Stann

I did.

Knowing nothing of your circumstances it would be inappropriate for me to comment.

Thanks

So should I just travel on the greencard as normal as its been less than one year or will they deny me? So confused and stressed right now

VJ is ####### at showing back history, your basic premise is wrong however.

Could you expand on that point at all???

I thought it was over 6 months that was considered abandoning it not 1 year and I have been out over 6 months?

Hi

I hope you can help me.

I moved back to the UK from the US in July of last year. I did not turn my greencard in but I understand I have officially abandoned my permanent residence as I have been out of the US over 6 months.

I meant to turn it in the right way but just kept procrastinating and had no plans to visit the US anyway.

Now I have to travel there for a funeral and I need to leave Monday. I have checked the US embassy in London's website and I see I have to turn it in but I don't have the turn around time to do that and fly Monday as its Thursday now.

I was planning on filing for an ESTA and travelling on my UK passport as a normal tourist as I understand that I have abandoned my greencard but am I going to get a tough time from US immigration when I try to enter the US?

Is it worth contacting the embassy to see if I can turn it in personally??

I am very upset with myself for not turning it in properly sooner.

Any advice would be great

What would the document number of my green card be? Is this the A number or the number on the back in the hologram that is listed as 'card#'?

Thanks

Good news for you - he can work immediately - as soon as he has entered the US with DCF. His passport will have the I-551 stamp in after he leaves the airport. This establishes him as a permanent resident and he can use this in place of his green card while it comes. I did!

As for his social security number - he just has to take his passport and paperwork to the local social security office and they will order his number there. Mine took 7 days - if he has not received it after 10 days he can go back to the office and they will tell him his new number from the system and give him some paperwork to show any potential employers that he has been assigned a number and he is just waiting for the physical copy to come in the mail.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1669/~/time-frame-for-processing-a-social-security-card-for-a-legal-alien

So he could be working in under 2 weeks

Good luck

Thank You! That's exactly the kind of thing I was hoping we could do, I just couldn't find any info on this kind of situation! Thanks for the help!

-Sophie

When you get to Oz have him call the US embassy and they will talk him through how he should turn his green card into them officially. I think there is a form that acknowledges you are abandoning permanent residence. It seems a bit scary to abandon it but you have to do things the right way now or you will have a problem when you want to move back. Like i said then they send you an official receipt thing - keep this for when you re-apply if you ever want to move back to the US.

No way to renew it overseas and he can't keep it if he intends to live in another country anyway, its purpose is to live in the US. The correct process would be for him to turn it in therefore abandoning his Permanent Resident status. Then he will not have any problems if ever you want to come back to the US. This is exactly what I did, when we moved back to the UK for a couple of years I mailed my temp 2 year green card to the embassy in London who sent me an official notice / receipt, then when we were ready to move back to the US I went through the IR1 process and got my 10 year green card no problem, now we live back in US.

How does your home country know you have taken on US citizenship?

First, they probably wouldn't be eligible for Medicaid even if they were US citizens who had lived here their entire lives. Regular Medicaid is primarily for disabled adults or parents with minor children. Non-disabled adults without minor children are generally ineligible for regular Medicaid, regardless of their income level.

Second, because they are immigrants the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 applies to them. This means they aren't eligible for means-tested public benefits until they've been an LPR for five years. This has nothing to do with sponsor deeming or sponsor liability. They're simply not eligible for the first five years.

I take whatever an immigrant advocacy group claims with a grain of salt. Their ultimate objective is often to open the flood gates to any immigrant who wants to live in the US, and to give legal status to all of the non-legal immigrants who are already here, and they are fond of finding loopholes in existing laws if it helps them to get closer to their objectives. One such group is the Center for Public Policy Priorities, and they are one of the groups who claim that the federal government has never sought reimbursement from a sponsor for a sponsored immigrant who collected Medicaid benefits. I don't doubt that claim is true, but I also don't read it as a wholesale endorsement for doing something which the law clearly says you're not supposed to do.

You are a sponsor signing an affidavit of support. Read the contract portion of that affidavit, and understand what it requires from you. You should sign it with a good faith intention to fulfill the obligations you're agreeing to fulfill, and not with the intention to circumvent those obligations just because you believe the government won't enforce it. I don't personally believe it's ever acceptable to view the law of terms of "What can I get away with without getting caught?".

Your parents will never be eligible for free Medicare, not even after they've been here for five years. The eligibility requirements for free Medicare are comparable to those for Social Security retirement benefits. They'd need 40 quarters of work credit through the Social Security Administration, which for most people means they'd need to have worked and paid taxes for 10 years. What they WILL be eligible for is premium Medicare, provided they pay the full premiums. It's a lot less expensive than most private health insurance.

Thanks for the wealth of information and your frank response. I am inclined to agree with you in regard to the ethics of trying to claim Medicaid. So far in my immigration journey I have always erred on the side of caution when faced with a grey area, if for no other reason than knowing my luck I would be the one case that got caught / made an example of! Thanks again.

