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StevenCarmen

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  1. Hello. We have a unmarried adult daughter with an approved I-130 as an F1 category from Mexico. THE worst place to be from. She's been waiting in the line for 8 years now and the wait has actually grown longer. They are currently processing Feb 1998 for her category and she has an filing date of 2013. So, unless something changes, she will die before she gets to the front of the line! BUT things might change; if the new policy proposal concerning family based visas is revised as proposed, then they have indicated that they want clear this backlog and increase the cap, so then she might become current soon. Even so, the time it will take them to process 15 years of application backlogs for Mexico alone before her priority date will still likely be years. Meanwhile some friends she works for in Mexico want to hire her to come work for them in the US and believe that they can get her an employment based visa. I don't know how likely that is to succeed but it's their intention. My question is if anyone knows about or has experience with a situation where you have an approved but wait-listed I-130 and then simultaneously, a new petitioner applies for an EB(3) visa for the same beneficiary. Would one application cancel or affect the other? We would hate to lose her I-130 approval to the EB application, especially if that application were rejected! I have not been able to find anything about this, though I'm sure there is a policy stated somewhere! TIA, Steve
  2. 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.
  3. Yes, sorry, I was not clear. We were both referred to and enrolled in the New Mexico Medicaid program in December 2019.
  4. 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!. 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 Health insurance versions of Medicaid were not, as of the 1999 ruling, until the newer 2019 ruling superceded that.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
  5. 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
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