HUGE DILEMMA! Help!!!

[MDM24 1]

(sorry I'm not sure where to post this...)

My wife's CR1 was finally approved, now I'm in a dilemma, she is 29 weeks pregnant, and she could stay in Mexico for two months and deliver the baby there and not pay anything because of the health insurance she has there or she could come with me right now and we would be stuck with no insurance in the US to help pay for the delivery of the baby.. I have read that we cannot apply for AHCCCS because of the affidavit of support; is this correct????

The thing is that I recently graduated from Nursing school, but I have not been hired yet so no health insurance or job right now..

(yes we had a co sponsor to be able to meet the financial requirements)

I would love the baby to be born here in the US, but because of the cost of delivery I'm having doubts;

does anyone know of any other program in Arizona that could help us with this; I would not mind paying it myself on payments but I called the hospitals and they all want all paid in full before the delivery..

[Cathi 5,748]

your wife cannot go on any federal or state funded health insurance, this is a means tested benefit and a big no no, you and the co sponsor would be on the hook.

[EM_Vandaveer 2,408]

Try to look into the state equivalent of PREGNANCY Medicaid. Here in Texas it's called CHIP Perinatal, you have to be "low income" to qualify, though. (But being a LPR is no problem, I was approved without any fuss.)

And I am pretty sure that nor my husband nor my co-sponsor will be on the hook for it. It's not cash assistance or long-term institutional care. And it is essentially for the baby, I'll only be on it while I'm pregnant. And the baby is a future USC so I highly doubt that it would create problems.

Edited July 6, 2012 by EM_Vandaveer

[Cathi 5,748]

Try to look into the state equivalent of PREGNANCY Medicaid. Here in Texas it's called CHIP Perinatal, you have to be "low income" to qualify, though. (But being a LPR is no problem, I was approved without any fuss.)

And I am pretty sure that nor my husband nor my co-sponsor will be on the hook for it. It's not cash assistance or long-term institutional care. And it is essentially for the baby, I'll only be on it while I'm pregnant. And the baby is a future USC so I highly doubt that it would create problems.

anything that is a means tested benefit the sponsor and co sponsor will be required to pay back to the government. just because you dont think it will be a problem,doesn;t mean it wont be. if you are approved doesnt mean it it wont need to be paid back

[MDM24 1]

I don't mind having to pay back the money, I'm just worried that it may affect her legal status ... ("revoking permanent residency or something similar? or maybe not approving the removal of conditions of her permanent residency in two years")

[Penguin_ie 5,993]

*** Moving from CR-1 visa to Your New Life as question isn't immigration related ***

Honestly, with the stress of moving and not knowing her doctors here and trying top pay for it, I'd have the baby in Mexico...

[M&Pooh 12]

anything that is a means tested benefit the sponsor and co sponsor will be required to pay back to the government. just because you dont think it will be a problem,doesn;t mean it wont be. if you are approved doesnt mean it it wont need to be paid back

Please do not mislead the readers. That's not true in all the cases.

For example, I posted here the link to the Illinois AllKids program. The official application for the program states that:

"Receiving most public health benefits should not affect a person’s immigration status. The U.S. Citizenship and Immigration Service may consider someone to be a public charge if they live in long-term care, like a nursing home or mental health facility that the government pays for."

I am pretty sure, the other states might have similar programs as well.

[jade_arb 3]

http://travel.state.gov/visa/immigrants/info/info_3183.html

What assistance programs are not considered means tested public benefit programs?

The following types of assistance are not considered means tested public benefits and do not have to be repaid.

• Emergency Medicaid
• School lunches
• Immunizations and treatment for communicable diseases
• Student assistance to attend colleges and institutions of higher learning
• Some kinds of foster care or adoption assistance
• Job training programs
• Head start
• Short-term, non-cash emergency relief

The delivery will be covered as Emergency Medicaid... At least in Texas will be! You will have to apply got CHIP Perinatal to cover the last weeks of her pregnancy care, or when she deliveres social workers will help her apply for Emergency Medicaid, she will not be eligible for Medicaid, and nothing but the delivery will be covered, your son will receive Medicaid for the first year and then CHIP or Medicaid or nothing depending in your income... If I were you I will have her deliver here than in Mexico!!! Good Luck with whatever choice you guys make!

[aaron2020 11,651]

your wife cannot go on any federal or state funded health insurance, this is a means tested benefit and a big no no, you and the co sponsor would be on the hook.

anything that is a means tested benefit the sponsor and co sponsor will be required to pay back to the government. just because you dont think it will be a problem,doesn;t mean it wont be. if you are approved doesnt mean it it wont need to be paid back

You are wrong.

From USCIS; http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Public Charge

Fact Sheet

Released April 29, 2011

Introduction

Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet provides information about public charge determinations to help noncitizens make informed choices about whether to apply for certain public benefits.

Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to permanent resident (obtaining a green card) is inadmissible if the individual "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." If an individual is inadmissible, admission to the United States or adjustment of status will not be granted.