Google "Health benefits IL"

You may find something else offered also, depends on the state. Vermont offers "Catamount Health without Premium Assistance" which is available to ANY Vermont resident, even recent immigrants as long as they are LPRs and Vermont residents. It is very reasonably priced insurance, through one of two private insurers and generally a better deal than you will find anywhere else, plus there are no exclusions for pre-existing conditions. It is not a means tested benefit as regards the I-864.

It would not be possible to cover someone in one of these plans before they got a visa and green card BUT it could be shown that they will be eligible for coverage and would probably satisfy any question at the interview. An interim policy is usually available from foreign medical coverages

Thanks that is great, I am going to research Illinois health benefits and also look into the Bridge Plan and private insurance. Got some internet research to do! Thanks again for all your help

Aaron is correct that emergency Medicaid is not considered to be a means-tested public benefit by the federal government. Regular Medicaid, on the other hand, IS considered a means-tested public benefit. The federal government's position is that both sponsor deeming and sponsor liability apply to regular Medicaid, but not to emergency Medicaid. Sponsor deeming means that the government is supposed to consider the sponsor's income and assets to be available to the immigrant, and should be included in determining the immigrant's eligibility for the benefit. Sponsor liability means that the sponsor can be asked to reimburse the government if the immigrant collects the benefits while the affidavit of support is in force.

However, Medicaid is jointly funded by both the federal and state governments. Because of this, the federal government doesn't dictate to the states every aspect of how the programs should be managed. Some states don't apply sponsor deeming or sponsor liability to any form of Medicaid. Some have public policies that apply sponsor deeming and sponsor liability only to regular Medicaid and not to emergency Medicaid. Some apply sponsor deeming and sponsor liability only when Medicaid is used for long term institutionalized care. Some don't have a stated public policy about this at all.

The whole thing may be moot. There is at least one immigrant advocacy group that claims that no state has ever sought reimbursement from a sponsor for an immigrant who used Medicaid.

Yes, this is one of three cases where the discretionary public charge determination comes into play. A consular officer can deny a visa if they believe that an alien might become a public charge in the US. USCIS can deny adjustment of status if they believe the intending immigrant might become a public charge. The third case, and the one that LPR's who used public benefits should be concerned with, is that a CBP officer can deny admission if they believe an LPR has been or will become a public charge. While an LPR would generally not be deported if they became a public charge, they could be taking a risk if they leave the US and try to reenter.

Great info, thank you, Is there an easy way to find out my states (Illinois) policy on Medicaid and sponsors liability or is it easy enough to find with an internet search? Also would you take the risk and have your relative use Medicaid given what you say about the immigrant advocacy groups findings?

Thanks

I agree. You can't just use that for 5 years. Also, you will need to check if it is means-tested in your state. Just because a benefit cannot be used to determine a public charge, and just because an LPR is eligible for a benefit, does not necessarily mean it isn't means-tested. So you could still be asked to repay it.

It may not matter. She may not be granted a visa in the first place if you cannot show that she will have (non-government) healthcare here, ie private insurance, given her age. If she is healthy you may be able to get her a private plan despite her age but it may not come cheap.

If the emergency coverage is means tested then we would have to pay some I'm sure as both my husband and I have good jobs (how silly of us!).

How can she prove she has health insurance at the interview if she is not yet an LPR? Can a non LPR get insurance? If all else fails we will get her a private plan as discussed.

Thanks

Emergency means emergency. I have a feeling you misunderstand.

Sorry I did not make myself clear, what I meant was for 5 years we would pay for her prescriptions and doctors visit and use the emergency cover if needed. Everything else we would pay for. I understand what emergency means. After the 5 years she would qualify for Medicare when she became a citizen.

Thank you

If LPR mom receives emergency care, she will qualify for Emergency Medicare. The 5 years prohibition on benefits dies not apply to Rmergency Medicare.

Emergency Medicare is not a means tested benefit. If an LPR receives Emergency Medicare, the government cannot seek reimbursement from the I-864 sponsor.

Thanks everyone, I think we would probably pay out of pocket for Doctor's visits and basic prescriptions. Very interesting about the Emergency Medicare, where could I find more information about that Aaron? I think we could do that for 5 years and then she could sign up for the medicare even if it is full price.

She is quite healthy and she will still visit UK a couple times a year so perhaps she could stock up on any prescriptions then.

Also, someone said the government could 'come after me' for reimbursement - how do they come after someone?

Thanks

Hi all,

Does anyone have any advice on health care for my mum when we bring her over on an IR5. She will be 64 so will it be tough to find her a private plan? (she is very healthy) Neither my husband or my insurance (thru our employers) allows parents to be added. Is she entitled to anything while she is a resident before she becomes a citizen due to her age? If so will they come back to me as her sponsor and how does that work - would they send me a bill?

Any one with similar experience?

