Medi-Cal question!!

[Cjamie78 0]

So we are in our final stages (waiver approved now waiting for interview date) our lawyer just informed us today that cases are being denied for families who receive government assistance! My children and I (not my husband) are on Medi-Cal insurance through the state of California! My lawyer advised us to cancel our medi cal and purchase private insurance! Is this something that is in affect already? Do I cancel? I’m terrified that my husbands case will be denied! I talked to our county office and they have no knowledge of this yet and someone was going to get back to me! Anyone have any experience?

[SalishSea 18,072]

5 minutes ago, Cjamie78 said:

So we are in our final stages (waiver approved now waiting for interview date) our lawyer just informed us today that cases are being denied for families who receive government assistance! My children and I (not my husband) are on Medi-Cal insurance through the state of California! My lawyer advised us to cancel our medi cal and purchase private insurance! Is this something that is in affect already? Do I cancel? I’m terrified that my husbands case will be denied! I talked to our county office and they have no knowledge of this yet and someone was going to get back to me! Anyone have any experience?

Are you and your children all US citizens?  If so, I don't see on what grounds they could deny your husband's visa.

[Cjamie78 0]

3 minutes ago, Jorgedig said:

Are you and your children all US citizens?  If so, I don't see on what grounds they could deny your husband's visa.

Yes we are! Thank you! 

[aaron2020 11,651]

Your lawyer is an idiot.

 

Switching from Medi-Cal to private insurance is not going to change the public charge determination.  It will cost you money that you can't afford to give away.

 

Do you have a Joint Sponsor?  Is there a reason that your husband can't work when he gets to the US?

 

The county Medi-Cal office is not competent at giving legal advice about immigration.  That's not their job.  They are not the source for answers in this case.  

 

 

Edited September 5, 2019 by aaron2020

[Paduppa 0]

Wonder if what your lawyer said about denied cases could be the result of the updated FAM (Jan. 4, 2018) implementation?
https://fam.state.gov/fam/09fam/09fam030208.html

 

Receipt of Means-Tested Benefits by the Sponsor:

(i)     (U) The sponsor's past or current receipt of means-tested benefits is a factor in support of a finding of inadmissibility for the applicant under INA 212(a)(4), insofar as it affects the applicant’s resources and financial status, including  the sponsor’s ability to support the applicant.   

(ii)    (U) If the sponsor or any member of his or her household has received public means-tested benefits within the past three years, you must review fully the sponsor's current ability to provide the requisite level of support, taking into consideration the kind of assistance provided and the dates received.

(iii)    (U) You must review carefully Form I-864 or Form I-134 and all attachments submitted with Form I-134, as well as evidence of the sponsor's current financial circumstances, in such cases.

 

Edited September 6, 2019 by Paduppa