Immigration and welfare laws have generated some concern about whether a noncitizen may face adverse immigration consequences for having received federal, state, or local public benefits. Some noncitizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.

Definition of Public Charge

In determining inadmissibility, USCIS defines “public charge”as an individual who 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.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors are considered, including 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 individual is a public charge.

Benefits Subject to Public Charge Consideration

USCIS guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and state or local cash assistance programs for income maintenance, often called “general assistance” programs. Acceptance of these forms of public cash assistance could make a noncitizen inadmissible as a public charge if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

[/color])Benefits Not Subject to Public Charge Consideration

Under the agency guidance, 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 and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

Housing benefits

Child care services

Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

Emergency disaster relief

Foster care and adoption assistance

Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education

Job training programs

In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

Non-cash benefits under TANF such as subsidized child care or transit subsidies

Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, and other forms of earned benefits

Unemployment compensation

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided 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 ongoing cash assistance for income maintenance, they are not subject to public charge consideration.

Note: In general, lawful permanent residents who currently possess a "green card" cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible.

Last updated:05/03/2011

Edited July 7, 2012 by aaron2020

[Holly2234 66]

aaron2020 has outlined all of the things she CAN get without having to pay back. Also without affecting her when it comes to applying for her 10 year green card.

Personally, i would say give birth in America. Babies need loads of things and she cant bring everything so for that purpose, giving birth where she plans to stay makes the most sense to me.

As for knowing her doctors etc. i don't know how it is in Mexico but i never saw any one person regularly and the person who delivered my daughter was somebody who just happened to be there (in the UK). So it shouldn't be a major issue unless she is particularly uncomfortable with doctors she doesn't know.

Edited July 7, 2012 by Holly2234

[X Factor 1,112]

You are wrong.

From USCIS; http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Public Charge

Fact Sheet

Released April 29, 2011

Introduction

Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet provides information about public charge determinations to help noncitizens make informed choices about whether to apply for certain public benefits.

Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to permanent resident (obtaining a green card) is inadmissible if the individual "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." If an individual is inadmissible, admission to the United States or adjustment of status will not be granted.

Immigration and welfare laws have generated some concern about whether a noncitizen may face adverse immigration consequences for having received federal, state, or local public benefits. Some noncitizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.

Definition of Public Charge

In determining inadmissibility, USCIS defines “public charge”as an individual who 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.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors are considered, including 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 individual is a public charge.

Benefits Subject to Public Charge Consideration

USCIS guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and state or local cash assistance programs for income maintenance, often called “general assistance” programs. Acceptance of these forms of public cash assistance could make a noncitizen inadmissible as a public charge if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

[/color])Benefits Not Subject to Public Charge Consideration

Under the agency guidance, 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 and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

Housing benefits

Child care services

Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

Emergency disaster relief

Foster care and adoption assistance

Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education

Job training programs

In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

Non-cash benefits under TANF such as subsidized child care or transit subsidies

Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, and other forms of earned benefits

Unemployment compensation

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided 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 ongoing cash assistance for income maintenance, they are not subject to public charge consideration.

Note: In general, lawful permanent residents who currently possess a "green card" cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible.

Last updated:05/03/2011

Can't argue with the facts

[del-2-5-2014 1,339]

If I was the sponsor on this deal, I would like to be included in the decision making process.

[VanessaTony 3,567]

Here is a fantastic link from the Iowa DHS: http://www.dhs.state.ia.us/policyanalysis/policymanualpages/manual_documents/Master/8-L.pdf It covers public charge, the different affidavits of support, means tested benefits and what emergency medicaid covers. Of course your state would be the same with this info so don't let the fact it's Iowa throw you. It's important to note emergency medicaid ONLY covers the day of the emergency and the following 2 days so an extended hospital stay may result in you getting a bill.

The issue is emergency medicaid does not cover pre-natal care so you (or anyone else reading) would need to find another program to help with that (if needed) and look into the requirements for that.

Another plus is I know WIC (Women and Infant Care) isn't means-tested so she'll be eligible for that too.

Also, remember that after birth she/you will need to apply for CRBA for the baby which can take a month or two depending on the country so there are many pluses to having the baby in the US. That said she can come over on her CR-1 visa to activate the GC and then return to mexico to wait on the birth. I know personally the financial issues are scary. Just because she CAN apply for emergency medicaid doesn't mean she will be approved and that would be scary to me.

Personally I would give birth in her home country. If I was in the same situation but of course my home country I would not hesitate to have the country at home.

[MDM24 1]

Thank you for all your comments; I can now take a more educated decision.. we still haven't decided what to do but I feel way more informed, and of course I'm researching this myself as well..

[rocks 494]

Honestly, with the stress of moving and not knowing her doctors here and trying top pay for it, I'd have the baby in Mexico...

I agree. I'm 32 weeks, I can't imagine what it would be like to move now. I would hate to have to find a new doctor too.

I wish you luck with whatever option you choose.