Jump to content
Sign in to follow this  
Mikaela_jan

Seeking medical assistance, will it affect my AOS application?

18 posts in this topic

Recommended Posts

Hope everyone had a great Christmas with family and friends..

Just recently, my husband ( USC) and I (non-USC) found out that I am pregnant. Both of us have no heath insurance, and we tried to apply but they disqualified me for my pregnancy. However, they advised us to seek help in the Dept of Health. Earlier today, we applied for medical assistance ( as advised), and the approval will be known on friday. I was a bit worried, that I might be a public charge,and thus affect my AOS application ( I dont want to be a public charge, but there's no way for us to be able to support with my pregnancy as I am jobless, and my hubby is not earning that much). When we asked the lady, she said, she always encounter that same question and said that, it wont absolutely affect my green card application. She said, as long as I am pregnant, I do qualify.. and since I am not USC, it might only affect the coverage.

I just want to make sure that I am doing right thing here. I don't want me and my hubby will be in trouble. I was actually planning to go to my home country to give birth, but my husband wont allow, as we've been away for so many years, and just got here and married 6 months ago, which even me, I want to be with him in the whole course of my pregnancy.

Any ideas and advice are very much appreciated. Thanks a lot.

Share this post


Link to post
Share on other sites

Medicaid health insurance is a means tested benefit. they can go after your sponsor to get their money back. I hope your husband made enough money to be your sponsor so no one else gets their salary garnished.


May 24, 2011 NOA1

Sept 11, 2011 NOA2-took 19 days to get case number

Sept 30, 2011 NVC number and IIN received Friday-gotta wait till Monday

Oct 13, 2011 Case Completed- 13 days from receiving case number Took 32 days from NOA2

Nov 30, 2011 Notified of Interview date

January 19, 2012 Interview- 240 days from NOA1

INTERVIEW RESULTS-APPROVED WITH 14 WEEKS AP--but he got his visa in 56 days!!!!!!

PLEASE EDIT YOUR TIMELINE IN YOUR PROFILE SO OTHERS CAN LEARN HOW LONG EACH STEP TAKES IN THIS PROCESS

Share this post


Link to post
Share on other sites

Your AOS is pending so I'd first suggest you figure out specifically which benefit you're applying for and getting. If it's a means tested benefit, then tread carefully while AOS is pending. Being a public charge is grounds for denial. Some benefits are alright. Emergency medicaid might be one of them however you have to check. There are other programs availabe as well.

Have you tried looking for insurence covering pre existing condition?

Another thing - if you have an interview and they want an updated I864 from your husband, be prepared to count in the new household member.

Which state are you in?


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Share this post


Link to post
Share on other sites

You cant be denied for being pregnant per HIPAA (see here: http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html#.UNu-7Kzc8pc), but they could make it so your coverage doesn't start till after you're due.

How you'll be affected depends on what you're planning on using. Not all are public charge issues, but a lot ARE means-tested benefits which means that your husband could be sued by the government to pay it back.

Share this post


Link to post
Share on other sites

Your AOS is pending so I'd first suggest you figure out specifically which benefit you're applying for and getting. If it's a means tested benefit, then tread carefully while AOS is pending. Being a public charge is grounds for denial. Some benefits are alright. Emergency medicaid might be one of them however you have to check. There are other programs availabe as well.

Have you tried looking for insurence covering pre existing condition?

Another thing - if you have an interview and they want an updated I864 from your husband, be prepared to count in the new household member.

Which state are you in?

Thanks a lot for this info. I just read in the USCIS website about public charge, medicaid is not included, but it is a means tested benefits. I am really scared and worried, I don't want my husband to be in trouble. He tried to call insurance company, but they just declined us. We are living in Maryland.

You cant be denied for being pregnant per HIPAA (see here: http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html#.UNu-7Kzc8pc), but they could make it so your coverage doesn't start till after you're due.

How you'll be affected depends on what you're planning on using. Not all are public charge issues, but a lot ARE means-tested benefits which means that your husband could be sued by the government to pay it back.

Thanks for the link. We will look into it. Yup, i just found out that medical assistance is a means-tested benefits. We actually tried calling insurance companies here in MD, but they declined us once told I am pregnant.

Share this post


Link to post
Share on other sites

Medicaid health insurance is a means tested benefit. they can go after your sponsor to get their money back. I hope your husband made enough money to be your sponsor so no one else gets their salary garnished.

Thanks for the reply, appreciate it. We are trying our best not to seek any medical assistance or taking advantage of the gov'ts aids, we are just having difficulty as we couldn't find any insurance company. My pregnancy is not really planned.

Share this post


Link to post
Share on other sites

USCIS will not determine that an alien is a public charge just because they've received temporary medical assistance on the taxpayer's dime. USCIS will also not determine that a sponsor's affidavit of support is insufficient just because the sponsored immigrant has received means tested public benefits, or even if they are currently receiving means tested public benefits. USCIS will only be concerned with having a sponsor who submits a sufficient affidavit of support.

