Public Charge (Medicaid) factor Reentering

[StevenCarmen 0]

Hi all.    I am a US citizen and my wife has her PR for over 12 years now.    

Our income recently went down and when I went to the healthcare.gov  website to for the coverage exchange,  they slotted us into the Medicaid category and sent us over to our state (NM)  Medicaid agency.  Later, after our application went through in December, I learned that there is a new definition  "Public charge" rule now including Medicaid and that it could affect my wife's reentry into the US when traveling.   We go to Mexico to see her family yearly. 

 

My questions are:

1) Anybody have experience or information on whether this should be an actual problem?

2) Any reason to believe that it will change back to previous definitions  anytime soon under the new administration?

3) I believe that I can cancel her off the Medicaid program  if need be -  but is she already in trouble since she has been signed up?  Anyone understand how the timing works?  Is it - "if you have been a public charge anytime over the last x years"  or is it just "currently"?  

4) Anyone know how is USCIS is notified of Medicaid coverage ?

 

This is the only public charge type of thing we have every " received" and would not have even considered it if the gov website had not sent us there. 

 

Thanks in advance! 

Steve

[Unlockable 7,306]

Medicaid being a public charge is not something new. It has been classified as a public charge for quite some time now.

[Alenx 12]

6 minutes ago, Unlockable said:

Medicaid being a public charge is not something new. It has been classified as a public charge for quite some time now.

Okay. How is this relevant to OP?

[Unlockable 7,306]

5 minutes ago, Alenx said:

Okay. How is this relevant to OP?

How is it not? The OP is mistaken on thinking that it is a new definition. It is a clarification for them to understand. Any misinformation is not good. Getting the proper information, regardless on how big or small it is, is beneficial to the OP and everyone else.

[Alenx 12]

1 minute ago, Unlockable said:

How is it not? The OP is mistaken on thinking that it is a new definition. It is a clarification for them to understand. Any misinformation is not good. Getting the proper information, regardless on how big or small it is, is beneficial to the OP and everyone else.

If your post were really about that, you could have let us know since when it is the case, if you know it (ostensibly you do). Otherwise you're basically just debating about what OP perceives to be "new" , ya know. It's probably "new" to them because it hasn't been that way when they last had to deal with immigration, obviously... So how about a date or a year, if you wanna spread the knowledge?

[Ban Hammer 12,841]

3 hours ago, Alenx said:

If your post were really about that, you could have let us know since when it is the case, if you know it (ostensibly you do). Otherwise you're basically just debating about what OP perceives to be "new" , ya know. It's probably "new" to them because it hasn't been that way when they last had to deal with immigration, obviously... So how about a date or a year, if you wanna spread the knowledge?

if it is that important to you, give google a whirl and then let the rest of us know.

[Boiler 43,438]

I have never heard it being a problem.

 

A few States allow Medicaid from Day 1, most after 5 years as a LPR.

[millefleur 5,035]

6 hours ago, StevenCarmen said:

3) I believe that I can cancel her off the Medicaid program  if need be -  but is she already in trouble since she has been signed up?  Anyone understand how the timing works?  Is it - "if you have been a public charge anytime over the last x years"  or is it just "currently"?  

Your state will ask about her current immigration status and determine if she qualifies for Medicaid. When you apply via the marketplace, they always send the whole application to the state to see if you qualify for Medicaid if the household income is low enough to qualify. Normally what happens is, the state will send you an official response if the LPR will qualify or not for medicaid. Did you hear an official response back from your state yet?

 

 

[aaron2020 11,651]

Your wife has been a green card holder for 12 years.  Has she accumulated 40 Social Security work quarters?
 

Does she plan on applying for US citizenship? 

[Alenx 12]

7 hours ago, Ban Hammer said:

if it is that important to you, give google a whirl and then let the rest of us know.

Well it's the only way Unlockables post could have been relevant to OP. This way it was just him saying "in my opinion it is not new". I don't have to do the work to make other peoples posts relevant.

[African Zealot 1,452]

19 hours ago, StevenCarmen said:

 

1) Anybody have experience or information on whether this should be an actual problem?

2) Any reason to believe that it will change back to previous definitions  anytime soon under the new administration?

3) I believe that I can cancel her off the Medicaid program  if need be -  but is she already in trouble since she has been signed up?  Anyone understand how the timing works?  Is it - "if you have been a public charge anytime over the last x years"  or is it just "currently"?  

4) Anyone know how is USCIS is notified of Medicaid coverage ?

Being a long time permanent resident, is extremely unlikely she will be subject to public charge upon admission at the airport.  It is something I also discussed with an attorney previously.

 

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

 

Q. Who is subject to the public charge inadmissibility ground? 

A. Unless specifically exempted by Congress (such as refugees, asylees, certain self-petitioners under the federal Violence Against Women Act, and certain T and U nonimmigrant visa applicants), aliens subject to the public charge ground of inadmissibility are those seeking: 

• Immigrant or nonimmigrant visas abroad;  

• Admission to the United States on immigrant or nonimmigrant visas; and 

• Adjustment of their status to that of a lawful permanent resident from within the United States.  

Most lawful permanent residents are not subject to inadmissibility determinations, including public charge inadmissibility, upon their return from a trip abroad. But some lawful permanent residents can be subject to the public charge ground of inadmissibility because specific circumstances dictate that they be considered applicants for admission. 

Edited February 17, 2021 by African Zealot

[StevenCarmen 0]

Thanks everybody for your responses !  I had thought that I would get notices of postings from VJ like other forums but did not.  Sorry for lack of attention when you folks are offering me answers and asking followup questions.  My Bad!   But much appreciation for your help!.

 

On 2/16/2021 at 2:37 PM, Unlockable said:

Medicaid being a public charge is not something new. It has been classified as a public charge for quite some time now.

Yes, that's correct in the sense that long-term institutionalized care paid by Medicare WAS classified as public charge.   Health insurance versions of Medicaid were not, as of the 1999 ruling, until the newer 2019 ruling superceded that.   

 

And now the news is that the new administration has reverted to the 1999 ruling, it seems:

 

"The Department of Homeland Security announced on March 9, 2021, that they will no longer defend the Trump administration’s public charge rule. Soon after, the Supreme Court dismissed pending appeals regarding the rule. This means that the Northern District of Illinois’s 2020 decision striking down the rule is now in effect, and the DHS and USCIS will follow the 1999 rule instead of the now-defunct 2019 rule. 

https://www.ncsl.org/research/immigration/immigration-and-public-charge-dhs-proposes-new-definition.aspx

 

[StevenCarmen 0]

On 2/16/2021 at 9:06 PM, millefleur said:

Your state will ask about her current immigration status and determine if she qualifies for Medicaid. When you apply via the marketplace, they always send the whole application to the state to see if you qualify for Medicaid if the household income is low enough to qualify. Normally what happens is, the state will send you an official response if the LPR will qualify or not for medicaid. Did you hear an official response back from your state yet?

 

 

Yes, sorry, I was not clear.  We were both referred to and enrolled in the New Mexico Medicaid program in December 2019.

[StevenCarmen 0]

On 2/17/2021 at 9:41 AM, African Zealot said:

Being a long time permanent resident, is extremely unlikely she will be subject to public charge upon admission at the airport.  It is something I also discussed with an attorney previously.

THIS !  is what I was trying to find out.  And I like your answer too!   What I hoped to hear.    I had read somewhere that it could be used in judging admission.   And to be clear, we are talking about reentering after travel abroad, not the initial entry.  

 

Thanks mucho.