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andyd85

Is anyone else really worried about this new Trump memo that was published in May regarding the i-864?

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For those of who have sponsored immigrants using the i-864. Will the government really start enforcing us to repay back the means tested benefits? Is anyone else as worried as I am?

I am a little confused as to what constitutes means tested benefits, is it only the following: Medicaid, SSI, Temp assistance for needy families, and state child health insurance program.

 

My spouse currently does not have medicaid but has health insurance from New York State that is for people who are ineligible for medicaid (LPRs in the 5 year ban) and are low income called the "essential plan". Would anyone know if this is considered a means tested benefit that is from NY state. Thank you.

 

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Many people are worried about Trumps immigration policy. There is a mega thread you can check out. (the mods may merge your post into it)

 

Anyway with out getting too complicated- there are many many programs and its not feasible to list everything out. Its better to ask specifically about programs you have direct involvement with or are considering using.

 

Generally speaking LPRs are not able to use means tested benefits for the first 5 years. So if your wife does not become a citizen at 3 or 5 yrs and remains an LPR that passes the 5 yr mark she will be able to use the programs. Thats when you want to be careful.

 

Some states- like NY have STATE funded programs for LPRs with less then 5yrs. The FEDERAL gov can not force the state to collect nor can they collect reimbursement for stuff the state gave you. So since the state program you are using is using its own funds for your medical, its up to the state to decide when or if they ever want to collect it back. Currently NY says they will NOT collect from sponsors for those using their state funded programs. This can change at any time but from what I know there is currently not any legislation pending or upcoming in NY to change this. 

Also some programs will automatically move the alien from the state funded program to the federally funded one when they reach 5 years. 

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