Important question

[Alees 5]

I am waiting for my interview my case has been completed.. priority date 27th janaury 2017.. can anyone guess when I can expect my interview in April or May? One more question i have visited USA twice and deliver my baby there my husband took emergency chip for delivering does this effect my immigration as Trump implementing new laws, did they make an issue about it at the interview i have all documentations like visa extension approval,doctors letter some bills paid by my husband.. please give advice with experiences.. I am worried

[Boiler 46,109]

If you are saying you used Government funds to cover your delivery costs, then yes you can expect it to be an issue.

[aaron2020 11,651]

Trump has not changed the laws on being a potential public charge.

 

If you used government money to pay for your medical expenses in the US, then you are more likely to face issues with being a public charge and be denied an immigration visa.

[Nitas_man 3,100]

7 hours ago, Alees said:

I am waiting for my interview my case has been completed.. priority date 27th janaury 2017.. can anyone guess when I can expect my interview in April or May? One more question i have visited USA twice and deliver my baby there my husband took emergency chip for delivering does this effect my immigration as Trump implementing new laws, did they make an issue about it at the interview i have all documentations like visa extension approval,doctors letter some bills paid by my husband.. please give advice with experiences.. I am worried

The rule about public charge pre-dates Trump.  Yes, this could be an issue.

[Alees 5]

18 hours ago, aaron2020 said:

Trump has not changed the laws on being a potential public charge.

 

If you used government money to pay for your medical expenses in the US, then you are more likely to face issues with being a public charge and be denied an immigration visa.

Why they will deny?the funds on my husband's name he took it for me and he is still live in America paying tax there doing a reputable job.. I have all documentations.. do u really think there is a chance of denied?

[Ahmed&Freda 628]

1 hour ago, Alees said:

Why they will deny?the funds on my husband's name he took it for me and he is still live in America paying tax there doing a reputable job.. I have all documentations.. do u really think there is a chance of denied?

It's perfectly legal to come to the U.S. and have a baby however you MUST pay for it from your own funds.    Woman are turned away at the border all the time due to not being able to prove they can afford the delivery.   IF you gave birth in the U.S. and did NOT pay for it yourself it could pose an issue for you.

[aaron2020 11,651]

4 hours ago, Alees said:

Why they will deny?the funds on my husband's name he took it for me and he is still live in America paying tax there doing a reputable job.. I have all documentations.. do u really think there is a chance of denied?

You do not live in America.  If you used US government funds, then you can be deemed a public charge and be denied an immigration visa.  Your husband living in America and paying taxes here does not mean that you, a foreigner, can use US government funds.  

 

Did you use US government funds?

Edited December 26, 2018 by aaron2020

[databit 328]

Your husband should pay the bill 100% first. 

[Alees 5]

You are right. But if you look on their official website it is clearly mention there.. that if u took any benefit in long term that it will be public charge and they have major 9 or 11 category of government programs.. if u used one of them that it will be an issue. And I didn't used any of them it was emergency kind of thing which mostly paid by my husband and I have receipt too.. But thanks for your input 

[Alees 5]

On 12/26/2018 at 7:09 PM, aaron2020 said:

You do not live in America.  If you used US government funds, then you can be deemed a public charge and be denied an immigration visa.  Your husband living in America and paying taxes here does not mean that you, a foreigner, can use US government funds.  

 

Did you use US government funds?

 

[geowrian 22,338]

3 minutes ago, Alees said:

You are right. But if you look on their official website it is clearly mention there.. that if u took any benefit in long term that it will be public charge and they have major 9 or 11 category of government programs.. if u used one of them that it will be an issue. And I didn't used any of them it was emergency kind of thing which mostly paid by my husband and I have receipt too.. But thanks for your input  

I think you're confusing what is considered a means-tested benefit vs the public charge concern that the CO will determine. The CO looks at a totality of the circumstances to determine if there is a public charge issue. Having used any public funds in the past will weigh on their decision.

 

Emergency Medicaid is available for non-citizens. Care for the child is not an issue as they are a USC. But prenatal care and care for the birth may or may not have used public funds, depending on the specifics. If any at all were used (let go of the "mostly paid" mentality...it's either having used any or not), that can be an issue.

[aaron2020 11,651]

40 minutes ago, Alees said:

You are right. But if you look on their official website it is clearly mention there.. that if u took any benefit in long term that it will be public charge and they have major 9 or 11 category of government programs.. if u used one of them that it will be an issue. And I didn't used any of them it was emergency kind of thing which mostly paid by my husband and I have receipt too.. But thanks for your input 

Don't confuse the likely to be a public charge issue which is determined in issuing a visa vs. using means tested benefits after immigrating.  Different issues.

Most paid by your husband.  Who paid the rest?  

[SusieQQQ 11,587]

3 hours ago, Alees said:

You are right. But if you look on their official website it is clearly mention there.. that if u took any benefit in long term that it will be public charge and they have major 9 or 11 category of government programs.. if u used one of them that it will be an issue. And I didn't used any of them it was emergency kind of thing which mostly paid by my husband and I have receipt too.. But thanks for your input 

Curious about the “emergency kind of thing”. Was your baby born unexpectedly early and/or with complications ? How pregnant were you when you arrived in the US and how long after entry was your return ticket booked for?

[Alees 5]

4 hours ago, SusieQQQ said:

Curious about the “emergency kind of thing”. Was your baby born unexpectedly early and/or with complications ? How pregnant were you when you arrived in the US and how long after entry was your return ticket booked for?

I was not pregnant when I went there than I conceive which is not in our plans it was unplanned baby, But I had return ticket. After conceiving we went to appoint dr. After 2 3 visit my Dr said it's an high risk pregnancy i have gestational diabetes.. due to which I have some complications so my Dr said u cnt travel as I have return ticket i told her. She said I cant travel in 22 hours flight.. so she wrote a letter that I cnt travel.. I have that Dr letters.. than we applied for extension and it got approved..we send new return ticket with extension letter and they approved it and they give me exact date of my return ticket.. so I return back now I am waiting for exact 2 years for my visa with my baby who is US citizen... 

[Unlockable 7,315]

1 hour ago, Alees said:

I was not pregnant when I went there than I conceive which is not in our plans it was unplanned baby, But I had return ticket. After conceiving we went to appoint dr. After 2 3 visit my Dr said it's an high risk pregnancy i have gestational diabetes.. due to which I have some complications so my Dr said u cnt travel as I have return ticket i told her. She said I cant travel in 22 hours flight.. so she wrote a letter that I cnt travel.. I have that Dr letters.. than we applied for extension and it got approved..we send new return ticket with extension letter and they approved it and they give me exact date of my return ticket.. so I return back now I am waiting for exact 2 years for my visa with my baby who is US citizen... 

Thank you for clarifying more of your situation. It seems that the high risk pregnancy caught you and your husband of guard financially. By your explanation, you never overstayed your visa nor planned to travel to the US just for the child's birth. 

 

It is possible to overcome this but a lot will weigh on the evidence you provide that will show that you will not be a public charge. What is the financial situation of you husband now? Is he capable to provide for you and your child if you immigrate here? Does he have a stable job? Does he have insurance and, if so, can he add you on to it to prevent using government benefits again? Is your husband working to repay the hospital bill?

 

These are the important question you should be asking yourself. This way you can tell the story to the CO that, despite what happened in the past, you will not be a risk if you immigrate.

 

However, if you and your husband are in a situation where you can't prove that you are financial capable, then you will have a tough time with your case.