Medical insurance during AOS from B2 for a parent

[BDD 8]

The phone reps were no help at all. They have no knowledge about how to help immigrants. They internally worked together and could only tell me that we can only apply if there is a GC or Visa number (well, we have  B2 visa number)... THEN they told me that the AOS is NOT a special enrollment event. To just get off the phone with them, we agreed it's a "grey area" but it's actually written in black and white. I may try to blaze a new trail and apply with only having the I-130 and see what happens. By the new year, we should have a NOA for 485 as it will go out in the mail probably tomorrow.

[ProbeGT 47]

8 hours ago, neo_ny said:

This is interesting, please update once you've had a chance to discuss!

 

@ProbeGT

 

So when you put in a $0 income (or any income <100% FPL), the online quote showed you no subsidy but when you actually went through the process you eventually ended up with a subsidy?

The online "check" tools (from the ACA and other websites) always say "go to medicaid" when you enter anything less than 125% FPL.

 

Once you go through the applications (note the details on my post), answering "No" for "were you denied medicaid" and "yes" for "were you found ineligible for medicaid" (these answers are critical), you will then get a subsidy based on the income level that was entered in the form.

[ProbeGT 47]

Most "check your subsidy" tools are based on typical cases where one would get medicaid if under 125% FPL.  The tools do not compute the subsidy for an immigrant who is under 125% FPL (or even under 100%) but can't get medicaid.  The "check you subsidy" type pages simply assume someone with that low income would be on medicaid, based on income itself; it is not sophisticated enough to check immigration status. 

 

The official application, however, is sophisticated enough to calculate the subsidy based on "no I have not been denied" and "yes I am ineligible for medicaid"

[neo_ny 22]

11 hours ago, ProbeGT said:

The online "check" tools (from the ACA and other websites) always say "go to medicaid" when you enter anything less than 125% FPL.

 

Once you go through the applications (note the details on my post), answering "No" for "were you denied medicaid" and "yes" for "were you found ineligible for medicaid" (these answers are critical), you will then get a subsidy based on the income level that was entered in the form.

That makes a lot of sense, thanks for sharing!  I read your post on the other thread and it seems like the person you helped with ACA had a I-551 stamp?  I know you mentioned NOA1 seems sufficient to get coverage and I agree that it would fall under "waiting to adjust to LPR status" bucket so it should qualify as one of the accepted statuses as per the language in the ACA.  I remember trying to play around on the healthcare.gov website but seemed to reach a dead end when the "system" tried to verify the identity, and that's not straight forward anymore since there is no SSN/history yet.  I had another related question for you - did you have any plan choice that would provide in-network coverage throughout the country?  From my cursory review it seemed like the plans that showed up were state specific? My sister lives in a different state and I was wondering if I could sign my mom up for a plan that would work in both states?

[BDD 8]

6 hours ago, neo_ny said:

That makes a lot of sense, thanks for sharing!  I read your post on the other thread and it seems like the person you helped with ACA had a I-551 stamp?  I know you mentioned NOA1 seems sufficient to get coverage and I agree that it would fall under "waiting to adjust to LPR status" bucket so it should qualify as one of the accepted statuses as per the language in the ACA.  I remember trying to play around on the healthcare.gov website but seemed to reach a dead end when the "system" tried to verify the identity, and that's not straight forward anymore since there is no SSN/history yet.  I had another related question for you - did you have any plan choice that would provide in-network coverage throughout the country?  From my cursory review it seemed like the plans that showed up were state specific? My sister lives in a different state and I was wondering if I could sign my mom up for a plan that would work in both states?

My mother in law does not have a SSN or likely any history in the US so we submitted her foreign Passport and B2 visa to verify identity and it went through in a few days.

Edited December 10, 2020 by BDD

[ProbeGT 47]

1 hour ago, BDD said:

My mother in law does not have a SSN or likely any history in the US so we submitted her foreign Passport and B2 visa to verify identity and it went through in a few days.

Same for the person I was helping.  No SSN at the time, so registration is done with name/address/phone number. 

 

  

7 hours ago, neo_ny said:

That makes a lot of sense, thanks for sharing!  I read your post on the other thread and it seems like the person you helped with ACA had a I-551 stamp?  I know you mentioned NOA1 seems sufficient to get coverage and I agree that it would fall under "waiting to adjust to LPR status" bucket so it should qualify as one of the accepted statuses as per the language in the ACA.  I remember trying to play around on the healthcare.gov website but seemed to reach a dead end when the "system" tried to verify the identity, and that's not straight forward anymore since there is no SSN/history yet.  I had another related question for you - did you have any plan choice that would provide in-network coverage throughout the country?  From my cursory review it seemed like the plans that showed up were state specific? My sister lives in a different state and I was wondering if I could sign my mom up for a plan that would work in both states?

They did have an I-551 stamp.  Looking back at your first post, it looks like you only have the NOA1 for the I-130, not the I-485. 

 

Most people doing AOS file the I-130, I-485, EAD, and AP concurrently, but this technically isn't required.  If you haven't already, you should probably also file for an EAD and AP, as these are additional proofs of status.  I suspect you will have to file for those along with I-485 now, but other threads may have addressed this  (EAD/AP when I-130 was not filed concurrent with I-485)

Edited December 10, 2020 by ProbeGT
details

[ProbeGT 47]

Do you know if you can file I-485 now?  Most people do this concurrent with I-130 when doing AOS, so I am not sure if you can do it now, or if you have to wait for the I-130 to be approved first.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485

 

You may want to ask this on the forum as well

[ProbeGT 47]

On 12/9/2020 at 1:53 PM, BDD said:

 I may try to blaze a new trail and apply with only having the I-130 and see what happens. By the new year, we should have a NOA for 485 as it will go out in the mail probably tomorrow.

