Medicaid while conditional resident

[Rj4 3]

Hi, I want to know if receiving Medicaid will affect my ROC. Is it considered a public charge? I've been receiving it for two years. I appreciate any help. Thanks.

[Pitaya 2,577]

Please review this USCIS guidelines on poverty levels: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf. It appears that Medicaid is classified as a Federal Means-Tested Public Benefit. The agency providing the benefit may request that the sponsor that signed your I-864 repay the agency for the cost of those benefits, or seek recourse in a court: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf . It is hard to say how that will affect your ROC, hopefully other members can respond with more information.

Good luck on your immigration journey.

[EM_Vandaveer 2,372]

I received CHIP Perinatal in TX twice between 2-year Green Card being granted & becoming a citizen (3 & half years later). I had absolutely NO problem. I also received Emergency Medicaid for both child births. I am not sure about regular Medicaid, but this is my experience about prenatal care & hospital stay for childbirth. My understanding is that on paper they could sue your sponsor, but they have realized that it costs them more than the amount they actually recover. It's unlikely they'll sue you, especially if you got it through Obamacare. I personally don't think it will have an effect on your case. Just don't lie about it because that would definitely cause problems.

[EM_Vandaveer 2,372]

I think it matters more BEFORE the first Green Card is granted. Once you are a resident, they don't really care. ROC does not include checking your financial status (except to make sure you have filed your taxes), nor do they ask on the form if you get Medicaid. I was ON CHIP Perinatal the day my ROC was approved.

[newacct 688]

I think it matters more BEFORE the first Green Card is granted. Once you are a resident, they don't really care. ROC does not include checking your financial status (except to make sure you have filed your taxes), nor do they ask on the form if you get Medicaid. I was ON CHIP Perinatal the day my ROC was approved.

It does NOT matter before the green card is granted. Medicaid, WIC, CHIP, Food Stamps, etc. are not cash assistance, and are not considered for public charge purposes.

[EM_Vandaveer 2,372]

It does NOT matter before the green card is granted. Medicaid, WIC, CHIP, Food Stamps, etc. are not cash assistance, and are not considered for public charge purposes.

Even better then! Thank you for clarification. Bottom line: if your income qualify, you have a GC and your state allows it, get CHIP Perinatal (or the equivalent in your state.)

Please review this USCIS guidelines on poverty levels: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf. It appears that Medicaid is classified as a Federal Means-Tested Public Benefit. The agency providing the benefit may request that the sponsor that signed your I-864 repay the agency for the cost of those benefits, or seek recourse in a court: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf . It is hard to say how that will affect your ROC, hopefully other members can respond with more information.

Good luck on your immigration journey.

Of course it's means-tested, only under certain income levels do people qualify for it. That does NOT mean that receiving it puts someone in the "public charge" category. I-864 does NOT come into play during ROC. She was already found not to be a public charge (otherwise she would not have been given a GC to begin with.)

Edited October 18, 2015 by EM_Vandaveer

[Transborderwife 4,666]

Even better then! Thank you for clarification. Bottom line: if your income qualify, you have a GC and your state allows it, get CHIP Perinatal (or the equivalent in your state.)

Of course it's means-tested, only under certain income levels do people qualify for it. That does NOT mean that receiving it puts someone in the "public charge" category. I-864 does NOT come into play during ROC. She was already found not to be a public charge (otherwise she would not have been given a GC to begin with.)

Lprs who haven't removed conditions are not even eligible for Medicaid.

[EM_Vandaveer 2,372]

Lprs who haven't removed conditions are not even eligible for Medicaid.

I had CHIP Perinatal (state Pregnancy Medicaid) TWICE before ROC. Yes, it's not Medicaid. It has the same benefits, though (I'm talking about prenatal care & hospital stay for childbirth. I have no experience about regular Medicaid as TX did not extend coverage, but I imagine it's similar.)

It's possible that it differs by state, I don't know. Childbirth itself always qualifies for Emergency Medicaid, even for illegal immigrants (as long as the income requirements are met).

[Transborderwife 4,666]

I had CHIP Perinatal (state Pregnancy Medicaid) TWICE before ROC. Yes, it's not Medicaid. It has the same benefits, though (I'm talking about prenatal care & hospital stay for childbirth. I have no experience about regular Medicaid as TX did not extend coverage, but I imagine it's similar.)

It's possible that it differs by state, I don't know. Childbirth itself always qualifies for Emergency Medicaid, even for illegal immigrants (as long as the income requirements are met).

CHIP is different as the welfare of a child is important. Regular Medicaid is an issue. Emergency is not. However not everyone qualifies for emergency Medicaid. I was told that if I applied for it on a b2 (I didn't as my childbirth was already funded) it would be denied.

[EM_Vandaveer 2,372]

CHIP is different as the welfare of a child is important. Regular Medicaid is an issue. Emergency is not. However not everyone qualifies for emergency Medicaid. I was told that if I applied for it on a b2 (I didn't as my childbirth was already funded) it would be denied.

Nobody ever can apply for Emergency Medicaid BEFORE the emergency happens, only after. NOT an issue even with regular Medicaid. One was already deemed not likely to become public charge by USCIS when they were granted the GC. I-864 does NOT come into play during ROC. I feel this topic is a little bit like AOS from VWP, many cries wolf, but there is NO wolf.

[EM_Vandaveer 2,372]

Plus in those states where Medicaid was expanded what is the immigrant supposed to do???? If their income qualifies, they're put on Medicaid. If they don't get insurance, they get fined in their taxes. Catch-22 if there ever was one...

Edited October 18, 2015 by EM_Vandaveer

[Transborderwife 4,666]

Nobody ever can apply for Emergency Medicaid BEFORE the emergency happens, only after. NOT an issue even with regular Medicaid. One was already deemed not likely to become public charge by USCIS when they were granted the GC. I-864 does NOT come into play during ROC. I feel this topic is a little bit like AOS from VWP, many cries wolf, but there is NO wolf.

This was after the emergency I was told.

Plus in those states where Medicaid was expanded what is the immigrant supposed to do???? If their income qualifies, they're put on Medicaid. If they don't get insurance, they get fined in their taxes. Catch-22 if there ever was one...

Then they get fined I suppose.

[EM_Vandaveer 2,372]

No. Immigrants are entitled to Medicaid under Obamacare. End of story.

[EM_Vandaveer 2,372]

After the emergency you were told you could not have applied in advance (could have but would have been denied). Correct. Hence the name: Emergency Medicaid. Nobody knows in advance that an emergency will occur. So you apply for it after it occurs.

[Transborderwife 4,666]

After the emergency you were told you could not have applied in advance (could have but would have been denied). Correct. Hence the name: Emergency Medicaid. Nobody knows in advance that an emergency will occur. So you apply for it after it occurs.

No, I was told after the emergency had occurred . I did not ask in advance In Florida state those on b1/2 visas or vwp are not permitted to use emergency Medicaid

Edited October 18, 2015 by Transborderwife