Is ACA Tax Subsidy a Public Charge issue for AOS ?

[asisflyer 47]

PUBLIC CHARGES / OBAMACARE ./ AOS / I485 "LIKELY TO RECEIVE"

30+ hours of reading later. I find no concrete standing on the Public Charge / AOS / ACA Tax Subsidy debate. Some limited opinions, few concrete facts to be found after extensive searching.

Does the USCIS have Adjudication Guidance on Obamacare Tax Subsidy on Alien Spouse? Constitution or public charge or not ? Interview or Filing I-485 "likely to receive" questions ?

The Healthcare.gov website is quick to offer that AOS to LPR candidates are eligible (without sub-types of same referenced), but what of the Public Charge issue and what of the I-485 "likely to receive" statement at filing and at AOS interview?

If you're an asylee or other exempt group adjusting, its a moot point. But what of those family or employment based petitions with restrictions on means based benefits? What of those who can't/don't take Medicaid - but fall into the issues with the Healthcare.gov website processing MIXED USC and ALIEN SPOUSE APPLICATIONS with respect to the public charge issues?

SOLUTION 1: USC Applies SOLO and ALIEN applies separately to refuses -- A de facto ban on Joint Insurance ? So-called bona marriage indicator. Ironic isn't it.

SOLUTION 2: USC/ALIEN SPOUSE over-report income to apply jointly and yet guarantee exclusion of any Tax Subsidy for the USC and Alien Spouse.

CAVEAT: I-864 Joint Sponsor income potential deeming into Alien Spouse and therefore into HOUSEHOLD INCOME -- Is the USC suddenly disqualified from the Tax Subsidy via the Alien Spouse Support Affidavit while the Alien Spouse is seemingly given mixed instructions on whether he/she is permitted to apply at all ? ARE US CITIZENS BLOCKED FROM THESE SERVICES BY WAY OF JOINT SPONSOR AND SUBSEQUENT DEEMING ?

BACK TO MAIN POINT -- does the ACA calculator applying a Tax Subsidy (IRS paid) or Reducing Silver Plan out-of-pocket expenses (Govt pays to Insurer) constitute a basis of benefit which can then be deemed means-tested? public charge?

ALONG THE WAY TO AOS --

Somewhere during the AOS process (post-petition approval) it will have become a mandate for something that seemingly violates the public charge issue? Has there been a finding on this?

Ironically, ACA text appears (legally lay opinion) to initiate its mandatory coverage require with a pending I-485 after approved of I-130 or else face financial penalty if no exemption is met.

Thus it seems ACA requires insurance it once the family petition is accepted but prior actual AOS to LPR from the digest I've read.

SUMMARY QUESTIONS

1. Does the Tax Subsidy on the ACA issued plans constitute a Public Charge and thereby risk of AOS denial?

2. What of the Silver Plan out-of-pocket ?

3. Is Joint-Sponsor Income DEEMED into the ACA for Household income purposes? THIS EXCUDES THE USC FROM SUBSIDY via the ALIEN in household?

The effect of the limited advice published in paralytic.

Does anyone know of published USCIS Public Charge Guidance specific to the ACA, Tax Subsidy, and Out-of-Pocket subsidy ?

[Maharosa 251]

I hope this helps!

http://www.nilc.org/immigrantshcr.html

[asisflyer 47]

RE: More Details - No Concrete Answers

http://www.nilc.org/document.html?id=809

This reference suggests that AOS to LPR may apply for ACA exchanger AFTER IMMIGRANT PETITION APPROVED.

This would suggest to me that:

1. K-3 AOS adjusters could therefore apply. As their immigrant petition was approved separately prior to arrival.

2. Concurrent I130/I485 filers CANNOT apply as Immigrant Petition is not necessary approved until at/near interview for concurrent? I may be mixed up this point. Those with more data, kindly revert.

EXCERPT FROM LINK ABOVE:

Applicants for Adjustment to LPR Status with Approved Visa Petitions

Applicants for Adjustment to LPR Status with Approved Visa Petitions
Individuals whose relatives or employers have petitioned to immigrate them (or, in some
cases, who are petitioning for themselves) may be able to adjust to LPR status in the U.S. The
qualifying relative (e.g., a U.S. citizen spouse, parent, adult child, or sibling, or an LPR
spouse or parent) or employer must first file a petition for an immigrant visa on behalf of the
intending immigrant. After the visa petition is approved, there may be a long waiting period
before an eligible noncitizen may apply to adjust his or her status. There is no waiting period
for “immediate relatives” (spouse, parent, or children) of U.S. citizens or for some
employment categories. Individuals with approved visa petitions who have applied for
adjustment to LPR status are “lawfully present.”