USCIS does not get directly involved in enforcing the affidavit of support. What USCIS often does is notify state and local agencies that provide means tested benefits with information about a sponsored immigrant and their sponsor(s). They'll also provide that information to any agency if they receive a subpoena for it. It's up to the agency whether or not to seek reimbursement from the sponsor. This is from the Adjudicators Field Manual, chapter 20.5, paragraph (p).

Your first concern must be for the child. If you can afford to pay out of pocket for the first couple of visits to an obstetrician then you might want to consider that. Most office visits that don't require tests are usually less than $150. If there's nothing abnormal about the pregnancy then you'll probably only need to see the doctor once a month for the first 7 or 8 months. If you can afford to pay for those visits out of pocket then do so. If there's any sign of trouble, or you just can't afford to pay for the doctor visits, then don't hesitate to get assistance from the state. The worst case scenario is that the state will ask your husband to reimburse them.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

USCIS will not determine that an alien is a public charge just because they've received temporary medical assistance on the taxpayer's dime. USCIS will also not determine that a sponsor's affidavit of support is insufficient just because the sponsored immigrant has received means tested public benefits, or even if they are currently receiving means tested public benefits. USCIS will only be concerned with having a sponsor who submits a sufficient affidavit of support.

USCIS does not get directly involved in enforcing the affidavit of support. What USCIS often does is notify state and local agencies that provide means tested benefits with information about a sponsored immigrant and their sponsor(s). They'll also provide that information to any agency if they receive a subpoena for it. It's up to the agency whether or not to seek reimbursement from the sponsor. This is from the Adjudicators Field Manual, chapter 20.5, paragraph (p).

Your first concern must be for the child. If you can afford to pay out of pocket for the first couple of visits to an obstetrician then you might want to consider that. Most office visits that don't require tests are usually less than $150. If there's nothing abnormal about the pregnancy then you'll probably only need to see the doctor once a month for the first 7 or 8 months. If you can afford to pay for those visits out of pocket then do so. If there's any sign of trouble, or you just can't afford to pay for the doctor visits, then don't hesitate to get assistance from the state. The worst case scenario is that the state will ask your husband to reimburse them.

Thanks a lot for this information, appreciate it for sharing. Yup, you are absolutely right, the baby's welfare is the priority. We are doing a lot of thinking, and searching for the best possible option. If there is really no choice, I might as well go home and deliver my baby in my home country, where I could get the best hospital treatment at a cheaper fees. I am just scared and worried about thinking my husband has to pay at the end, I don't want him to be buried with so much debts. Currently, he is also paying his student loans. My only dilemma is I have a pending AOS application, which if i'll go home, might be considered abandoned or whatever. I am thinking of two options here, a) maybe go home in my 32th weeks of pregnancy, deliver the baby and come back if there will be an interview appointment.. b) still same with option a, and if i wont manage to come for interview ( because maybe if almost my due date), then maybe i'll apply for CR1 for myself and CRBA for the baby.

We still dont know what to do. Of course, my husband and I wants to have a baby here. Any ideas and suggestions are very much appreciated. As of now, we are waiting for the approval for the medical assistance program and also, looking still for insurance that would allow us even though I am preggy.

Thanks a lot for all the understanding and help.

God bless.

Congratulations on the good news, good luck with this.

Thank you.

Share this post


Link to post
Share on other sites

USCIS will not determine that an alien is a public charge just because they've received temporary medical assistance on the taxpayer's dime. USCIS will also not determine that a sponsor's affidavit of support is insufficient just because the sponsored immigrant has received means tested public benefits, or even if they are currently receiving means tested public benefits. USCIS will only be concerned with having a sponsor who submits a sufficient affidavit of support.

USCIS does not get directly involved in enforcing the affidavit of support. What USCIS often does is notify state and local agencies that provide means tested benefits with information about a sponsored immigrant and their sponsor(s). They'll also provide that information to any agency if they receive a subpoena for it. It's up to the agency whether or not to seek reimbursement from the sponsor. This is from the Adjudicators Field Manual, chapter 20.5, paragraph (p).

Your first concern must be for the child. If you can afford to pay out of pocket for the first couple of visits to an obstetrician then you might want to consider that. Most office visits that don't require tests are usually less than $150. If there's nothing abnormal about the pregnancy then you'll probably only need to see the doctor once a month for the first 7 or 8 months. If you can afford to pay for those visits out of pocket then do so. If there's any sign of trouble, or you just can't afford to pay for the doctor visits, then don't hesitate to get assistance from the state. The worst case scenario is that the state will ask your husband to reimburse them.

Public hospitals will also base the cost of care on what your husband's income is. You can contact the hospital before the birth and they will give you a form to fill out. They will request your husband's most recent pay stubs and his tax return to determine how much you will have to pay, and set up a payment plan.



Share this post


Link to post
Share on other sites

Hello,

I work in the health field and hear these stories a lot. It is very frustrating to see so much misinformation.

First: You should not worry about applying for Medicaid or about having your baby covered under Medicaid or the State Child Health Insurance Program (SCHIP). This should not impact your request for permanent residence.

