pregnant and applying for B2 tourist visa

[HFM181818 750]

who pays the hospital bills if the B2 visa holder claims they lack the $$$??? The child born in the US is an American citizen, so the bill goes to the US taxpayers....and I did not consciously allow that to happen. someone has to pay...the hospital is not going to write off the bill. Public charge includes any sort of public monetary assistance that the US taxpayers pay for, either directly or indirectly....remind me, newacct, how many people have YOU interviewed who were seeking US visas? 0? Less than 0?

Who pays for illegal children who are attending public school in the US? Yep...you and I. And it costs us untold millions of dollars.

People come here all the time to have a baby at our expense...and I am tired of it...and I worked hard to prevent it and worked hard to collect from those who tried to renew their B2 visa later....pay back the hospital bills or stay put.

[jan22 3,056]

who pays the hospital bills if the B2 visa holder claims they lack the $$$??? The child born in the US is an American citizen, so the bill goes to the US taxpayers....and I did not consciously allow that to happen. someone has to pay...the hospital is not going to write off the bill. Public charge includes any sort of public monetary assistance that the US taxpayers pay for, either directly or indirectly....remind me, newacct, how many people have YOU interviewed who were seeking US visas? 0? Less than 0?

Who pays for illegal children who are attending public school in the US? Yep...you and I. And it costs us untold millions of dollars.

People come here all the time to have a baby at our expense...and I am tired of it...and I worked hard to prevent it and worked hard to collect from those who tried to renew their B2 visa later....pay back the hospital bills or stay put.

Whether one agrees with the opinion stated above, none of the information contained in it is relevant to a finding under INA 212(a)(4). It has been years since hospital bills could be used for a public charge finding -- it took a while, but was clarified and has been deemed an inappropriate application of the law. Look at 9 FAM 302.8-2 (formerly 9 FAM 40.41 N2). The only thing relevant for public charge is the acceptance of public CASH assistance for income maintenance or long-term institutional care at US government expense. While some consular officers still try to require repayment of hospital bills for births (and other reasons), it is not supported under the law and a good consular supervisor will not permit it. (The applicant could be found ineligible under the usual INA 21(b); that's a different issue.)

[Boiler 45,949]

Whether one agrees with the opinion stated above, none of the information contained in it is relevant to a finding under INA 212(a)(4). It has been years since hospital bills could be used for a public charge finding -- it took a while, but was clarified and has been deemed an inappropriate application of the law. Look at 9 FAM 302.8-2 (formerly 9 FAM 40.41 N2). The only thing relevant for public charge is the acceptance of public CASH assistance for income maintenance or long-term institutional care at US government expense. While some consular officers still try to require repayment of hospital bills for births (and other reasons), it is not supported under the law and a good consular supervisor will not permit it. (The applicant could be found ineligible under the usual INA 21(b); that's a different issue.)

As has been said many times a Visitor Visa is about credibility and someone who leaves bills behind unpaid has none. Especially where the tax payer is involved.

[jan22 3,056]

As has been said many times a Visitor Visa is about credibility and someone who leaves bills behind unpaid has none. Especially where the tax payer is involved.

Not arguing that point at all. Just pointing out that it is not a public charge. Can still be refused under 214b, which is basically what you're saying. Repaying a hospital bill does not improve credibility if done under duress to get a new visa, IMO.

[Boiler 45,949]

Not arguing that point at all. Just pointing out that it is not a public charge. Can still be refused under 214b, which is basically what you're saying. Repaying a hospital bill does not improve credibility if done under duress to get a new visa, IMO.

I do not remember seeing a single duress case, all the ones I have come across the OP stated something on the lines of they did not realise it was not free, they were forced to apply for Medicaid and/or they were having issues getting the Hospital to take their money.

[Transborderwife 4,666]

I do not remember seeing a single duress case, all the ones I have come across the OP stated something on the lines of they did not realise it was not free, they were forced to apply for Medicaid and/or they were having issues getting the Hospital to take their money.

See this amazes me. perhaps it's in the state of Florida only but we were heavily told that we could not accept Medicaid of any kind (regular or emergency) while on any sort of temporary non immigrant visa (vwp, b1/2).had I been undocumented? Sure, absolutely. Lucky for us we were able to cut a deal with the hospital.

[Boiler 45,949]

California seems to be the common location, there have been many threads.

I know it is not an issue in Colorado, immigration status is not relevant.

Do you have any sanctuary cities?

[Transborderwife 4,666]

We have sanctuary counties ?

Pasco, Hillsborough, Pinellas, Hernando, Miami-Dade, Broward and Palm Beach.

[Boiler 45,949]

We have sanctuary counties ?

Pasco, Hillsborough, Pinellas, Hernando, Miami-Dade, Broward and Palm Beach.

I think you will find there are ways, or lots of bankrupt hospitals.

[Transborderwife 4,666]

I think you will find there are ways, or lots of bankrupt hospitals.

If you're undocumented it's available

[Boiler 45,949]

Same thing then.

[Transborderwife 4,666]

Same thing then.

Several have gone private recently as well as others closed

[HFM181818 750]

Whether one agrees with the opinion stated above, none of the information contained in it is relevant to a finding under INA 212(a)(4). It has been years since hospital bills could be used for a public charge finding -- it took a while, but was clarified and has been deemed an inappropriate application of the law. Look at 9 FAM 302.8-2 (formerly 9 FAM 40.41 N2). The only thing relevant for public charge is the acceptance of public CASH assistance for income maintenance or long-term institutional care at US government expense. While some consular officers still try to require repayment of hospital bills for births (and other reasons), it is not supported under the law and a good consular supervisor will not permit it. (The applicant could be found ineligible under the usual INA 21(b); that's a different issue.)

the FAM is not law - it is policy....policy does not trump law.

[HFM181818 750]

Under INA 212(a)(4). Public charge.

• Under INA 212(a)(4)(A). In general.

BRIEF DESCRIPTION: The beneficiary is likely at any time to become a public charge.

DETAILS:

1. The alien is considered likely to become a public charge if it is the opinion of the consular or INS officer
at the time of application.

2. Under INA 212(a)(4)(B)(i) – The officer shall at a minimum consider the alien's –

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) educaltion and skills

3. Under INA 212(a)(4)(B)(ii) – In addition, the officer may also consider:

• capacity to earn income
• employment history
• public assistance history.
• any affidavit of support,
• any other factor.

[jan22 3,056]

the FAM is not law - it is policy....policy does not trump law.

Law is actually silent on the specific requirements for the finding of a public charge; it merely talks about what can go into the decision. The FAM is more than policy -- it is the implementing regulations for the law. One of the goals of consular sections around the world is consistency in the application/interpretation of the law; hence, the FAM is to be the guiding force in the application of the law. If a finding of denial under 212(a)(4) is questioned and an advisory opinion is sought from the Visa Office, they will not uphold a finding if the only issue is that someone did not pay a hospital bill. It does not rise to the level required.

USCIS also agrees with the interpretation of what benefits rise to public charge. Look at the "Definition of Public Charge" section and the "Benefits Not Subject to Public Charge Consideration" on the following USCIS Fact Sheet (https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet) and you will see that it mirrors the 9 FAM information. And, the first thing under the "Not Subject" list is having used received Medicaid (unless it was for long-term care).

Edited April 5, 2016 by jan22