I am going to have to read the actual law to figure this out.

then separate this EXCERPT

Nonimmigrant Visa Holders
Nonimmigrant visa holders include tourists, students, and visitors on business, as well as
individuals who are permitted to live and work in the U.S. indefinitely. Nonimmigrants may
have a status granted under 8 U.S.C. section 1101(a)(15)(A) through (V) or by a treaty such as
the one described below. Some categories of nonimmigrant statuses allow the status holder
to work and eventually to adjust to lawful permanent residence. Nonimmigrants who violate
the terms of their status — for example, by overstaying a tourist visa or working without
permission — may lose their nonimmigrant status and be considered undocumented.
Nonimmigrants who have not violated the terms of their status are considered “lawfully
present.”

Embarrassing that experts such as the NILC cannot suitably footnote their own findings sufficiently.

I am certain that this site has hundreds of people for whom this topic is highly relevant with the looming December 15th date for January 1st coverage start under the ACA. Whereas my bowel movements are "not amazing" the lack of clear position on this AOS matter is "amazing".

Edited December 8, 2014 by asisflyer

[asisflyer 47]

EXCERPT FROM THE ACA ACT: In perusing the act, I came upon the lax definition of qualified

individuals under the ACA.

This explains why the interpretations are varied.

You have to "reasonably expect" to be lawful for FULL DURATION OF COVERAGE.

So a person adjusting from an expiring F or B1/B2 - could they have that reasonable expectation upon filing an AOS ? Similarly, the overstayed being forgiven by IR petition wouldn't be lawful until adjucated - right?

(3) Access limited to lawful residents.--If an individual is
not, or is not reasonably expected to be for the entire period
for which enrollment is sought, a citizen or national of the
United States or an alien lawfully present in the United States,
the individual shall not be treated as a qualified individual
and may not be covered under a qualified health plan in the
individual market that is offered through an Exchange.

commentary invited..

[asisflyer 47]

Can one of the site experts or attorneys comment of this please?

ACA Tax Subsidy as relates to Pending AOS from B - is it permissible?

[JohnR! 5,495]

Check out this site. It lists all categories for immigrants/non-immigrants

https://www.healthcare.gov/immigrants/immigration-status/

Immigrants with the following statuses qualify to use the Marketplace:

• Lawful Permanent Resident (LPR/Green Card holder)
• Asylee
• Refugee
• Cuban/Haitian Entrant
• Paroled into the U.S.
• Conditional Entrant Granted before 1980
• Battered Spouse, Child and Parent
• Victim of Trafficking and his/her Spouse, Child, Sibling or Parent
• Granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT)
• Individual with Non-immigrant Status (includes worker visas, student visas, and citizens of Micronesia, the Marshall Islands, and Palau)
• Temporary Protected Status (TPS)
• Deferred Enforced Departure (DED)
• Deferred Action Status (Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for applying for health insurance)
• Lawful Temporary Resident
• Administrative order staying removal issued by the Department of Homeland Security
• Member of a federally-recognized Indian tribe or American Indian Born in Canada
• Resident of American Samoa

Applicants for any of these statuses qualify to use the Marketplace:

• Temporary Protected Status with Employment Authorization
• Special Immigrant Juvenile Status
• Victim of Trafficking Visa
• Adjustment to LPR Status
• Asylum (see note below)
• Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note below)

Applicants for asylum are eligible for Marketplace coverage only if they’ve been granted employment authorization or are under the age of 14 and have had an application pending for at least 180 days.

People with the following statuses and who have employment authorization qualify for the Marketplace:

• Registry Applicants
• Order of Supervision
• Applicant for Cancellation of Removal or Suspension of Deportation
• Applicant for Legalization under IRCA
• Legalization under the LIFE Act

Can one of the site experts or attorneys comment of this please?

ACA Tax Subsidy as relates to Pending AOS from B - is it permissible?

[asisflyer 47]

In case anyone is curious. Healthcare.gov call center had no stance on Tax Subsidy / OOS Reduction as relates to entitlement.

They're level 2 desk and someone beyond that help desk were consulted indirectly.

As for Concurrent Filers just starting their paperwork, apparently an I-797 to show the pending I485 and I765 are sufficient evidence in lieu of social for the signup, or again, so I was told.

Still waiting on a real opinion on the Tax Credit -- and/or the Silver Plan reduction of out-of-pocket expenses-- are these in-fact a form of entitlement.... cannot find a real answer anywhere.

[LeoRoughgarden 0]

ACA/Obamacare subsidy is not a public charge.

ACA subsidy is not among the 5 means-tested benefits.

LPR are not precluded from receiving the ACA subsidy.

[missads 59]

I can confirm the above - Obamacare tax credits for healthcare premiums are NOT considered a public charge.

My parents who are both 65+ qualified for a Silver level health plan with about 90% subsidy on the premium.