I-944 - Medical Debt. Is it an issue for AOS?

[BarnacleBill 0]

Hi everyone,

 

I've been lurking the VJ forums for about a year now. I'm an ESTA overstay who hasn't been able to file for AOS yet because of my USC wife losing her job as Corona hit.

 

I have a question that I've not been able to find a clear answer for.

 

I have a minor medical issue that may likely need treatment in the next week or two. As I mentioned, my wife lost her job when COVID-19 blew up and she's been looking ever since. As a result, we don't have a lot of money and we don't have insurance.

 

I can't afford to go to the urgent care to have treatment. I had the same thing happen to me last year and it cost around $700 in total which doesn't sound like much compared to some medical bills I've seen, but it's a lot to pay up front.

 

My wife tells me that I could go to the ER once it gets bad and they would treat me, but I am concerned that I would incur medical debt then and that this would go against my future AOS application.

 

Does anyone know if medical debt would rule me inadmissable on public charge grounds if I filed for AOS? Or if it wouldn't be held against me. For the record, I have no other debt to my name in the USA and have not claimed any public benefits.

 

Thank you very much for your time.

 

- BB

[Lucky2Lucky 2,526]

If you go to the ER expect a bill at least double $700 probably a lot lot more... I’m not sure why she would suggest an ER over urgent care. Yes, debt, whether medical or not, is a negative factor in you being a public charge. That’s not to say you should let yourself die because you can’t afford treatment...there are always payment plans. Have your wife look for work at grocery stores which Have been hiring during the pandemic or Amazon/FedEx. Too bad she didn’t enroll in a Cobra plan. There are seasonal positions opening up as well.  There is no one willing to be a joint sponsor? If all else fails open enrollment starts Nov 1 but I’m not sure if you can get health insurance being illegal. I wish you luck 

 

You can review this form where you will have to list your debts/assets https://www.uscis.gov/sites/default/files/document/forms/i-944-pc.pdf

[BarnacleBill 0]

Hi there,

 

The idea behind the ER versus Urgent Care as far as I'm aware was that, at the ER we wouldn't have to pay anything up front or we'd be able to pay an amount towards it. Whereas Urgent Care would involve paying the amount in full up front. I'm happy to be wrong about that and may well be misinformed though.

 

Thanks for answering my question.

[Riley and SP 17]

I don't know what the issue with medical debt may be. Having some debt is not an issue for I-944 as long as you can prove that you are not likely to rely on public benefits in the future. I don't have medical debt but have over $100k in student loans and about $10k in credit cards. My lawyer told me not to worry about that because I am still in school. I am not sure how things will be with medical debt but I would assume some medical debt will not be an issue. 

[E_pluribus_unum 73]

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

 

 

Quote

 

Certain Medicaid benefits. DHS will not consider the Medicaid benefits received:  

• For the treatment of an “emergency medical condition;”  

• As services or benefits provided in connection with the Individuals with Disabilities Education Act; 

• As school-based services or benefits provided to individuals who are at or below the oldest age eligible for secondary education as determined under State or local law; 

• By aliens under the age of 21; and  

• By pregnant women and by women within the 60-day period beginning on the last day of the pregnancy.  

 

 

You can go to the ER and most will try to see if you qualify for Medicaid. If you do, the emergency services will be covered. 

My wife received Medicaid as she was pregnant with my daughter and I filed the I-485 for her with I-944. I sent proof that the medical treatment she received was related to pregnancy. 

Edited October 15, 2020 by E_pluribus_unum

[BarnacleBill 0]

Thank you so much for your responses everyone. This has been very helpful.

 

Luckily, the issue I was having is settling (it comes and goes but when it gets bad, it does warrant medical intervention because it can lead to sepsis). Unfortunately, it means that if I don't want the public charge rule to affect me, I need to make sure it's quite bad before I do visit the ER to make sure that they cannot say it wasn't an emergency medical condition.