Obamacare only available after AOS approved?

[nocturnien 0]

Hi, I am petitioning for my Mom via AOS, simultaneous submission of I-130 and I-485. She is currently in the US on a visitor visa. I was told that she will get Obamacare once the petition is approved. However, that could be a long time since the queue is rather long. Over 8 months. I also heard that if she applies for I-765, then she will get a SSN, which will allow her to get Obamacare before the greencard since the wait for I-765 processing is much shorter than I-485/I-130. Is that true?

Also, she is in her 70s and too old to work. Will she still be approved for an I-765?

Any way to get Obamacare before the SSN if she is filing for AOS?

THANKS in advance!!

[aaron2020 11,651]

She must be an LPR to qualify for Obamacare.

Your mother's current status as a visitor filing for AOS does not qualify her for Obamacare.

https://www.healthcare.gov/immigrants/coverage/

[yuna628 9,713]

Hi there, to clear up any confusion, it all depends on the type of status she has.

If for instance it was a K1 fiancé situation, and you were transitioning from that visa with AOS, an NOA1, an EAD, or a Green Card would be acceptable means of proof. Having an SSN or not, is not a prohibitive means to obtaining health insurance. It is not a requirement to obtain health insurance, though it may be requested.

Seeing as she is your mom however, it becomes a different story. You're petitioning her and in general, besides her period of visiting you right now, she resides overseas, correct? Her current status is that of visitor to the US, with a visit visa. Visitors are not eligible for Obamacare. Your options for her health insurance during this time are going to be temporary insurances, immigrant visitor insurance etc that are marketed by private companies. Keep in mind these do not fall under federal rules and are considered substandard insurance. To apply for O'care, you will have to wait until she is a lawful perm resident as she is just a visitor. That being said, O'care for you, being that you are a resident of California will fall under your state exchange jurisdiction - Covered California.

Your other option, once she is established is to purchase health insurance privately. Keep in mind there is sticker shock involved. At her age the premium could likely even be higher than normal, even in using the state exchange.

[aaron2020 11,651]

What's immigrant visitor insurance?

[lacolinab13 86]

Those who are adjusting status to LPR are eligible to buy insurance from the health insurance marketplace/exchange:

https://www.healthcare.gov/immigrants/immigration-status/

Applicants for any of these statuses qualify to use the Marketplace:

• Temporary Protected Status with Employment Authorization
• Special Immigrant Juvenile Status
• Victim of Trafficking Visa
• Adjustment to LPR Status

To me, that says once you get your NOA1s, she should be eligible, but you can always call to double check.

Edited July 11, 2016 by lacolinab13

[yuna628 9,713]

What's immigrant visitor insurance?

Temporary insurances that are marketed towards long stay visitors and other immigrants. You can find them through google, and a few people have used them. They offer dubious coverage at best, but some coverage nonetheless.

[nocturnien 0]

Thanks everyone for your replies.

Temp insurance has terrible converage, especially for seniors her age. So while it is an option, it is a really poor option.

The healthcare gov site makes an explicit distinction between LPR (Legal Permanent Residents, ie, green card holders) and AOS. Both are qualified. The question I am trying to figure out is at what stage of a pending AOS petition can the applicant start using the insurance exchanges. The folks at CoveredCA can not answer my question. Really strange.

[yuna628 9,713]

Thanks everyone for your replies.

Temp insurance has terrible converage, especially for seniors her age. So while it is an option, it is a really poor option.

The healthcare gov site makes an explicit distinction between LPR (Legal Permanent Residents, ie, green card holders) and AOS. Both are qualified. The question I am trying to figure out is at what stage of a pending AOS petition can the applicant start using the insurance exchanges. The folks at CoveredCA can not answer my question. Really strange.

While I would say adjustment to LPR is acceptable with an NOA1 (and if they gave you issues due to their lack of understanding it's especially acceptable with an EAD), it's hard to say because in your mom's case she is currently visiting you correct? That means at some point she's returning home before the process is complete?

The answer in many cases would be that if a person is *here* to stay and is adjusting their status that they should be able to have access to O'care, that is if you can get past the misinformation line employees. But because you've said your mom is visiting, that means she's not classed as anything but a visitor unless everything else is approved. It may be best to seek out a registered health insurance advisor on the issue that may be able to assist if you cannot speak to a supervisor directly.

[lacolinab13 86]

Thanks everyone for your replies.

Temp insurance has terrible converage, especially for seniors her age. So while it is an option, it is a really poor option.

The healthcare gov site makes an explicit distinction between LPR (Legal Permanent Residents, ie, green card holders) and AOS. Both are qualified. The question I am trying to figure out is at what stage of a pending AOS petition can the applicant start using the insurance exchanges. The folks at CoveredCA can not answer my question. Really strange.

If it were me, I would just go ahead and try to get a plan once you have NOA1. Information tends to become much clearer once the exchange or relevant insurance company is dealing with a specific case. So I would try to sign her up and see what happens. To me, applicant implies simply that you have submitted the application so NOA1, and that's what I would argue if any company tried to refuse me, but if not then certainly EAD will do the trick.

I'm not personally seeing any distinction between your mom and other applicants for LPR status or how she would remain a visitor until all is approved. Given that an NOA1 starts a new period of authorized stay, she's no longer on her I-94 authorized stay, and certainly once she gets EAD I really don't see how one could possibly consider her a visitor.

I'm sure you know that, unfortunately, her health insurance plan is likely to cost you an arm and a leg .

[kjohnsen 0]

For what it's worth, we did the I-485 and submitted our NOA1 (I-797C), and Marketplace won't approve us. We're running into problems and I don't understand why, when "Adjust to LPR Status" should make my wife eligible. I don't know why this is so confusing. I've called many times and they seem to stick to what the system tells them and can't explain how we are ineligible given the "adjust to LPR status" listing on the website. We filed an escalation, and hopefully we get the EAD soon, but this is getting a bit scary for us since my wife is 6 months pregnant.

[USS_Voyager 1,972]

I've applied for Obamacare for many family members and in my experiences, it only works for people who have greencards. The system they designed doesn't allow them to move forward without the necessary information filled in, information that only available on the greencard. For instance, it asks for the A-number (which almost everyone has) but it also ask for some sort of case number (not the immigrant visa case number or USCIS receipt number-tried those, didn't work). That number I could only found in the back of the green card, buried under a bunch of other numbers. Without that, the system just won't let you move forward. So, yes, it's a cluster.