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Posted

I've recently been diagnosed with Ovarian Cancer. And although it sounds scary, the type of Cancer I have is considered that of a "low malignant potential" tumor. It's actually quite rare (with only a 1-2% occurence rate) and non-aggressive. There are two other types of ovarian cancers that are actually the scary kind. They are the ones that kills. And fast. Anyway, I'm okay (it hasn't metastizised - again, because of the non-aggressive nature of the tumor) and not in any pain, which I suppose, is good. But, still, there is the trauma of actually being diagnosed. Ever heard of the phrase: "it never happens, until it happens to you?" That's exactly what I'm going through. But, to add to that, my husband and I are now worried that besides having to deal with the cancer, there is the possibility that his petition (or the I-485 for me) will not get approved because I'll be considered a "public charge." Has anyone heard of such a case or, maybe, something similar? Is having cancer a probable cause for denial of I-130 or I-485??? I understand that typical grounds for inadmissibility are communicable diseases and behavioral /mental disorders that can cause harm to the public. However, I understand that another ground for a denial is the intending immigrant's likelihood to become a "public charge."

Thank you so much for taking the time to read this and I appreciate any input you could provide. We're just really scared and worried right now that I feel the need to vent out, even just here.

12/02/06 (Saturday)- mailed I-130/AOS/EAD to CHI via express mail

12/04/06 (Monday)- Packet delivered to CHI/Receipt date in NOA1 (Day 1)

12/08/06 - Checks cashed (Day 4)

12/11/06 - Received NOA1/I-797C Notice (Day 7)

12/14/06 - Touched: I-130/AOS/EAD (Day 10)

12/18/06 - Touched: I-130/EAD (Day 14)/ Received Biometrics Letter

12/19/06 - Touched: I-130/EAD (Day 15)

12/27/06 - Had Biometrics taken (Day 23)

12/28/06 - Touched: AOS/EAD (Day 24)

01/04/07 - Touched: AOS/EAD (Day 32)

01/22/07 - Received Interview Letter for March 8, 2007 (Day 50) (Thank you Lord!!!)

02/21/07 - Touched: I-130/AOS (Day 80)

02/22/07 - Touched EAD (Day 81)

02/26/07 - EAD approved as per email from CRIS (Day 85)--- Yay!!!

02/28/07 - EAD card ordered (Day 87)

03/02/07 - Received EAD

03/08/07 - Interview Day (Day 95)-- Approved! Whoohoo! Thank you Lord!!

03/09/07 - Email notice: "Notice mailed welcoming the new permanent resident"

03/13/07 - Email notice: "Card production ordered"

03/19/07 - Permanent Resident Card and "Welcome to America" notice received!!! Yahoo!!!

Jan 2009 - Divorce final

Filed: K-1 Visa Country: Mexico
Timeline
Posted

The public charge issue comes into play if you were to apply for "means-tested" benefits like Public Aid. As long as your husband can provide the affidavit of support and you are going to be covered by your husband's health insurance, you will have no problems. I can't imagine they even ask this type of health-related question at AOS but I haven't been through that part yet so I don't know. In any event, you have enough to worry about - take care of yourself and best of luck.

Filed: AOS (pnd) Country: Brazil
Timeline
Posted

I pray you'll recover soon =)

As long as you are insured, you should be fine, just as kitkat said.

God bless you!

Vanessa

My story:

09/23/2002 - Met Chris online, there was something very special about this guy =0)

07/16/2006 - We got married in Reno, Nevada.

USCIS:

08/13/2006 - Filed for AOS, AP, EAD - they were VERY carefully packaged with a detailed cover sheet on top of each of the forms, just as VJ's instructions recommend. It was A LOT of work, but it did pay off! (we firmly believe this is what sped up our process big time)

08/31/2006 - Biometrics appointment

09/09/2006 - Received my AOS appointment date!

10/26/2006 - EAD touched and AP APPROVED!

10/27/2006 - AOS appointment at 7:30 AM! APPROVED IN EXACTLY 70 DAYS!!!

11/01/2006 - EAD approved

11/02/2006 - Email notification - greencard will be mailed as soon as it is ready! YAY again!

11/02/2006 - Welcome to the United States of America letter in the mail! Almost there! =)

11/06/2006 - EAD card and White card (a.k.a. greencard) arrive in the mail!

