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JJ89

Is this a public charge?

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Let's make this clear from the start. My wife, who is a permanent resident, does not intend to get any kind of assistance in the form of government aid. For example, food stamps, section 8 or disability. 

 

She is pregnant and we are going to the clinic for a check up with the OBGYN. They clinic offers a sliding scale and they charge us based on my income. Would immigration consider this being a public charge? 

 

Also the hospital near my home offers charity care when paying for the  baby delivery bill. I'm not sure of the exact details of this, but i'm pretty sure it is also based on my income. Would this be considered a public charge? 

 

Thank you all for your time. 

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Neither of these is public charge AFAIK.


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What state do you live in?

 

Being a potential public charge is a not an issue after she was admitted into the US and got a green card.  Only certain benefits are off limits to new immigrants.  Other benefits are fine.

 

It may be possible for your wife to get Medicaid for pregnant women.

 

For example; https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

 

Medicaid & CHIP Coverage for Lawfully Residing Children and Pregnant Women

States have the option to remove the 5-year waiting period and cover lawfully residing children and/or pregnant women in Medicaid or CHIP. A child or pregnant woman is "lawfully residing" if they’re "lawfully present" and otherwise eligible for Medicaid or CHIP in the state. Learn how someone is defined as lawfully present.

Twenty-nine states, plus the District of Columbia and the Commonwealth of the Northern Mariana Islands, have chosen to provide Medicaid coverage to lawfully residing children and/or pregnant women without a 5-year waiting period. Twenty-one of these states also cover lawfully residing children or pregnant women in CHIP. Find out if your state has this option in place.

 

Edited by aaron2020

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https://www.uscis.gov/greencard/public-charge

 

Q. What is a public charge and when does it apply?

A. For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

 

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

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~~moved to Moving Here and Your New Life, from IR1/CR1 P&P - The OP's wife is already a PR and they are asking about medical care/expenses~~


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On 12/14/2018 at 9:16 AM, aaron2020 said:

What state do you live in?

 

Being a potential public charge is a not an issue after she was admitted into the US and got a green card.  Only certain benefits are off limits to new immigrants.  Other benefits are fine.

 

It may be possible for your wife to get Medicaid for pregnant women.

 

For example; https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

 

Medicaid & CHIP Coverage for Lawfully Residing Children and Pregnant Women

States have the option to remove the 5-year waiting period and cover lawfully residing children and/or pregnant women in Medicaid or CHIP. A child or pregnant woman is "lawfully residing" if they’re "lawfully present" and otherwise eligible for Medicaid or CHIP in the state. Learn how someone is defined as lawfully present.

Twenty-nine states, plus the District of Columbia and the Commonwealth of the Northern Mariana Islands, have chosen to provide Medicaid coverage to lawfully residing children and/or pregnant women without a 5-year waiting period. Twenty-one of these states also cover lawfully residing children or pregnant women in CHIP. Find out if your state has this option in place.

 

Sorry about the late reply. My wife and I live in New York. We are worried since someone near the embassy where we went for her interview told us that she is not eligible for ANY kind of assistance. We were told that if she goes on vacation out of the country and tries to enter again, that she will not be allowed entry into the country if she received assistance. It confused us. Today we are sending out her application for charity care through the hospital. 

Edited by JJ89

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On 12/14/2018 at 9:12 AM, EM_Vandaveer said:

Neither of these is public charge AFAIK.

I would say this because all it kind of does is act like separating the lump sum into payments.


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