Does Medicaid affect me as a citizen

[Neednanswer 0]

I am a US citizen and brought my son to the united with the I130 and an affidative of support. I wanted to know if it's ok to get him Medicaid, will this affect me in any way. 

[Unlockable 7,316]

Medicaid is for US citizens. If your son is not a US citizen he may not qualify,  But that is why you signed the Affidavit of Support. You are telling the government that you will take care of the person you are bringing to the US. US citizens pay taxes into Medicaid and if people keep putting people on it who never paid into it, it will break the system.

 

However, a very few states extend medicaid to permanent residents under certain conditions. You should investigate if he qualifies. If not, you will have to provide healthcare by other means.

[WeGuyGal 1,052]

  On 12/9/2017 at 2:57 PM, Neednanswer said:

I am a US citizen and brought my son to the united with the I130 and an affidative of support. I wanted to know if it's ok to get him Medicaid, will this affect me in any way. 

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signing the affidavit of support makes you legally liable for him for a certain period of time.

[geowrian 22,338]

Hmm...wouldn't the son be a USC now as well (assuming he was under 18 at the time he came to the US on an immigrant visa)?

https://www.uscis.gov/us-citizenship/citizenship-through-parents

[Italian_in_NYC 259]

Medicaid is a State program, not a Federal one, so doesn't make you liable.

In NY, (legal) immigrants are eligible only after 5 years. All immigrants are eligible for emergency Medicaid.

I suggest you check with your State.

[geowrian 22,338]

To be more specific, Medicaid is a state-run program run with joint state and federal funds. The federal funds cannot be used towards any LPR unless they have had their green card for 5+ years. States can either do their own thing with state funds, or choose not to do so.

[Neednanswer 0]

  On 12/9/2017 at 5:54 PM, WeGuyGal said:

signing the affidavit of support makes you legally liable for him for a certain period of time.

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  On 12/9/2017 at 6:15 PM, geowrian said:

Hmm...wouldn't the son be a USC now as well (assuming he was under 18 at the time he came to the US on an immigrant visa)?

https://www.uscis.gov/us-citizenship/citizenship-through-parents

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The birth of my son came as I surprise after I traveled to another country,. 10 years later I decided to petition him and bring him to the states since his mother had migrated to Connecticut, he was able to reunite with his mother,  whom he resides with now. His mom registered him under a Husty healthcare program which I believe is through the state. I just want to make sure that since I petitioned him and signed an affidative of support he will be fine with this health program or should I try to find him a private healthcare insurance policy. I don't want to risk his green card or my citizenship. Please help

[NigeriaorBust 4,087]

 How long were you a USC before your son was born? 

[jan22 3,075]

  On 12/11/2017 at 3:42 AM, NigeriaorBust said:

 How long were you a USC before your son was born? 

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That doesn't matter any more, since it should have been considered prior to the issuance of the immigrant vusa.

 

Since he entered the US and was admitted as legal resident, he should qualify for acquisition of US citizenship under the Child Citizenship Act. The only issue is whether, at his entry, he was considered to be in the custody of his petitioning US citizen father. I don't think that's really an issue, but it is something to look at. Otherwise, once he is documented as a US citizen, the Affidavit of Support no longer applies.

Edited December 11, 2017 by jan22

[NigeriaorBust 4,087]

  Being a USC would make Medicaid a non issue also.   He just needs to know if it is a USC birth abroad or a child citizen act he is claiming. 

[jan22 3,075]

  On 12/11/2017 at 4:12 PM, NigeriaorBust said:

  Being a USC would make Medicaid a non issue also.   He just needs to know if it is a USC birth abroad or a child citizen act he is claiming. 

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He cannot claim his son was a US citizen born abroad.  That would have had to have been decided at the Embassy before the immigrant visa was issued. An immigrant visa could not be issued to a US citizen. By issuing the visa, the embassy is documenting that, according to the information submitted, the child was not a US citizen at birth.  

 

And, obviously, if the Affidavit of Support no longer applies, Medicaid is no longer an issue, either -- if it even was in the first place..

[geowrian 22,338]

  On 12/11/2017 at 4:12 PM, NigeriaorBust said:

  Being a USC would make Medicaid a non issue also.   He just needs to know if it is a USC birth abroad or a child citizen act he is claiming. 

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The child couldn't have been a USC at birth since they were issued an immigrant (or any) visa. USCs (or those who they believe may be a USC) can't be issued a US visa.

 

Well, mistakes certainly can happen....but I have a feeling that they already checked out that possibility when the USC parent petitioned him.

[NigeriaorBust 4,087]

  Not everyone that is a USC knows the laws of passing on citizenship for a child born overseas , especially in their home country where they and their spouse are citizens. Members of this board are much more aware than the average person.

[jan22 3,075]

  On 12/11/2017 at 5:08 PM, NigeriaorBust said:

  Not everyone that is a USC knows the laws of passing on citizenship for a child born overseas , especially in their home country where they and their spouse are citizens. Members of this board are much more aware than the average person.

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But the Embassy officers are aware.  They would know the father was a US citizen because of the 1-130 information.  They determined the son qualified for an immigrant visa; therefore, they also determined he was not a citizen by birth.  Even if they made a mistake, the family now needs to submit the info needed to document US citizenship under the Child Citizenship Act.