Is medicair/medi-CAL ok?

[Jacob707 6]

So ive seen mixed answers ... Is it ok for my 5 month pregnant fiancee to apply for medi-Cal? Would it be a problem for the AOS Later?

[ceadsearc 515]

It is means tested. She may be eligible anyway (you would have to check the specific requirements), and it isn't considered for public charge determination, but as her sponsor you are responsible for paying it back if the government chooses to pursue it. So while her AOS will probably be approved anyway, you may find yourself with a lot of money to pay back.

[Sandra G. 5,016]

Green Card holders are not eligible for medicare or medicaid benefits, just emergency medicaid is not considered a public charge. A pregnancy is not considered emergency.

Edited April 18, 2012 by sandranj

[aaron2020 11,651]

So ive seen mixed answers ... Is it ok for my 5 month pregnant fiancee to apply for medi-Cal? Would it be a problem for the AOS Later?

As a nonresident and noncitizen, receiving Medicaid (called Medi-Cal in California) could affect her AOS. To successfully complete AOS, she need to show that she's not likely to become a public charge. Getting a means tested benefit is not going to help.

The general rule is that LPR cannot receive any means tested benefits for five years. However, there is an exception for pregnant LPRs. A pregnant LPR with less than five years of residency can receive Medicaid. check with the California Health Dept.

There's a big difference between being a nonresident noncitizen versus being an LPR. The public charge issue is only relevant when someone is seeking an immigration visa or adjusting status. It doesn't matter once a person becomes an LPR. Proving that the nonresident noncitizen is not likely to become a public charge when seeking residency in the US is very different from being a legal resident who gets a means tested benefit. Potentially being a public charge when seeking residency and being a legal resident getting means tested benefits are two completely different issues that are somewhat interrelated.

Edited April 18, 2012 by aaron2020

[Jacob707 6]

Ok thanks, i just found a preexisting condition plan for only 164 a month, wont take effect until june 1 but i think it will be best choice.......... Just came from the local hospital here, a sonogram here is $1100....... $30 in colombia.........

[ceadsearc 515]

Sounds like the best plan. Just double check there is no waiting period for maternity, sometimes insurance companies throw that in!