Co sponser and medicaid

[jerricho 0]

Hi, I have just found out that I am pregnant, which is a miracle really, because I have been told I would not be able to conceive, anyway, can I get midicaid. My husband does not have insurance and I've yet to do my biometrics so the possibility of me working is a few months away. My father inlaw is my co sponser, so if I apply for medicaid how will it effect our aos. I am thrilled to be pregnant but I have to admit timing is horrible and I'm used to free healthcare in Scotland. Any advise is more than welcome. Thanks. Karen

[athena_ny 1]

Hi, I have just found out that I am pregnant, which is a miracle really, because I have been told I would not be able to conceive, anyway, can I get midicaid. My husband does not have insurance and I've yet to do my biometrics so the possibility of me working is a few months away. My father inlaw is my co sponser, so if I apply for medicaid how will it effect our aos. I am thrilled to be pregnant but I have to admit timing is horrible and I'm used to free healthcare in Scotland. Any advise is more than welcome. Thanks. Karen

Medicaid is means-tested, so any benefits you receive from it would have to be paid back by the sponsor.

http://www.uscis.gov/files/form/I-864P.pdf

At the bottom is shows what is and isn't means tested.

http://www.google.com/search?hl=en&q=emergency+medicaid

Emergency medicaid doesn't need to be paid back, but that would only cover labor and delivery, and I'm not sure if that's even in all states - emergency medicaid is a state by state thing.

[New Yorker 0]

Definition of Public Charge

"Public charge" means an alien who (for deportation purposes) has become or (for admission or adjustment of status purposes) is likely to become "primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense."

This definition is stated in the USCIS's Field Guidance manual (now used by the USCIS). In addition to this, the DOS sent a similar definition of "public charge" in a cable to U.S. consulates abroad providing guidance on public charge determinations for admission purposes.

Benefits Subject to Public Charge Consideration

If at the time of application for admission or adjustment an alien is receiving a cash public assistance for income maintenance or is institutionalized for long-term care including assistance from the programs listed below, the receipt of such benefits should be taken into account when determining if an alien is like to become a public charge. However, regulations state that the determination must be made using the totality of the circumstances test (as discussed below), along with the other statutory factors. The following is a list of public benefits that may render an alien a public charge:

1. Supplemental Security Income (SSI);

2. Cash assistance from the Temporary Assistance for Needy Families (TANF) program;

3. State or local cash assistance programs for income maintenance, often called "General Assistance" programs; and

4. Public assistance, including Medicaid, that is used for supporting aliens who reside in an institution for long-term care -- such as a nursing home or mental health institution

Acceptance of these forms of public cash assistance could make a non-citizen a public charge, if all other criteria are met under the totality of circumstances test (as described below in the section "Totality of the circumstances tests.") Please note that short-term institutionalization for rehabilitation is not subject to public charge consideration.

In addition, please note that not all cash assistance is provided for purposes of income maintenance, and thus not all cash assistance is relevant for public charge purposes. For example, some energy assistance programs provide supplemental benefits through cash payments, in addition to vouchers or in-kind benefits, depending on the locality and the type of fuel needed. Likewise, cash payments could also be provided for childcare assistance. Such supplemental, special-purpose cash benefits should not be considered in public charge determinations because they are not evidence of primary dependence on the government for subsistence.

Benefits Not Subject to Public Charge Consideration

Non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

1. Medicaid;

2. Children's Health Insurance Program (CHIP);

3. Food Stamps;

4. The Special Supplemental Nutrition Program for Women, Infants and Children (WIC);

5. Immunizations;

6. Prenatal care;

7. Testing and treatment of communicable diseases;

8. Emergency medical assistance;

9. Emergency disaster relief;

10. Nutrition programs;

11. Housing assistance (including FHA loan);

12. Energy assistance;

13. Child care services;

14. Foster care and adoption assistance;

15. Transportation vouchers;

16. Educational assistance;

17. Job training programs; and

18. Non-cash benefits funded under the TANF program.

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided in cash under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. However, since the purpose of such benefits is not for income maintenance, but rather to avoid the need for on-going cash assistance for income maintenance, they are not subject to public charge consideration.

Totality of the Circumstances Test

An alien's mere receipt of cash assistance for income maintenance, or being institutionalized for long-term care, does not automatically make him or her inadmissible, ineligible to adjust status to legal permanent resident, or deportable on public charge grounds. The regulation requires that USCIS and DOS officials should assess the financial responsibility of the alien by examining the "totality of the alien's circumstances at the time of his or her application" by considering the alien's age, health, family status, assets, resources and financial status, education, and skills, among other factors as well. Each determination is made on a case-by-case basis.

Admission and Adjustment of Status

Before an alien can be denied admission to the United States or denied adjustment of status to legal permanent resident based on public charge grounds, a number of factors must be considered by USCIS and DOS, including: the alien's age, health, family status, assets, resources, financial status, education and skills. No single factor -- other than the lack of an Affidavit of Support, if required -- will determine whether an alien is a public charge, including past or current receipt of public cash benefits for income maintenance.

[jerricho 0]

I thought I'd let you know that I am able to get medicaid without being a public charge and without it having a consequence for either my co sponser or my aos.

[Dakine 26]

I thought I'd let you know that I am able to get medicaid without being a public charge and without it having a consequence for either my co sponser or my aos.

Go for it then!

Hope you didn't get the info from the USCIS customer service line!

[jerricho 0]

I thought I'd let you know that I am able to get medicaid without being a public charge and without it having a consequence for either my co sponser or my aos.

Go for it then!

Hope you didn't get the info from the USCIS customer service line!

I actually got the info from our local human services dept, it is something to do with the baby being a USC

[Jasman0717 8]

I thought I'd let you know that I am able to get medicaid without being a public charge and without it having a consequence for either my co sponser or my aos.