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PolarPear

USCIS Public Charge

By PolarPear in Moving to the US and Your New Life In America

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PolarPear Explorer

PolarPear   8

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Guys, 

 

There are new rules about using government benefits and how it may effect your greencard application. See at https://www.uscis.gov/greencard/public-charge

 

Currently, I am not a citizen but when I become a citizen, I will be applying for my parents who are out of status. My parents apply for a gold card, which is a benefit for residents who live in the Harris County, which is within Texas. I was wondering, does anyone know if this counts as a public charge? Read about gold card here: https://www.harrishealth.org/access-care/patient-eligibility The gold card seems to be state/county funded and not federal. 

 

It's basically helping you out with Medical Appointments. It makes doctor appointments cheaper for you and you have to qualify for it, as in you can't be making too much money. This is allowed for people that are undocuments/out of status, so this is the only reason my parents apply. 

 

I asked an immigration attorney, he mentioned that these rules are very new and from the writing, it doesn't show gold card as a thing that will effect their green card application but he did mention anything can happen. I'm so confused. Should I tell my parents to not apply for it anymore? 

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millefleur Veteran

millefleur   5,046

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
11 minutes ago, PolarPear said:

Currently, I am not a citizen but when I become a citizen, I will be applying for my parents who are out of status. My parents apply for a gold card, which is a benefit for residents who live in the Harris County, which is within Texas. I was wondering, does anyone know if this counts as a public charge? Read about gold card here: https://www.harrishealth.org/access-care/patient-eligibility The gold card seems to be state/county funded and not federal. 

What visa did they enter the US on?

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

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Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview ⌛

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

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07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

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16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

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13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

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12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

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Ontarkie Grand Master

Ontarkie   14,223

Posted
Filed: Citizen (apr) Country: Canada
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~~MOved to Moving Here and YOur New Life, from ROC - the OP is looking about insurance and public charge.~~

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Engaged 9-15-2006
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Married 06-21-08
AOS X5
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Filed 10-17-10
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Biometrics 04/15/14

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
29 minutes ago, PolarPear said:

Does that really matter? Its been over 20 years.

It certainly can impact their ability to AOS as a whole.

 

The gold card doesn't sound like a public charge issue to me. But I am not intricately familiar with the program as it is not a federal program.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, PolarPear said:

They came on  B1/B2 Visa if I remember correctly. 

OK, so assuming no inadmissabilities, they can AOS as the IR of a USC.

Had the answer been "none" or a "K" visa or such, the answer would be very different.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, PolarPear said:

How do I find there are "inadmissabilities"? Thank you

That's a very broad question.

The main ones in the IR-5 category tend to be the public charge inadmissibility (namely healthcare + insurance costs), misrepresentation, a medical inadmissibility, and criminal inadmissibilities (probably not too common in this category but worth noting). This is not an extensive list by any means.

If interested, here's a list: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXX.pdf

 

For the public charge one specifically, here's a worksheet from USCIS to help guide you: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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