public assistance?

[bmadeline 0]

I have a tricky predicament for the VJ experts to weigh in on:

I recently moved from Washington state to Oregon state. Unbeknownst to me, my Regents Blue Shield from Washington does not qualify me for Regents Blue Sheild in Oregon. I am still paying my Washington insurance.

Now, to complicate matters further: I am 10 weeks pregnant. Apparently, if you are already pregnant you can't get insurance. Anywhere. No private insurance for the expecting mother. It's considered a "preexisting condition" and I have been laughed off the phone by more than one insurance agent already. The only insurance I can get is Oregon State Health Insurance. Now, I seem to recall signing something during all of this adjust status paperwork promising to not "become a burden to the state." Does this apply to my peruvian born husband only, or do we both have to refrain from accepting state assistance? I am not trying to go on welfare here, I am still paying my premium in Washington, but I can't get my prenatal care or birth covered if I don't have some form of insurance valid in Oregon.

If this is the sort of thing that I should talk to an immigration lawyer about, does anyone know a good one who won't charge me a whole bunch of money to ask a question?

Thanks VJ-ers!

[Carol and Bruno 0]

I have a tricky predicament for the VJ experts to weigh in on:

I recently moved from Washington state to Oregon state. Unbeknownst to me, my Regents Blue Shield from Washington does not qualify me for Regents Blue Sheild in Oregon. I am still paying my Washington insurance.

Now, to complicate matters further: I am 10 weeks pregnant. Apparently, if you are already pregnant you can't get insurance. Anywhere. No private insurance for the expecting mother. It's considered a "preexisting condition" and I have been laughed off the phone by more than one insurance agent already. The only insurance I can get is Oregon State Health Insurance. Now, I seem to recall signing something during all of this adjust status paperwork promising to not "become a burden to the state." Does this apply to my peruvian born husband only, or do we both have to refrain from accepting state assistance? I am not trying to go on welfare here, I am still paying my premium in Washington, but I can't get my prenatal care or birth covered if I don't have some form of insurance valid in Oregon.

If this is the sort of thing that I should talk to an immigration lawyer about, does anyone know a good one who won't charge me a whole bunch of money to ask a question?

Thanks VJ-ers!

Non-USCs are NOT considered public charges for using health care benefits, food programs, or any other programs that do not give cash. Cash welfare is considered for public charge purposes.

As a USC, you can receive any benefit that you are eligible for here in the states. That is your right as an American citizen.

Edited August 11, 2008 by Carol and Bruno

[Carol and Bruno 0]

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:

• Medicaid,

• Children’s Health Insurance Program (CHIP),

• Food Stamps,

• the Special Supplemental Nutrition Program for Women, Infants and Children (WIC),

• immunizations,

• prenatal care,

• testing and treatment of communicable diseases,

• emergency medical assistance,

• emergency disaster relief,

• nutrition programs,

• housing assistance,

• energy assistance,

• child care services,

• foster care and adoption assistance,

• transportation vouchers,

• educational assistance,

• job training programs,

• and 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.

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.

http://www.uscis.gov/files/pressrelease/public_cfs.pdf

Edited August 11, 2008 by Carol and Bruno

[angie & abed 1]

Thanks for that info Carol & Bruno....I had this question in my mind too! Good luck on your interview!

~Angie

[Carol and Bruno 0]

Thanks for that info Carol & Bruno....I had this question in my mind too! Good luck on your interview!

~Angie

Thank you and good luck on your interview tomorrow!!!!

Edited August 11, 2008 by Carol and Bruno

[bmadeline 0]

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:

• Medicaid,

• Children’s Health Insurance Program (CHIP),

• Food Stamps,

• the Special Supplemental Nutrition Program for Women, Infants and Children (WIC),

• immunizations,

• prenatal care,

• testing and treatment of communicable diseases,

• emergency medical assistance,

• emergency disaster relief,

• nutrition programs,

• housing assistance,

• energy assistance,

• child care services,

• foster care and adoption assistance,

• transportation vouchers,

• educational assistance,

• job training programs,

• and 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.

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.

http://www.uscis.gov/files/pressrelease/public_cfs.pdf

Thanks so much for that! HUGE weight off my mind.

[Susita 175]

I'm glad you asked this question too!

I have NYS family health plus which is funded by medicaid so I was nervous. Thanks

[spookyturtle 9,465]

If you are a US Citizen it doesn't matter if you receive means tested benefits. It only comes into play for the immigrant.

[TinTin and Samby 11]

Carol & Bruno,

Thanks for that link.

However, since that advise memo is dated in 1999, if someone else has any more recent documentation from USCIS documenting their current stance on this, could you share it here? Thanks!

Warm Regards,

Samby