Legal Help! I have medicaid

[stny 0]

From what I just read online, I might need legal help!

I came to US on a K-1. I got married to my current wife and applied for medicaid. We adjusted status, I got my conditional GC 6 month later. Then I sent my I-751 but I'm still waiting to hear back. Was it a mistake to apply for medicaid? What should I do know? It's been 2 1/2 years since been in the US, all with medicaid. My wife and child are both us citizens and they both have medicaid too.

 

Thanks

[Unidentified 2,930]

You will be fine. Nothing has been decided yet. Search through the forum and you will find answers. This topic has been discussed many times in the last 48 hours. Threads have been locked and we are asked not to talk about this anymore because it no one has anything to worry about. You cannot be punished retroactively for something you were told was fine. 

[bad4tatt 168]

18 minutes ago, stny said:

From what I just read online, I might need legal help!

I came to US on a K-1. I got married to my current wife and applied for medicaid. We adjusted status, I got my conditional GC 6 month later. Then I sent my I-751 but I'm still waiting to hear back. Was it a mistake to apply for medicaid? What should I do know? It's been 2 1/2 years since been in the US, all with medicaid. My wife and child are both us citizens and they both have medicaid too.

 

Thanks

Actually from what I read on the Government website, immigrants have a 5 year waiting period after getting legal status (gc) before they can get Medicaid, so the fact you even got it surprises me unless I am missing something with your original post?

 

[stny 0]

bad4tatt, you are right. I'm not sure how I got medicaid. Just got it. Never knew that could be an issue. Now what should I do?

[tomigaoka 8]

2 hours ago, stny said:

From what I just read online, I might need legal help!

I came to US on a K-1. I got married to my current wife and applied for medicaid. We adjusted status, I got my conditional GC 6 month later. Then I sent my I-751 but I'm still waiting to hear back. Was it a mistake to apply for medicaid? What should I do know? It's been 2 1/2 years since been in the US, all with medicaid. My wife and child are both us citizens and they both have medicaid too.

 

Thanks

i agree you will be fine and everything will be okay. Dont stress yourself too much. Everything you read here are just opinion based so there's nothing to be scared of.

 

[poolemit 25]

2 hours ago, bad4tatt said:

Actually from what I read on the Government website, immigrants have a 5 year waiting period after getting legal status (gc) before they can get Medicaid, so the fact you even got it surprises me unless I am missing something with your original post?

 

it's a state program so some states (NY one of them) have no such restriction on immigrants.

[Ketsuban 1,034]

Look up your state laws (some allow immigrants to use Medicaid right away) and also make sure you're not confusing ACA subsidies with Medicaid. Subsidies are always okay for immigrants.

[Ash.1101 1,755]

8 hours ago, bad4tatt said:

Actually from what I read on the Government website, immigrants have a 5 year waiting period after getting legal status (gc) before they can get Medicaid, so the fact you even got it surprises me unless I am missing something with your original post?

 

I'm not surprised.

When I was on it a few years back, they never even asked for anything of me. I just filled out the form online, they called me and asked some questions and I submitted one or two things of financial proof and that was it.

It wasn't until the renewal that they realized they didn't even have a copy of my drivers license or anything verifying that I was who I said I was.

But as others said, it depends on your state. Check your state laws.

Edited August 9, 2018 by Ash.1101

[RickyP 1]

https://www.nytimes.com/2018/09/22/us/politics/immigrants-green-card-public-aid.html

 

Will this effect anyone who has taken Medicaid benefit? My wife had Medicaid for first 4-5 months then changed to regular health insurance. 

[jb914 33]

On 8/9/2018 at 6:10 PM, Ketsuban said:

Look up your state laws (some allow immigrants to use Medicaid right away) and also make sure you're not confusing ACA subsidies with Medicaid. Subsidies are always okay for immigrants.

ACA subsidies were okay, under the previous Democratic administration which created the ACA.

 

Going forward, the Republicans are saying that Earned Income Tax Credit, ACA subsidies, SNAP, WIC, etc, even if used by US Citizen family members and not the immigrant, all indicate public charge and are a "heavy weight" against immigration approvals.

 

Meanwhile you can make > 250% of poverty and still qualify for ACA subsidies and some portion of EITC. These are programs meant to help the middle class, not just the poor.

 

The proposal states that “an alien is at high risk of becoming a public charge if he or she has a medical condition and is unable to show evidence of unsubsidized health insurance.”

