Medicaid, F-1, I-485 and AOS help

[chimichanga 3]

I have a question and don't seem to get a clear response. I am an F-1 student married to my USC wife since 2015(April). In February 2015, my wife went to H&R block for her taxes. She was struggling with jobs and she had spent all her retirement(close to 80k) in 2014. As she was talking to the tax preparer, her tax preparer advised her to get state insured health care(Medicaid) because she just spent her retirement for our living and now she was just going through job interviews without any real luck. My wife thought that it was a good idea and got me enrolled in it as well. Neither the tax preparer nor my wife have much knowledge about the immigration law.

Long story short, as I was preparing my paperwork, I used that medicaid to get my immunization shots for I-693 from a public health department run by the state. I cancelled the insurance/medicaid in October 2015.(My health insurance though the university was not accepted)

I have always had health insurance paid for by me through my university(it is a requirement for F-1 students). As I am filing the form I-485, there is a question in part 3 (2):

"#2 Have you received public assistance in the United States from any source, US government, or any State, county, city, or are you likely to receive public assistance in the future? "

How should I answer this question? Yes or No? I have read info on USCIS website concerning "Public Charge" and here is what it says

Q. What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes 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, and emergency medical services) other than support for long-term institutional care
• Children's Health Insurance Program (CHIP)
• Nutrition programs, including 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)

Here is the link to the website https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

[newacct 688]

I would answer Yes, and attach a statement stating when you got Medicaid and on what basis. It is not clearly defined what they mean by "public assistance". It doesn't hurt to error on the side of being open because you know that having gotten or getting Medicaid will not affect your green card process. If the real answer is No and you answer Yes, they will read the statement and ignore it. But if the real answer is Yes and you answer No, you have misrepresented yourself.

However, I am also confused as to how you qualified for Medicaid in the first place. Usually, only Emergency Medicaid and Pregnancy-only Medicaid (in some states) are available to people without green card; did you have one of those types?

Edited March 9, 2016 by newacct

[chimichanga 3]

I would answer Yes, and attach a statement stating when you got Medicaid and on what basis. It is not clearly defined what they mean by "public assistance". It doesn't hurt to error on the side of being open because you know that having gotten or getting Medicaid will not affect your green card process. If the real answer is No and you answer Yes, they will read the statement and ignore it. But if the real answer is Yes and you answer No, you have misrepresented yourself.

However, I am also confused as to how you qualified for Medicaid in the first place. Usually, only Emergency Medicaid and Pregnancy-only Medicaid (in some states) are available to people without green card; did you have one of those types?

I did not. My wife had my passport and other documents like W-2's(we filed separately since at that time we were not married) and she asked my wife for some number from my passport(I think its the I-94 number) and that was it. Matter or fact my insurance card arrived before my wife's(an she is a natural born US citizen). Can you please advise me on the verbiage I should include in the statement(and where I should put that statement)

[NancyNguyen 1,658]

Thing is not only that question but on medicaid form, how did your wife answer about your immigration status?

[Transborderwife 4,666]

Thing is not only that question but on medicaid form, how did your wife answer about your immigration status?

I agree. I was asked several times when my Dh applied for food stamps to prove if I was eligible or not

[chimichanga 3]

My wife told the person tha I was an international student on visa and the person asked for an i94 number which was provided

[chimichanga 3]

Just called the insurance/Medicaid place and double checked my status and I was registered as a non immigrant student

[chimichanga 3]

Anyone???

[NancyNguyen 1,658]

USCIS just wants to see if you are straightforward about government assistance. You can answer yes for that question and included an explanation letter that you were accidentally enrolled. I think it was a State medical assistance program, not federal assistance, which is easier to obtain. It is not ground to deny your green card. Furthermore, you will have a chance to explain yourself at interview.

FYI, no one has been sued or fined for being a public burden in immigration process. Good luck.

[chimichanga 3]

Thanks Nancy. It was indeed state insurance. Should I include the state(Medicaid) insurance card and termination letter with the I -485 ? Should I also include my insurance from the university that I purchased during that time?

Where should I include the explanation? Should it be right in the middle of I-495? Should I also include a print of this page?

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Thank you!

[chimichanga 3]

Bump

[Villanelle 4,122]

Im not sure what else you need stated here?

Im going to assume you are in NY as it allows for the most benefits for immigrants. Even if you are not it doesnt matter where you are. You applied for state run medicaid and was accepted and enrolled. You didnt violate any laws. If your state allows someone with your status to get medicaid then --- thats it.

You even quoted the USCIS on where it states medicaid is not considered a public charge 'offense'. If it was this would be different. Its not. Since you have no public charge 'offenses' there is nothing to worry about here.

Just fill out the application. If there is a space to provide explanation- provide it there.(I dont remember the form) If there is not you can attach a simple statement with your application if you want to stating you answered "yes" to question number what ever it is and this is why. You have state run medicaid from X state. This does not qualify as a public charge.

I dont know about printing out USCISs own policies and including it. I mean its a little insulting to the person getting it. I mean they should know their job. This isnt a highly unknown issue- esp for people in those states like you that have medical insurance from the state. So its come up before. I would wait on sending the policy until IF they attempt to deny you because of it or RFE you/ask in interview.

Try not to stress to much. Its a long process and it can get the better of you if you let it.

[chimichanga 3]

Im not sure what else you need stated here?

Im going to assume you are in NY as it allows for the most benefits for immigrants. Even if you are not it doesnt matter where you are. You applied for state run medicaid and was accepted and enrolled. You didnt violate any laws. If your state allows someone with your status to get medicaid then --- thats it.

You even quoted the USCIS on where it states medicaid is not considered a public charge 'offense'. If it was this would be different. Its not. Since you have no public charge 'offenses' there is nothing to worry about here.

Just fill out the application. If there is a space to provide explanation- provide it there.(I dont remember the form) If there is not you can attach a simple statement with your application if you want to stating you answered "yes" to question number what ever it is and this is why. You have state run medicaid from X state. This does not qualify as a public charge.

I dont know about printing out USCISs own policies and including it. I mean its a little insulting to the person getting it. I mean they should know their job. This isnt a highly unknown issue- esp for people in those states like you that have medical insurance from the state. So its come up before. I would wait on sending the policy until IF they attempt to deny you because of it or RFE you/ask in interview.

Try not to stress to much. Its a long process and it can get the better of you if you let it.

So in your opinion, should I mark yes or no?

[Villanelle 4,122]

You would mark YES because you did take benefits from the government. Thats all the question asks. You need to answer it truthfully. Try not to worry about why they are asking just answer properly.