Journey Total Duration: 80 days

Filed for removal of conditions on 07-28-2008 and had them removed on 09-10-2008

Filed: Timeline
Posted

It wont be an issue..... they dont ask any medical questions at the interview... well not at mine or any that I have read about...

I have artheritis in both my knees and hips and had a total knee replacement done in may here in the US... I had no problems at interview although they could see I had mobility problems...

Good Luck and keep well...

Kezzie

Filed: K-1 Visa Country: Colombia
Timeline
Posted

Maybe somebody will disagree here but I don't think that medical expenses constitute "means tested public benefits". That is mostly food stamps and such. Even if you didn't have insurance I don't think it is a problem.

Regardless, this is not an issue. Your medical was done before you came and the health questions are past. Even then there are many cancer victims that come. They are primarily interested in communicable diseases being brought into the US.

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Filed: Country: United Kingdom
Timeline
Posted
Maybe somebody will disagree here but I don't think that medical expenses constitute "means tested public benefits". That is mostly food stamps and such. Even if you didn't have insurance I don't think it is a problem.

Regardless, this is not an issue. Your medical was done before you came and the health questions are past. Even then there are many cancer victims that come. They are primarily interested in communicable diseases being brought into the US.

joe,

Sorry, I'm the one. :)

New immigrants are not eligible for means-tested benefits, and other than emergency treatment, most medical public health $$ do fall into that category. We were warned off specifically due to my husband's medical history.

shusterman doesn't say if she already had her immigration medical. If so, probably in the clear as there would be no reason for the topic to come up in the AOS interview.

I agree with you on what they are normally looking for in the medical. This wouldn't be a public charge issue, except by warning. shusterman's USC might be warned to get insurance, as I was, and again, unless they raise the topic, I don't see how/where it would be reported.

shusterman, good luck, and feel well. Try to not worry. :)

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: K-1 Visa Country: Colombia
Timeline
Posted

Shusterman,

Don't freak out here. If you look closely we are all in agreement that your cancer is not an issue. The debate is whether cancer treatment woud be a " means tested public benefit ". Evidently I spoke incorrectly but don't be confused. This has nothing to do with your AOS. We all agree that you are home free on that topic.

Meauxna,

This breaks my heart. I really didn't think that medical care fell in this category. That is a shame. It is completely wrong.

Maybe somebody will disagree here but I don't think that medical expenses constitute "means tested public benefits". That is mostly food stamps and such. Even if you didn't have insurance I don't think it is a problem.

Regardless, this is not an issue. Your medical was done before you came and the health questions are past. Even then there are many cancer victims that come. They are primarily interested in communicable diseases being brought into the US.

joe,

Sorry, I'm the one. :)

New immigrants are not eligible for means-tested benefits, and other than emergency treatment, most medical public health $$ do fall into that category. We were warned off specifically due to my husband's medical history.

shusterman doesn't say if she already had her immigration medical. If so, probably in the clear as there would be no reason for the topic to come up in the AOS interview.

I agree with you on what they are normally looking for in the medical. This wouldn't be a public charge issue, except by warning. shusterman's USC might be warned to get insurance, as I was, and again, unless they raise the topic, I don't see how/where it would be reported.

shusterman, good luck, and feel well. Try to not worry. :)

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Filed: Country: United Kingdom
Timeline
Posted
This breaks my heart. I really didn't think that medical care fell in this category. That is a shame. It is completely wrong.

Joe,

Let's not mis-speak. Treatment itself is not a means-tested benefit. Medicaid or other types of government-issued benefits are what I'm speaking of. shusterman may be fully prepared to pay her own way.

Immigrants are prohibited from receiving means-tested benies for their first five years in the US. There is no definitive list of means-tested benefits, but I've found some good lists in the I-864 documentation that I've collected in the DCF Guide.

As you know, free medical care isn't always available to US citizens. I gamble on staying healthy every day. :)

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Posted

Maybe somebody will disagree here but I don't think that medical expenses constitute "means tested public benefits". That is mostly food stamps and such. Even if you didn't have insurance I don't think it is a problem.