 

https://www.nytimes.com/2018/09/22/us/politics/immigrants-green-card-public-aid.html

 

Trump administration officials announced Saturday that immigrants who legally use public benefits like food assistance and Section 8 housing vouchers could be denied green cards under new rules aimed at keeping out people the administration deems a drain on the country.

 

One big question is whether this standard will be applied to Green card renewals or I-751 ROC, and to naturalization, or only to new first-time AOS applications.

 

Pisses me off. So If I a United States Citizen marry a foreigner and at some point we are in between jobs and need subsidized health care or SNAP benefits for our child, or if we qualify for EITC one year, then she is at risk of losing status. Forces US Citizens to chose between food for their children or risking one of the parents not being able to stay in the country.

 

Really heartless, and clearly meant primarily to drive anti-immigrant, nationalist voters to the polls.

Edited September 23, 2018 by jb914

[Ketsuban 1,034]

11 hours ago, jb914 said:

ACA subsidies were okay, under the previous Democratic administration which created the ACA.

 

Going forward, the Republicans are saying that Earned Income Tax Credit, ACA subsidies, SNAP, WIC, etc, even if used by US Citizen family members and not the immigrant, all indicate public charge and are a "heavy weight" against immigration approvals.

 

Meanwhile you can make > 250% of poverty and still qualify for ACA subsidies and some portion of EITC. These are programs meant to help the middle class, not just the poor.

 

The proposal states that “an alien is at high risk of becoming a public charge if he or she has a medical condition and is unable to show evidence of unsubsidized health insurance.”

 

https://www.nytimes.com/2018/09/22/us/politics/immigrants-green-card-public-aid.html

 

Trump administration officials announced Saturday that immigrants who legally use public benefits like food assistance and Section 8 housing vouchers could be denied green cards under new rules aimed at keeping out people the administration deems a drain on the country.

 

One big question is whether this standard will be applied to Green card renewals or I-751 ROC, and to naturalization, or only to new first-time AOS applications.

 

Pisses me off. So If I a United States Citizen marry a foreigner and at some point we are in between jobs and need subsidized health care or SNAP benefits for our child, or if we qualify for EITC one year, then she is at risk of losing status. Forces US Citizens to chose between food for their children or risking one of the parents not being able to stay in the country.

 

Really heartless, and clearly meant primarily to drive anti-immigrant, nationalist voters to the polls.

I get the part about people intending to get a green card being denied for being a public charge (that's the point of the I-864 after all) but I don't see the part in the article where it says if their US citizen spouse/sponsor/relative uses it then they can't get a green card. They also only speculated about existing immigrants, as you said. I don't think they're going to be removing green cards from people or making them stateless any time soon.

 

Don't get me wrong, I'm not a Trump fan. I just think this is something that is already done and won't be affecting us. I honestly didn't even know that people without permanent residency or citizenship could participate in Section 8 or Medicare so at least I learned something new today.

[jb914 33]

8 hours ago, Ketsuban said:

I don't see the part in the article where it says if their US citizen spouse/sponsor/relative uses it then they can't get a green card. They also only speculated about existing immigrants, as you said. I don't think they're going to be removing green cards from people or making them stateless any time soon.

 

Don't get me wrong, I'm not a Trump fan. I just think this is something that is already done and won't be affecting us. I honestly didn't even know that people without permanent residency or citizenship could participate in Section 8 or Medicare so at least I learned something new today.

You can see the entire DHS posted rule change here, all 447 pages of it.

 

Yes I read the first 250 pages and skimmed the rest, there is no mention of I-751 or N-400, so it appears to apply only where current public charge determinations apply.

 

ACA subsidies are *not* mentioned in this proposed rule change, but Medicaid is, and many states administer medicaid through their ACA portal, so people may be Medicaid recipients without knowing it. Also, they may include CHIP (Childrens Health Insurance Program), they are requesting comments from the public on this.

 

It seems that benefits now considered to be part of the public charge determination which were not before, will be considered as heavily weighted negative factors when received *after* the date of the proposed rule change, so it at least appears that they will not be punishing people retroactively, although any benefits used will be taken under consideration. So, ask your lawyer, although for a while I'm sure many of them will be confused as well.

 

Here are some excerpts from the rule change that I noted as most important: http://www.visajourney.com/forums/topic/685043-dhs-proposed-public-charge-rule-change-some-highlights/

 

 

Edited September 23, 2018 by jb914