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Posted

My mom is a new immigrant (arrived here 02/06/17).  She is 62.  Since she doesn't qualify to be included in our employer insurance nor does she qualify for Medicaid/Medicare , I didn't have a choice but to see if she is eligible to apply for the plans in ACA.  If she does get the ACA subsidy, does this make her a public charge, and thus violate the Affidavit of Support I signed?  

 

Thank you in advance for your assistance.

___________________________

IR-5 for Mom

02-17-16: Application sent to Chicago

02-23-16: Received official receipt Notice (Form I-797) - NOA1

03-12-16: Received email/text that petition was approved and that they are mailing the notice to me.

03-17-16: Received approval notice - NOA2

04-08-16: Received email from NVC

04-24-16: Submitted DS-261 (Choose an Agent) online

04-25-16: Paid AOS Fee

04-26-16: AOS cleared bank

04-27-16: AOS Fee status changed to PAID

04-27-16: Received email with IV Fee Invoice

05-23-16: Paid IV Fee Invoice

07-14-16: Submitted DS-260

07-15-16: Mailed Affidavit of Support and all Other Supporting Docs

09-13-16: Received email scheduling interview for 10-19-16

09-26-16: Medical Interview - FAILED (need Sputum Test)

10-12-16: Sputum Test PASSED (Negative Result)

12-08-16: Sputum Test Culture PASSED (Negative Result)

12-09-16: Re-scheduled Interview

12-13-16: Interview - PASSED

12-29-16: Received Passport and Visa

Filed: Country:
Timeline
Posted

senior healthcare is the hidden cost most people don't plan for when they bring thier parents over. make sure you look at the deductibles and prescription coverage when selecting a plan. and the window to enroll is only 30 or 60 days from when she arrived or else she has to wait for open enrollment.

 

good luck

Posted
  On 3/16/2017 at 7:45 PM, Dee elle said:

Marketplace or your state ACA service will confirm, but my understanding is no, it is not a public charge... 

 

A. For purposes of determining inadmissibility, “public charge” means an individual whois 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.Sep 3, 2009
Expand  
 

Thank you. :)

___________________________

IR-5 for Mom

02-17-16: Application sent to Chicago

02-23-16: Received official receipt Notice (Form I-797) - NOA1

03-12-16: Received email/text that petition was approved and that they are mailing the notice to me.

03-17-16: Received approval notice - NOA2

04-08-16: Received email from NVC

04-24-16: Submitted DS-261 (Choose an Agent) online

04-25-16: Paid AOS Fee

04-26-16: AOS cleared bank

04-27-16: AOS Fee status changed to PAID

04-27-16: Received email with IV Fee Invoice

05-23-16: Paid IV Fee Invoice

07-14-16: Submitted DS-260

07-15-16: Mailed Affidavit of Support and all Other Supporting Docs

09-13-16: Received email scheduling interview for 10-19-16

09-26-16: Medical Interview - FAILED (need Sputum Test)

10-12-16: Sputum Test PASSED (Negative Result)

12-08-16: Sputum Test Culture PASSED (Negative Result)

12-09-16: Re-scheduled Interview

12-13-16: Interview - PASSED

12-29-16: Received Passport and Visa

Posted
  On 3/16/2017 at 8:12 PM, f f said:

senior healthcare is the hidden cost most people don't plan for when they bring thier parents over. make sure you look at the deductibles and prescription coverage when selecting a plan. and the window to enroll is only 30 or 60 days from when she arrived or else she has to wait for open enrollment.

 

good luck

Expand  

I was able to get her into the open enrollment, as I had thought of the insurance while we were still processing her GC.  I haven't selected a plan yet, but I have a few days to select the right one, I just wanted to make sure the subsidy will not qualify as public charge (and it become an issue later) before I go all in.

 

Thanks for your input.

___________________________

IR-5 for Mom

02-17-16: Application sent to Chicago

02-23-16: Received official receipt Notice (Form I-797) - NOA1

03-12-16: Received email/text that petition was approved and that they are mailing the notice to me.

03-17-16: Received approval notice - NOA2

04-08-16: Received email from NVC

04-24-16: Submitted DS-261 (Choose an Agent) online

04-25-16: Paid AOS Fee

04-26-16: AOS cleared bank

04-27-16: AOS Fee status changed to PAID

04-27-16: Received email with IV Fee Invoice

05-23-16: Paid IV Fee Invoice

07-14-16: Submitted DS-260

07-15-16: Mailed Affidavit of Support and all Other Supporting Docs

09-13-16: Received email scheduling interview for 10-19-16

09-26-16: Medical Interview - FAILED (need Sputum Test)

10-12-16: Sputum Test PASSED (Negative Result)

12-08-16: Sputum Test Culture PASSED (Negative Result)

12-09-16: Re-scheduled Interview

12-13-16: Interview - PASSED

12-29-16: Received Passport and Visa

Filed: K-1 Visa Country: Switzerland
Timeline
Posted
  Quote

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

Expand  

 

ACA (Affordable Care Act) in your case is a fancy term to describe subsidized health care plans.  So unless they determine that your mom will need long-term care you can't afford, you are good to go.

 
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