Receiving benefits

[Camelot13 63]

I am the USC and we're currently in the AOS process and I have a family member co-sponsor for the I-864. I am wondering what the rule is for US Citizens receiving benefits. I know the beneficiary is not allowed to receive benefits under the terms of the AOS, but does that extend to the spouse as well? For instance, if the spouse is laid off can he/she apply for unemployment insurance or can he/she receive Medicaid for healthcare?

[ryna 132]

I don't know enough about Medicaid to say one way or the other, especially since it's administered on the state level. Unemployment insurance, while also administered at the state level, is just that - insurance and is not considered a means-tested benefit for either the USC or the immigrant. They just have to meet the conditions to be eligible from their previous employment.

Edited August 5, 2014 by ryna

[gwenstar 66]

Short answer:

USC is eligible for means tested benefits

Medicaid (non emergency) is a means-tested but unemployment insurance is not.

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html#_Means_Tested_Public

Means Tested Public Benefits

Federal means tested public benefits are the following:

• Food stamps
• Supplemental Security Income (SSI)
• Medicaid
• Temporary Assistance for Needy Families (TANF)
• State Child Health Insurance Program (CHIP)

Edited August 5, 2014 by gwenstar

[NikLR 13,227]

It's fine if the USC gets benefits.

[ryna 132]

The main reason I pointed out that Medicaid is state administered is that some states are more generous than others. I'm a USC and wouldn't be eligible for Medicaid in my state, even if I lived in the street, because I am a male w/o children. I just don't qualify, regardless of immigration status. Other states are more generous in who they will cover. You have to look into your state's requirements for Medicaid but there is no USCIS penalty for claiming that benefit.

Edited August 5, 2014 by ryna

[Camelot13 63]

Thank you all for your advice! It was very useful. This thread is from a few weeks ago, but I'm bringing this topic back because I have an additional question.

My job contract is ending at the end of September, which inconveniently is around the same time our interview will likely be scheduled. My hope is we'll be assigned an interview date before the end of the month so we can present the joint health insurance form from my employer we currently have, but if we're not, my employer sponsored healthcare will expire and I'll need to sign up for a Covered California plan for my husband and myself until I can start my next job. I know he's not meant to get any means tested funds like Medicaid or Medi-cal, but we are also expected to have a joint healthcare plan. What I'd like to do is sign us up on 2 different plans - one in which I can benefit from the premium assistance monthly rate and I suppose he would need a plan that doesn't include any premium assistance.

Do you think this will be an issue as far as not being on joint healthcare at the interview time? We live with my parents so we don't have a lease or utilities in both our names. We'll have the record of current joint health insurance, a lease from when we rented a room last year, a joint bank account, and two credit card accounts that both our names are on, but that's about it. But I'm a little concerned we don't have enough.

[Camelot13 63]

A follow-up to that would be - is premium assistance through Obamacare the same as medicaid and/or is it defined as a means tested benefit?

This website seems to indicate they are two separate things, so I'd like to use the premium assistance price I was quoted for both of us if it's allowed but I want to be very careful not to go over the line into a means tested benefit that he's not allowed.

Thanks again!

[genddob 10]

Of course any USC can take any means-tested benefit they are eligible for, regardless of whether they have an immigrating spouse.

[Camelot13 63]

Do you know if a non-USC beneficiary can get Obamacare at their advertised discounted rate (so long as they're not enrolled in Medicaid) or does that count as a means tested benefit? They have a full price rate, a premium assistance rate based on our joint income, and a medicaid plan, which all seem to be separate so I'm not sure what he's allowed to do.

[Camelot13 63]

Hi all, after a lot of digging on the Covered California site and reading about the ACA, I found something that said that a lawful resident is allowed to receive the premium assistance rate and that it does not categorize the person as a public charge. So I don't think there's a barrier to moving forward with that. Just wanted to post in case others may have a similar question.

[Camelot13 63]

I just got back from meeting with a Obamacare certified enrollment counselor, who told us that while we're waiting for our AOS interview he can sign up for Medi-cal because I won't have an income for a little while after my job termination (my father is co-sponsor). He also said that he is not eligible for the premium assistance tax credit so it's either Medi-Cal or paying the full cost for a plan. This seemed wrong to me because I was fairly sure that Medi-cal is a means tested benefit, but the counselor said he was certain this was correct so I don't really know what to do. Is this wrong information?