Regardless, this is not an issue. Your medical was done before you came and the health questions are past. Even then there are many cancer victims that come. They are primarily interested in communicable diseases being brought into the US.

joe,

Sorry, I'm the one. :)

New immigrants are not eligible for means-tested benefits, and other than emergency treatment, most medical public health $$ do fall into that category. We were warned off specifically due to my husband's medical history.

shusterman doesn't say if she already had her immigration medical. If so, probably in the clear as there would be no reason for the topic to come up in the AOS interview.

I agree with you on what they are normally looking for in the medical. This wouldn't be a public charge issue, except by warning. shusterman's USC might be warned to get insurance, as I was, and again, unless they raise the topic, I don't see how/where it would be reported.

shusterman, good luck, and feel well. Try to not worry. :)

Thank you so much for your kind thoughts...

No, I haven't had my medical exam yet. I'm scheduled to have it this Friday and I guess that's part of our worry, really. It's just...very frustrating, not really knowing for sure. Logically, we don' think it should be a problem either. It's just, again, the not knowing for sure and the knowledge that it depends on how the USCIS sees our situation.

I pray you'll recover soon =)

As long as you are insured, you should be fine, just as kitkat said.

God bless you!

Vanessa

Thank you so much for your prayers. It's truly nice to hear that from someone I don't know. It just...renews my belief in the goodness of strangers. :)

Shusterman,

Don't freak out here. If you look closely we are all in agreement that your cancer is not an issue. The debate is whether cancer treatment woud be a " means tested public benefit ". Evidently I spoke incorrectly but don't be confused. This has nothing to do with your AOS. We all agree that you are home free on that topic.

I'm trying very hard not to freak out. Maybe it's just the nerves. Nonetheless, thank you. It does feel better to see most opinions on the same side.

12/02/06 (Saturday)- mailed I-130/AOS/EAD to CHI via express mail

12/04/06 (Monday)- Packet delivered to CHI/Receipt date in NOA1 (Day 1)

12/08/06 - Checks cashed (Day 4)

12/11/06 - Received NOA1/I-797C Notice (Day 7)

12/14/06 - Touched: I-130/AOS/EAD (Day 10)

12/18/06 - Touched: I-130/EAD (Day 14)/ Received Biometrics Letter

12/19/06 - Touched: I-130/EAD (Day 15)

12/27/06 - Had Biometrics taken (Day 23)

12/28/06 - Touched: AOS/EAD (Day 24)

01/04/07 - Touched: AOS/EAD (Day 32)

01/22/07 - Received Interview Letter for March 8, 2007 (Day 50) (Thank you Lord!!!)

02/21/07 - Touched: I-130/AOS (Day 80)

02/22/07 - Touched EAD (Day 81)

02/26/07 - EAD approved as per email from CRIS (Day 85)--- Yay!!!

02/28/07 - EAD card ordered (Day 87)

03/02/07 - Received EAD

03/08/07 - Interview Day (Day 95)-- Approved! Whoohoo! Thank you Lord!!

03/09/07 - Email notice: "Notice mailed welcoming the new permanent resident"

03/13/07 - Email notice: "Card production ordered"

03/19/07 - Permanent Resident Card and "Welcome to America" notice received!!! Yahoo!!!

Jan 2009 - Divorce final

Filed: Country: United Kingdom
Timeline
Posted
Thank you so much for your kind thoughts...

No, I haven't had my medical exam yet. I'm scheduled to have it this Friday and I guess that's part of our worry, really. It's just...very frustrating, not really knowing for sure. Logically, we don' think it should be a problem either. It's just, again, the not knowing for sure and the knowledge that it depends on how the USCIS sees our situation.

The details are getting fuzzy (it's the mad cow) and I didn't attend the medical myself (DAH is the ex-immigrant) so I can't give you a definite answer, but someone here can. Check into what happens at a typical med exam *here in the US* preferably by someone who used the same panel doc as you are.

There is a questionaire about your health history; it may be that there is NO reason your topic will come up.

I totally hear you on the 'don't know what's coming' being the stressful part. Use this medium to read as much as you can so you know what to expect (the medical itself is not a big deal) and remember every day that your cancer is not a bar against immigration. You'll have some financial challenges, I imagine, but those are outside your immigration. It's hard here sometimes to give a complete and accurate answer that doesn't drift so far away from the original topic--there's an exception to almost every case--but my instinct is to tell you to focus on healing and trust that your AOS will work out just perfectly.

Check back with us, won't you? Your experience will be helpful to someone else in the future. :)

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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