Does ACA count as public charge?

[DisasterImmigrati 0]

My wife just arrived in the U.S. as an IR-1. I could add her to my health insurance plan, but it is kind of pricey. Does she qualify for ACA (I'm assuming, after she receives her green card?), and does having health insurance via the ACA count as public charge? In other words, will it count negatively towards her future immigration applications?

[pushbrk 12,975]

3 hours ago, AsianOtter said:

My wife just arrived in the U.S. as an IR-1. I could add her to my health insurance plan, but it is kind of pricey. Does she qualify for ACA (I'm assuming, after she receives her green card?), and does having health insurance via the ACA count as public charge? In other words, will it count negatively towards her future immigration applications?

You mean the Affordable Care Act, or healthcare.gov?  If so, it would only count as public charge if the premium is subsidized.

[payxibka 10,045]

4 hours ago, AsianOtter said:

My wife just arrived in the U.S. as an IR-1. I could add her to my health insurance plan, but it is kind of pricey. Does she qualify for ACA (I'm assuming, after she receives her green card?), and does having health insurance via the ACA count as public charge? In other words, will it count negatively towards her future immigration applications?

What is after receiving her green card?  She is already a resident 

[DisasterImmigrati 0]

3 hours ago, pushbrk said:

You mean the Affordable Care Act, or healthcare.gov?  If so, it would only count as public charge if the premium is subsidized.

I'm a little confused about the two. What's the difference?

2 hours ago, payxibka said:

What is after receiving her green card?  She is already a resident 

OK, thanks.

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Moving to the US and Your New Life In America forum.

[Boiler 45,663]

Usually an Employer plan would be cheaper than buying through the Exchange.

[pushbrk 12,975]

5 hours ago, Boiler said:

Usually an Employer plan would be cheaper than buying through the Exchange.

Should be and probably is.  Subsidies associated with the ACA are based on household income, so a regularly employed person usually qualifies for little or no subsidy.

 

[TJL 89]

On 3/26/2020 at 9:00 AM, AsianOtter said:

I'm a little confused about the two. What's the difference?

OK, thanks.

As far as I understand it, if you're paying ~$20, or $0 for the coverage, the plan is being subsidized by the government and falls under public charge.

 

If you are paying something closer to what a typical plan would cost ($250-$300+month,) it's likely that the plan is NOT subsidized and isn't considered public charge.

[QueenOfBlades 224]

No it doesn’t count. The public charge rule doesn’t apply once the person is already a permanent resident, and health insurance under ACA is not considered a public charge per the USCIS policy manual.

 

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

 

B. Public Benefits Not Considered

1. Unenumerated Public Benefits

Other benefits not considered public benefits in the public charge inadmissibility determination include, but are not limited to:....

 

• Health Insurance through the Affordable Care Act;

[ProbeGT 47]

On 3/26/2020 at 4:48 AM, pushbrk said:

You mean the Affordable Care Act, or healthcare.gov?  If so, it would only count as public charge if the premium is subsidized.

I guess this has changed?  https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

"Enrollment in a Marketplace plan (with or without premium tax credits) is not a public benefit under the public charge final rule."