Mega Thread for All questions regarding Public Charge

[AlexGR 12]

Hi. I have a couple of questions that really are stressing me out and I would like your input.

I apologize if this isn't the right thread to post or if similar posts exist.

 

I'm a DV winner and I was granted a GC on November of 2015 valid for 10 years. 

 

1. I received the GC at my sister's residence where I lived for a few months and then I moved in a new place on the same borough but I recently realized that I should have notified UCSIS within 10 days of the address chang. Now it is almost 2 years when I changed residence and all my bank accounts, my taxes and my business are registered to the new address. Do you think I am going to face any issue from the department of immigration in the future when I apply for my green card renewal or citizenship?

Should I change the address online now even though being so late, or send by certified mail the AR-11 along with a letter explaining that I honestly wasn’t aware of this requirement and didn't do it on purpose? But I'm afraid I'm going to draw a negative attention on my case if I send the form along with an explanatory letter. A friend suggested me not to report the change at all now because it is very late and wait until I move to a new address and then report.

 

2. I am also very stressed with the new law proposal that states that legal immigrants who used Obamacare may be accused as public charge and face denial of GC or Citizenship. The article I read clearly doesn’t mention only food stamps or welfare, but also subsidized health care from the government.
Does that mean that we shouldn’t have a subsidized plan at all so that we don’t risk a public charge offense? When I came in the US I used free health care for about 1.5 years because I didn’t have the sufficient funds to pay a premium health care plan.

 

Thank you.

Edited August 10, 2018 by AlexGR

[GJ&Rach 12]

So when my husband came here, my kids and I were on medicaid and food stamps. We had a secondary sponsor. I have a son who was on SSI. I got the earned income tax credit last year. Now we are fully self sufficient, and the son on SSI has moved out, but hubby says that even though he never got any medicaid, food stamps, etc, that he would be denied if he filed for citizenship because it is now being changed to include anyone in the household at any time since he immigrated getting any public benefits. It sounds like the threshold is that if you as an immigrant don't immediately make enough to keep the entire household from taking a dime from the government, you will be denied citizenship, regardless of whether those people were entitled to it or not. He's been here for almost 5 years now, we are both working and pay our own way but if they are counting things in the past that he didn't even receive..? His green card expires in 2027, but it appears that he won't be able to renew it, or apply for citizenship. He wouldn't be able to take me back to the Netherlands with him either since they require a large income and work history to sponsor someone. I'm afraid they are trying very hard to put an expiration date of his green card expiration on our marriage! 

Edited August 10, 2018 by GJ&Rach

[debbiedoo 2,339]

He can renew his greencard. thats not a problem, as far as i know.

 

With you being on ANY kind of social assistance.... he is correct in that it could affect his ability to become a citizen.

Edited August 10, 2018 by debbiedoo

[Jaquelly 1,647]

It has NOT been changed yet. It is also unlikely that they can make the law retroactive if it does get passed. There are a lot of locked threads about this exact topic because it has been posted about so much.

[Ontarkie 13,902]

~~As you may have noticed this Mega thread is for posting all your questions about your case. Multiple threads have already been merged. This thread is not to be turned into a political bashing nightmare. Keep it strictly for helping members understand what is happening and how or if it will impact their case. There is to be no bashing of members who are worried and confused. We are a forum to help others not tear them down. There will be a ZERO tolerance of attacks in this thread.~~

Edited August 10, 2018 by Ontarkie

[Jaquelly 1,647]

I am also worried, although faithful that they won't be able to retroactively enforce it.

 

I had healthcare under the ACA a few years ago. I also got food stamp assistance about nine years ago when I was struggling to make ends meet in my 20s.

 

I hope so much that this doesn't mess with us.

[AlexGR 12]

I am a bit confused on this subject. Is Health Insurance mandatory?? Meaning I don't have the right NOT to have insurance? If I don't apply for one and get penalized when I do my taxes will that be considered an offense or misdemeanor for my immigration status?

 

Also, what's the deal with this 5 year wait period for an LPR before he applies for subsidized health insurance? Does it apply for all LPR's? I got free health care a few months after I received my GC. 

 

Edited August 10, 2018 by AlexGR

[KathCali 47]

5 hours ago, JackG said:

I work in the health policy arena in Washington, DC. What I am about to say is NOT politics, it is a legitimate proposal being floated by the Trump Administration (there are news reports, as well, on this). There is concern that if you take a subsidy, even as a legal resident, under Obamacare that it could impact your ultimate residency status. While it is not the way it works right now, the Attorney General, who instituted the separation policy with the children, has floated a new immigration policy that would deny people from adjusting their status to permanent residency or try to get your naturalization if they have EVER taken a subsidy or federal funding for anything, even if it is legal. (This would include subsidies for Obamacare, Medicaid, even Social Security.) This current Administration has been very unpredictable, but this is an actual policy on which the Administration is working. This is a Draconian policy and it could come up with legal battles and other resistance on Capitol Hill, but I would steer clear of these subsidies until after this Administration is gone. Again, this is not about my personal political position, but simply about ensuring that you steer clear until your spouse already has permanent residency, are naturalized, or at least until this Administration is in office.

Thank you for sharing this. What would you recommend to immigrants already legally on Obamacare? To get off it or wait and see what happens? What do you think is the likelihood of it being implemented retroactively (even initially, with what I presume will be followed by a fight in court)? Also, could the ex post facto section of the constitution apply to prevent it being applied retroactively, or would that not be applicable because the group of people in question are not citizens?

