Complicated Immigration Issues

[DCVA 0]

Hello All. Here is the situation. My uncle in California, who is a US Citizen, filed the paperwork to bring her sister, my aunt, here to the US. My uncle was also the one who signed the affidavit of support. When my aunt came to the US she did not want to go to California. She decided to live with her sister, my mother, in Florida. Since that time my aunt got her resident alien card and she also applied for Medicaid and got it. While on Medicaid she was hospitalized and has surgery done. My mom who is also a US Citizen has been putting my aunt on her taxes and filing as head of household. My aunt does not work and from what I understand is preparing to become a US citizen. So my questions are the following:

1. What kind of trouble of problems would my uncle be in because he signed the affidavit of support?

2. What kind of trouble or problems can my mother be in by putting my aunt on her income taxes? My mom has never been in trouble with the law and it would be very upsetting if she would be in some type of trouble.

3. Would my aunt face any consequences when she applies for citizenship because of the Medicaid help?

4. Can you guys offer any recommendations?

Hope you guys can help me out and thanks for reading.

[NigeriaorBust 4,087]

Your uncle COULD be required to pay the government back for all means based support IF the government asks for it.

If your mother put a person on her taxes that she was not allowed to then she will face fines , have to pay the increased tax amounts and penalties and could face jail time. If she is not a US born citizen she could lose her citizenship and be deported

If you aunt lies about what she has done on her applications she can be denied and deported. If she tells the truth she may or may not have issues.

[SophWeb 25]

Hello All. Here is the situation. My uncle in California, who is a US Citizen, filed the paperwork to bring her sister, my aunt, here to the US. My uncle was also the one who signed the affidavit of support. When my aunt came to the US she did not want to go to California. She decided to live with her sister, my mother, in Florida. Since that time my aunt got her resident alien card and she also applied for Medicaid and got it. While on Medicaid she was hospitalized and has surgery done. My mom who is also a US Citizen has been putting my aunt on her taxes and filing as head of household. My aunt does not work and from what I understand is preparing to become a US citizen. So my questions are the following:

1. What kind of trouble of problems would my uncle be in because he signed the affidavit of support?

2. What kind of trouble or problems can my mother be in by putting my aunt on her income taxes? My mom has never been in trouble with the law and it would be very upsetting if she would be in some type of trouble.

3. Would my aunt face any consequences when she applies for citizenship because of the Medicaid help?

4. Can you guys offer any recommendations?

Hope you guys can help me out and thanks for reading.

1. We need more information. How long has your Aunt been in the US? That may change the answer to your question.

2. You will probably need to consult a tax agent for this one, to see if you Aunt did actually qualify as a dependent (which I assume is what your mother put her under).

3. Probably be better to direct that question to the 'Filing for Citizenship' forum.

[Dakine10 5,452]

If she is not a US born citizen she could lose her citizenship and be deported

On what grounds do you see citizenship being revoked? This is very rare and certainly not an arbitrary process. I don't see anything in the OP that would lead to this.

[Dakine10 5,452]

Hello All. Here is the situation. My uncle in California, who is a US Citizen, filed the paperwork to bring her sister, my aunt, here to the US. My uncle was also the one who signed the affidavit of support. When my aunt came to the US she did not want to go to California. She decided to live with her sister, my mother, in Florida. Since that time my aunt got her resident alien card and she also applied for Medicaid and got it. While on Medicaid she was hospitalized and has surgery done. My mom who is also a US Citizen has been putting my aunt on her taxes and filing as head of household. My aunt does not work and from what I understand is preparing to become a US citizen. So my questions are the following:

1. What kind of trouble of problems would my uncle be in because he signed the affidavit of support?

2. What kind of trouble or problems can my mother be in by putting my aunt on her income taxes? My mom has never been in trouble with the law and it would be very upsetting if she would be in some type of trouble.

3. Would my aunt face any consequences when she applies for citizenship because of the Medicaid help?

4. Can you guys offer any recommendations?

Hope you guys can help me out and thanks for reading.

1. Medicaid is a means tested benefit in most cases. If the affidavit of support was in effect at the time, your uncle can be held responsible and made to pay back those benefits.

2. For taxes, your mom can file that way if she qualifies as head of household, and if your aunt is a qualifying dependant.

here is a link to check if your aunt qualifies as a dependant.

http://www.1040.com/site/FederalTaxes/Dependents/QualifyingRelative/tabid/209/Default.aspx

here is a link to see if your mom qualifies as head of household

http://www.1040.com/site/FederalTaxes/TaxFilingBasics/FilingStatus/tabid/213/Default.aspx#HOH

NOTE: please contact a tax professional for a definitive answer. The above sites are for informational purposes only.

3. As a general rule, using means tested benefits will not affect citizenship eligibilty, unless there was criminal activity involved. However the benefit would need to be repaid and she must not lie or misrepresent anything to USCIS either in person or on any forms.

4. I would recommend making sure the taxes were filed correctly to avoid future legal problems. If they were not, a tax professional can help correct them.

The dept of state website says emergency medicaid use is not considered a means tested benefit for the purpose of the affidavit of support and would not have to be repaid. I'm not sure based on what you posted if that applies to your aunt or not, but it may be worth looking into further.

[DCVA 0]

Thanks for the responses so far because this has been a tough situation that has just been brought to my attention and I appreciate your responses. I will try to answer the questions asked. My aunt has been in the US for about 6 years or so. My mother did put my aunt as a dependent since her arrival. Also, based on the 1040 website my mother would be head of household because my aunt does meet the requirements for a qualifying relative.

[Brother Hesekiel 2,236]

Once your aunt had her Green Card for 5 years, she was officially eligible for means tested benefits. Your mom can list your aunt as a dependent, if she is one, which is possibly the case here. Your uncle will only be asked to reimburse Uncle Sam if he asks for it, which is rather unlikely in your case.

Without knowing the intricate specifics involved here, I don't see any problems for either your mom, your aunt, or your uncle.

[NigeriaorBust 4,087]

On what grounds do you see citizenship being revoked? This is very rare and certainly not an arbitrary process. I don't see anything in the OP that would lead to this.

n I made reference to the aunt, if someone gets into enough legal troubles USC status can been removed. This rarely happens but it is a possible outcome.