Second: The high priority now is your health and the health of your baby. I don't know what state you live in, but while you wait for your Medicaid coverage to start (it should be retroactive to the date of your pregnancy actually) you can start getting comprehensive, affordable prenatal care right away (for a very low copayment) at any one of the federally funded HRSA clinics (also called Community Health Centers or Federally Qualified Health Centers). These are private clinics that receive 4 from the federal government to ensure that people who are low income, uninsured, culturally diverse, and have other barriers to care, are able to receive timely and high quality primary care at an affordable cost.

See here for a list:

http://findahealthcenter.hrsa.gov/Search_HCC.aspx?byCounty=1

For more information on the non-applicability of Medicaid to the public charge provision see this guidance from DHS to HRSA:

http://bphc.hrsa.gov/policiesregulations/policies/pal199925.html

Feel free to PM me if you have questions.

And ... congratulations on your growing family! :)

Share this post


Link to post
Share on other sites

Hope everyone had a great Christmas with family and friends..

Just recently, my husband ( USC) and I (non-USC) found out that I am pregnant. Both of us have no heath insurance, and we tried to apply but they disqualified me for my pregnancy. However, they advised us to seek help in the Dept of Health. Earlier today, we applied for medical assistance ( as advised), and the approval will be known on friday. I was a bit worried, that I might be a public charge,and thus affect my AOS application ( I dont want to be a public charge, but there's no way for us to be able to support with my pregnancy as I am jobless, and my hubby is not earning that much). When we asked the lady, she said, she always encounter that same question and said that, it wont absolutely affect my green card application. She said, as long as I am pregnant, I do qualify.. and since I am not USC, it might only affect the coverage.

I just want to make sure that I am doing right thing here. I don't want me and my hubby will be in trouble. I was actually planning to go to my home country to give birth, but my husband wont allow, as we've been away for so many years, and just got here and married 6 months ago, which even me, I want to be with him in the whole course of my pregnancy.

Any ideas and advice are very much appreciated. Thanks a lot.

http://aspe.hhs.gov/hsp/immigration/restrictions-sum.shtml

D. “Federal Means-Tested Public Benefits” — TANF, Medicaid, and CHIP

Five year ban for Qualified Aliens who entered the country on or after 8/22/96

Most “qualified aliens” entering the country on or after enactment are banned from receiving “Federal means-tested public benefits” for a period of 5 years beginning on the date of the alien’s entry with a qualified alien status (Sec 403) (see exceptions below). The HHS interpretation, published in the Federal Register on August 26, 1997 (62 FR 45256), designated TANF and Medicaid (except assistance for an emergency medical condition under Medicaid) as the Federal means-tested public benefits administered by the Department. Subsequently, HHS has communicated that the Children’s Health Insurance Program (CHIP) is also a “Federal means-tested public benefit.” The Social Security Administration has stated that Supplemental Security Income is a “Federal means-tested public benefit.” The Department of Agriculture has also stated that SNAP benefits (formerly food stamps) are also means-tested. No other program has been determined to be a “Federal means-tested public benefit” program.

Exceptions to the 5-year ban on “Federal Means-Tested Public Benefits”:

States have the option to provide Medicaid and CHIP assistance to children and pregnant women who are lawfully residing in the United States without a 5-year delay, and no debt accrues to a sponsor under an affidavit of support on the basis of receipt of such assistance, and the cost of such assistance is not considered an unreimbursed cost. (Sec. 214, P.L. 111-3, Children’s Health Insurance Program Reauthorization Act of 2009) Refugees, Asylees, aliens whose deportation is being withheld, Amerasians, and Cuban/Haitian entrants and victims of a severe form of trafficking.. (Sec 403(b)(1))

Veterans, members of the military on active duty, and their spouses and unmarried dependent children. (Sec 403(b)(2))

Certain Indians, Hmong, and Highland Laotians are eligible for SNAP. (Sec 403(d))

Edited by hamigirl710


event.png


event.png



Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13

APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

Share this post


Link to post
Share on other sites

Hello,

I work in the health field and hear these stories a lot. It is very frustrating to see so much misinformation.

First: You should not worry about applying for Medicaid or about having your baby covered under Medicaid or the State Child Health Insurance Program (SCHIP). This should not impact your request for permanent residence.

Second: The high priority now is your health and the health of your baby. I don't know what state you live in, but while you wait for your Medicaid coverage to start (it should be retroactive to the date of your pregnancy actually) you can start getting comprehensive, affordable prenatal care right away (for a very low copayment) at any one of the federally funded HRSA clinics (also called Community Health Centers or Federally Qualified Health Centers). These are private clinics that receive 4 from the federal government to ensure that people who are low income, uninsured, culturally diverse, and have other barriers to care, are able to receive timely and high quality primary care at an affordable cost.

See here for a list:

http://findahealthcenter.hrsa.gov/Search_HCC.aspx?byCounty=1

For more information on the non-applicability of Medicaid to the public charge provision see this guidance from DHS to HRSA:

http://bphc.hrsa.gov/policiesregulations/policies/pal199925.html

Feel free to PM me if you have questions.

And ... congratulations on your growing family! :)

:thumbs::thumbs::thumbs::thumbs::thumbs:



event.png


event.png



Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13

APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×