular in their country to re-apply for a visitor visa and it is reviled that they came to the US and became a public charge by giving birth, their application for a visitor visa will be DENIED.

You and all others can continue to quote whatever Medicaid law that is prevalent to their state all they want, but Medicaid does not govern visa decisions by consulars.

[Dakine10 5,452]

Please read the orginal post,

I can guarantee you that if a non-immigrate goes to their local US consular in their country to re-apply for a visitor visa and it is reviled that they came to the US and became a public charge by giving birth, their application for a visitor visa will be DENIED.

They did not become a public charge period. There is nothing else to argue about here.

Look you asked for facts, ands I showed them to you. You don't need to guarantee me anything. If you don't care about the correct information, just please STOP asking for links. Every time someone gives you a link and you don't agree, you come back with this same argument. It's completely beside the point how the consulate treats public charges because she is not one.

You and all others can continue to quote whatever Medicaid law that is prevalent to their state all they want, but Medicaid does not govern visa decisions by consulars.

I gave you a direct link to USCIS' site showing their policy on this. Why are you talking about state medicaid laws? Did you not read the link?

[Boiler 43,543]

Past receipt of non-cash benefits (other than institutionalization for long-term care) should not be taken into account under the totality of the circumstances test. Similarly, past receipt of special-purpose cash benefits not for income maintenance should be not taken into account.

http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-54070/0-0-0-54088/0-0-0-55744.html

She is applying to enter as a Tourist, not Immigrate.

[Dakine10 5,452]

She is applying to enter as a Tourist, not Immigrate.

OK Boiler, instead of me finding all the links, maybe you can show me where the FAM says she won't be admitted on public charge grounds.

[Boiler 43,543]

Qualifying for a Visitor Visa

There are specific requirements which must be met by applicants to qualify for a visitor visa under provisions of the Immigration and Nationality Act. The consular officer at the embassy or consulate will determine whether you qualify for the visa.

The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;

That they plan to remain for a specific, limited period;

Evidence of funds to cover expenses in the United States;

Evidence of compelling social and economic ties abroad; and

That they have a residence outside the U.S. as well as other binding ties that will insure their return abroad at the end of the visit.

http://travel.state.gov/visa/temp/types/types_1262.html#3

[bettermuscome 12]

using medicaid can be detrimental in renewing the visa if the embassy is aware of the birth they will ask or look into how it was paid for, this can also happen at the POE....because it is made available to you doesn't mean u have a right to it...being a burden to the US govt. is not a good like when trying to renew a visitors visa.....in short if the topic comes up it will be an issue