Applying for medicaid for our child

[lovinglive 24]

Hello all, 

 

My wife and I have one child and were asked if we want to apply for medicaid for our child's benefit, since I am not currently working.  This would be for our child, not for my wife, who applied for AOS based on my petition as an immediate relative.

 

However, on the I-485 AOS form, it asks "#62- Are you likely to receive public assistance in the future in the United States from any source, including the US government or any state, county, city or municipality?"

 

We answered no to this question.  Despite this being for our child, I am concerned that this could somehow impact my wife's AOS application - perhaps USCIS would perceive that this was in fact partly my wife receiving public assistance.  

 

Does anyone have any input on whether applying for Medicaid for our child would in fact risk my wife's AOS application?  Or it's no problem? 

 

 

[JeanneAdil 6,258]

USCIS is no longer applying the August 2019 Public Charge Final Rule. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

 

From September 8,  2022 USCIS site

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

Edited September 23, 2022 by JeanneAdil

[SalishSea 16,907]

4 hours ago, lovinglive said:

Hello all, 

 

My wife and I have one child and were asked if we want to apply for medicaid for our child's benefit, since I am not currently working.  This would be for our child, not for my wife, who applied for AOS based on my petition as an immediate relative.

 

However, on the I-485 AOS form, it asks "#62- Are you likely to receive public assistance in the future in the United States from any source, including the US government or any state, county, city or municipality?"

 

We answered no to this question.  Despite this being for our child, I am concerned that this could somehow impact my wife's AOS application - perhaps USCIS would perceive that this was in fact partly my wife receiving public assistance.  

 

Does anyone have any input on whether applying for Medicaid for our child would in fact risk my wife's AOS application?  Or it's no problem? 

 

 

Not per se, but if you meet the income requirements to receive Medicare for a household member, your annual income may not be enough to sponsor an immigrant.

[lovinglive 24]

5 hours ago, Jorgedig said:

Not per se, but if you meet the income requirements to receive Medicare for a household member, your annual income may not be enough to sponsor an immigrant.

Hi, thanks for your response.  For the AOS, I sent three years of tax info, and I did have a job earlier this year.  I also used the assets evidence and also had a co-sponsor who has more than enough income. 

 

Whereas the Medicaid application seems to focus on your current income only.

 

But welcome any thoughts you may have.

 

 

[lovinglive 24]

8 hours ago, JeanneAdil said:

USCIS is no longer applying the August 2019 Public Charge Final Rule. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

 

From September 8,  2022 USCIS site

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

Hi, thank you Jeanne Adil for you reply.  So, does this mean that seeking medicaid for our child will not make a difference in adjudication of the AOS?

[Lil bear 3,858]

8 minutes ago, lovinglive said:

Hi, thank you Jeanne Adil for you reply.  So, does this mean that seeking medicaid for our child will not make a difference in adjudication of the AOS?

Correct. But if insufficient, your  current  income will trigger the need for a joint sponsor   

[SalishSea 16,907]

1 hour ago, lovinglive said:

Hi, thank you Jeanne Adil for you reply.  So, does this mean that seeking medicaid for our child will not make a difference in adjudication of the AOS?

The IO can consider the totality of circumstances when evaluating an immigrant's risk of becoming a public charge.  The unemployment rate is at a record low.   They may wonder why you don't get a job with health insurance to provide for your family.

 

 

[JeanneAdil 6,258]

12 hours ago, lovinglive said:

Hi, thank you Jeanne Adil for you reply.  So, does this mean that seeking medicaid for our child will not make a difference in adjudication of the AOS?

that's what it means

they look at long term institutional  confinement  

or getting monetary funds 

[lovinglive 24]

14 hours ago, Lil bear said:

Correct. But if insufficient, your  current  income will trigger the need for a joint sponsor   

OK, thank you.  So, as I have a joint sponsor and also provided evidence of my assets, it should not be a problem?

[Lil bear 3,858]

52 minutes ago, lovinglive said:

OK, thank you.  So, as I have a joint sponsor and also provided evidence of my assets, it should not be a problem?

Looks like you've done all thats needed. Yes 

[lovinglive 24]

On 9/23/2022 at 11:40 PM, Jorgedig said:

The IO can consider the totality of circumstances when evaluating an immigrant's risk of becoming a public charge.  The unemployment rate is at a record low.   They may wonder why you don't get a job with health insurance to provide for your family.

 

 

Thank you for your reply!  As I have provided evidence to USCIS about assets that meet the minimum requirements, and also have a sponsor on top of that, in addition to income earlier this year, do you still think that they will consider this to be a risk?

 

When you mention the IO, do you mean they will be considering it at the time of the interview or during the administrative process (i.e. now while they are reviewing our application)?

[SalishSea 16,907]

11 hours ago, lovinglive said:

Thank you for your reply!  As I have provided evidence to USCIS about assets that meet the minimum requirements, and also have a sponsor on top of that, in addition to income earlier this year, do you still think that they will consider this to be a risk?

 

When you mention the IO, do you mean they will be considering it at the time of the interview or during the administrative process (i.e. now while they are reviewing our application)?

It could be considered at any point during the processing.

 

Like I said, it is based on the totality of circumstances.  No one can predict how your particular case will be adjudicated.  Assets and joint sponsor are positives. Being unemployed and needing to make use of medicaid are negatives.

 

 

 

[lovinglive 24]

12 hours ago, Jorgedig said:

It could be considered at any point during the processing.

 

Like I said, it is based on the totality of circumstances.  No one can predict how your particular case will be adjudicated.  Assets and joint sponsor are positives. Being unemployed and needing to make use of medicaid are negatives.

 

 

 

Thank you for your reply.  That's helpful.  How would an IO know that our child is benefitting from Medicaid (other than asking us)?