Thanks

Hi everyone,

I plan on filing the IR5 for my mum once I am a citizen. My question is does she have to be divorced from my dad? We have had no contact with him for years but they are still married and have been for a long time. My mum has just never got round to divorcing him as it was a very nasty split and she wanted nothing to do with him. Anyway its about a year and a half until I can file for her (one year until I can file for citizenship and then however long that takes) so I'm doing my research now! Would there be a red flag if she were still married but I was not petitioning for him?

Thanks

My post should have started with we married in 2004 and moved to UK in 2007, then moved back to US in 2010.

We got married in 2007 (him USC me UKC) we lived in US until 2007, then moved to UK until 2010, Moved back to US in 2010 and we are STILL undecided about where would be the best place to settle / have kids. For us it seems the grass is always greener, here are my thoughts

US:

Pro's

Better standard of living (cheaper to own brand new home / car )

Huge variation of places to visit / vacation, (ski in Colorado / tropical beaches in Florida)

Weather is much better (even in Chicago where we currently live you are guaranteed a hot summer even if the winter is cold)

Kids grow up slower, have more hobbies / sporting interests and are encouraged to be kids for longer (big one if you plan on having kids)

No council tax, dont want to get into the whole tax arguments but thinking of monthly bills this is a nice one to miss

Americans have a very positive attitude, this is probably the thing I love most about the US, in the UK everyone is waiting for you to fail - while it may be cheesy the whole American attitude of 'you go girl' is alive and well!

Better employment opportunities (once you get a job it is easier to move up in a company if you are a hard worker)

Healthcare - now i know this is a contentious one but the standard of healthcare is better here, I have had relatives in the UK get MRSA and never recover - this is not an issue here. No long waiting lists and the patient has much more control over their treatment.

Cons:

Healthcare - yes it costs money - if you work for a big company you will get a much better plan and your deductible will be much less. I did not sign up with my employer as they are a small company and the coverage was expensive but we are both on my hubbys as his is very good. Bottom line - one of you has to have a good job - if you plan on having kids it should be the one of you that will continue to work (typically the man).

Short vacation times - i get 3 weeks, hubby gets 2 weeks - no way around this one - it sucks compared to 4 weeks minimum in the UK

Maternity leave - terrible - varies between companies but can be as little as 6 weeks unpaid - terrible compared to UK where you can have up to 9 months off with some pay

Expensive uni - again if you are thinking of having kids - although the UK seems to be catching up on this. Also as long as your kid excels in one area you can get scholarships. Hubby went to a top uni for free on a scholarship. Another friend went to a top uni for free as she played Volleyball for the Uni.

That would be my overall thoughts, we want to have kids in the next couple of years so this is at the forefront of our decisions.

There is no answer to which country is better to live in - if that were the case dont you think everyone would live there? However I would say if you are already having reservations - it wont work - its so easy to become one of those ex-pats who compares everything to the UK and is miserable all the time - you have to move here with a positive outlook or it will not work.

Stacey

I agree with Rika you are worrying too much - although my husband is the USC I filled out all the paperwork in London (just had him sign and date where neccesary as paperwork is not his strong point lol) and they never once asked him anything / called him etc. He did not have to attend anything or appear at the interview. All you need to do is prove your wife has legal UK residency and show some joint paperwork even a joint bank statement or credit card bill. As other posters have said she is currently in the US planning for your relocation which will help your case.

But its your choice, good luck with whatever you choose.

I agree with Nich-Nicks thoughts

Your wife can do direct consular filing for you and she will not have to visit the embassy. Just make sure you mail the paperwork from inside the UK. Direct consular filing is much quicker, you would apply for an IR1 as you have been married since 2007. You were given bad advice, you dont need to file from the US just because you got married there, my husband and I were married in the US (he is the USC, me UKC), we then lived in London and did DCF to move back to the US. It took pretty much 5 months exactly. However it will be good for your case that your wife is already back in the US as it will show she has ties to the US and you guys are putting roots down there. My hubby went over about 2 months before me. If your wife is not working she will need a co-sponsor when it gets to the I-864 as she will need to prove she can support you financially. You can find a lot more info on VJ about that, you have a while to get that stuff together as its a bit further down the line yet. Good luck

"Many of my Spanish speaking friends have attempted to speak English to him as soon as I introduced him to them. Only after telling them that he only speaks Spanish do they switch from English"

Is it not normal to intially approach everyone in English in an English speaking country?

If your wife's J1 was privately funded she is probably not subject to the 2 year rule. My J1 was a few years back now in 2001 but on the pink copy I was given (and luckily still had at my K1 interview 2 years later) it stated I was not subject to this rule as my J1 was privately funded. Something like that. It was wriiten in small print on the back and there was a section about the 2 year rule and mine was not checked. Does your wife remember ever getting this copy? Surely you will not need a waiver if she was not subject to the rule. Perhaps she could request a copy from the embassy that provided the original J1?

Good Luck