 

These questions are open to anyone but as you work in the area of discussion your input is much appreciated. Thank you

[tomigaoka 8]

1 hour ago, AlexGR said:

I am a bit confused on this subject. Is Health Insurance mandatory?? Meaning I don't have the right NOT to have insurance? If I don't apply for one and get penalized when I do my taxes will that be considered an offense or misdemeanor for my immigration status?

Health Insurance is not mandatory. But when you file taxes without one, you will pay the fine. In my case i never have it just make sure that i don't get sick and just pay the fine. Its cheaper that way seriously JUST DONT GET SICK(OVERSIMPLIFIED but that works for me).

Edited August 10, 2018 by tomigaoka

[KathCali 47]

30 minutes ago, tomigaoka said:

Health Insurance is not mandatory. But when you file taxes without one, you will pay the fine. In my case i never have it just make sure that i don't get sick and just pay the fine. Its cheaper that way seriously JUST DONT GET SICK(OVERSIMPLIFIED but that works for me).

I don't think this is wise, although of course anyone is free to do as they wish. During my first trip to the US, my appendix burst and the hospital bill was well over $100,000. Luckily I had travel insurance which covered every last cent plus trip losses. If I hadn't, I'd still be in debt. It would have destroyed my life. Ever since, I would never be in this country without health insurance for at least emergencies. I'll add that I'm generally a very healthy person - healthy weight, vegetarian, non-smoker, rare drinker, exercise, etc. Nothing I could have done to prevent it.  Forking out a couple hundred a month for expat emergency health insurance is worth not losing everything over something out of your control.

[A&H2018 146]

Majority of the administration rushed policies have been stopped. Just like the NTA guidance that was delayed. This administration is known to "start writing policy" to see how the public reacts, how polls react and then figure it out later. The attourney general seems almost certain that is the way to govern these days. Currently we are using an Obamacare exhange and while policies like this worry us, time and time again the entire American system of government with all 3 levels working has proven to get past silly policy written like this. Making rash decisions overnight based on what is being leaked to the media is tough.

[AlexGR 12]

1 hour ago, tomigaoka said:

Health Insurance is not mandatory. But when you file taxes without one, you will pay the fine. In my case i never have it just make sure that i don't get sick and just pay the fine. Its cheaper that way seriously JUST DONT GET SICK(OVERSIMPLIFIED but that works for me).

 

42 minutes ago, KathCali said:

I don't think this is wise, although of course anyone is free to do as they wish. During my first trip to the US, my appendix burst and the hospital bill was well over $100,000. Luckily I had travel insurance which covered every last cent plus trip losses. If I hadn't, I'd still be in debt. It would have destroyed my life. Ever since, I would never be in this country without health insurance for at least emergencies. I'll add that I'm generally a very healthy person - healthy weight, vegetarian, non-smoker, rare drinker, exercise, etc. Nothing I could have done to prevent it.  Forking out a couple hundred a month for expat emergency health insurance is worth not losing everything over something out of your control.

And what about this 5 year wait for LPRs until they apply for Medicaid? is it true for all cases?

That means all of us who got medicaid as soon as we got the GC, we are in trouble? 

[GJ&Rach 12]

5 hours ago, debbiedoo said:

He can renew his greencard. thats not a problem, as far as i know.

 

With you being on ANY kind of social assistance.... he is correct in that it could affect his ability to become a citizen.

This still applies even though he never received any assistance, only myself and my kids? They are not his kids either. Even though none of us use any of it anymore? I understood GC renewals and citizenship applications are being denied based on this stuff from the past already.

To be clear my question is not about Obamacare, we have never used it. He went without insurance until he got employer based insurance. 

[debbiedoo 2,339]

8 hours ago, GJ&Rach said:

This still applies even though he never received any assistance, only myself and my kids? They are not his kids either. Even though none of us use any of it anymore? I understood GC renewals and citizenship applications are being denied based on this stuff from the past already.

To be clear my question is not about Obamacare, we have never used it. He went without insurance until he got employer based insurance. 

There are others who follow this much closer than I have, so they might be better to answer. However, i do not believe any of this has been set in stone as of yet.  BUT with the current administration, I would not risk using it currently. I believe I saw it would not be retroactive before the immigrant moved here, but again, I'm not positive on that and there are others who know much more than I do.  I was on food stamps for myself and my daughter for about 6 months maybe...13? years ago? I would certainly HOPE that doesn't affect Pauls naturalization when we get to that point. That seems ludicrous to me.  Same for being on Medicaid around the same time.

[azblk 338]

12 hours ago, debbiedoo said:

There are others who follow this much closer than I have, so they might be better to answer. However, i do not believe any of this has been set in stone as of yet.  BUT with the current administration, I would not risk using it currently. I believe I saw it would not be retroactive before the immigrant moved here, but again, I'm not positive on that and there are others who know much more than I do.  I was on food stamps for myself and my daughter for about 6 months maybe...13? years ago? I would certainly HOPE that doesn't affect Pauls naturalization when we get to that point. That seems ludicrous to me.  Same for being on Medicaid around the same time.

This will only affect people getting green cards if it is implemented. It will not affect anyone naturalizing as they are no public charge bars to naturalization.