This would be very interesting to see (using the I-130 NOA1 only).  If you have the NOA for 485, that would definitely be more clear-cut. 

[HRQX 4,145]

3 hours ago, ProbeGT said:

Do you know if you can file I-485 now?

They can file I-485 now since parent of US citizen is an Immediate Relative category: https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf "Immediate relatives do not have to wait until Form I-130 is approved to file Form I-485. You may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved."

On 12/9/2020 at 11:53 AM, BDD said:

I may try to blaze a new trail and apply with only having the I-130 and see what happens.

Federal law is explicitly clear; see 45 CFR § 152.2. In your case, the enrollee must "have a pending application for adjustment of status." I-130 notices don't prove that there is a pending I-485.

[BDD 8]

32 minutes ago, HRQX said:

Federal law is explicitly clear; see 45 CFR § 152.2. In your case, the enrollee must "have a pending application for adjustment of status." I-130 notices don't prove that there is a pending I-485.

You're right. We didn't file for an EAD since my mother in law is retired, but looks like that would have made her eligible for ACA as well.

 

Actually what it says in there is (vii) Aliens whose visa petitions have been approved and who have a pending application for adjustment of status.

 

So in the case of someone who is adjusting from a B2 visa, is there ever a "visa petition" like there is when the immediate relative of the I-130 is outside of the US and needs a visa to enter?

 

One way to interpret that makes it seem like the I-130 has to be approved first perhaps regardless of where the beneficiary is, but on the other hand it's almost like it wasn't written to address I-130 and AOS for those already in the US.

 

[HRQX 4,145]

21 minutes ago, BDD said:

(vii) Aliens whose visa petitions have been approved

This part of the sentence is not relevant in reality for Immediate Relative cases. See @ProbeGT's case to confirm this.

23 minutes ago, BDD said:

but on the other hand it's almost like it wasn't written to address I-130 and AOS for those already in the US.

On the contrary. The whole section is about people "Lawfully present" in the US. Also, those abroad can't file I-485 (application to adjust status).

 

Fact is pending I-485 is required in your parent case.

[BDD 8]

2 minutes ago, HRQX said:

This part of the sentence is not relevant in reality for Immediate Relative cases. See @ProbeGT's case to confirm this.

On the contrary. The whole section is about people "Lawfully present" in the US. Also, those abroad can't file I-485 (application to adjust status).

 

Fact is pending I-485 is required in your parent case.

I think I understand better now thanks to your help. I really appreciate all you guys. I'll sleep better tonight!

 

We mailed the I-485 out today so the ACA marketplace's open enrollment is going to close on the 15th before we'll get a NOA. Does anyone know the official text that states an NOA for 485 makes a person eligible for special enrollment?

[neo_ny 22]

13 hours ago, ProbeGT said:

Same for the person I was helping.  No SSN at the time, so registration is done with name/address/phone number. 

 

  

They did have an I-551 stamp.  Looking back at your first post, it looks like you only have the NOA1 for the I-130, not the I-485. 

 

Most people doing AOS file the I-130, I-485, EAD, and AP concurrently, but this technically isn't required.  If you haven't already, you should probably also file for an EAD and AP, as these are additional proofs of status.  I suspect you will have to file for those along with I-485 now, but other threads may have addressed this  (EAD/AP when I-130 was not filed concurrent with I-485)

I am not the OP but am in a similar situation so was chiming into the discussion.  We concurrently filed I-130,I-485, I-765 and I-131 just before thanksgiving, still waiting on NOA's.  Would you mind commenting on the plan choices you were offered when signing up if any of them provide in-network coverage throughout the country?  From my cursory review it seemed like the plans that showed up were state specific with no coverage outside that particular state?  Thanks!

Edited December 11, 2020 by neo_ny

[ProbeGT 47]

3 hours ago, neo_ny said:

I am not the OP but am in a similar situation so was chiming into the discussion.  We concurrently filed I-130,I-485, I-765 and I-131 just before thanksgiving, still waiting on NOA's.  Would you mind commenting on the plan choices you were offered when signing up if any of them provide in-network coverage throughout the country?  From my cursory review it seemed like the plans that showed up were state specific with no coverage outside that particular state?  Thanks!

You will have to look at each plan's documents and see what it covers in different states.  You are correct that most are very state specific, but some do provide coverage in other states. 

[ProbeGT 47]

12 hours ago, BDD said:

I think I understand better now thanks to your help. I really appreciate all you guys. I'll sleep better tonight!

 

We mailed the I-485 out today so the ACA marketplace's open enrollment is going to close on the 15th before we'll get a NOA. Does anyone know the official text that states an NOA for 485 makes a person eligible for special enrollment?

Gaining permanent residency is technically a life event.  The link below does not mention this, but this is one of the questions that comes up on the ACA website under "do you qualify for a special enrollment period".  The person I was helping enrolled in the Spring, well after the ACA enrollment period ended.

 

Other qualifying events:

https://www.healthcare.gov/coverage-outside-open-enrollment/special-enrollment-period/

 

Among these, arguably the easiest one to qualify for is moving to another zip code.