Medi-Cal during AOS

[pingan 0]

Hello,

 

We are planning on filing AOS, EAD, AP together.  My fiancé will be working once he receives his EAD.  If he were to receive Medi-Cal during the 6.5 to 8 months of waiting period for his EAD, would it affect his AOS?  I'm currently finishing up my last year of college and won't be working.  We have a good amount of savings in the bank, and we are able to get a co-sponsor who will meet the income requirement if needed.

 

It seems as long as it is less than 12 months, he wouldn't be considered a public charge?

https://www.medicaid.gov/federal-policy-guidance/downloads/sho19004.pdf

 

Edited December 19, 2020 by pingan

[aaron2020 11,651]

Federally funded Medicaid will be considered when it comes to being a public charge.

Check with USCIS about being a public charge.  Do not rely on a Medicaid website since it's unlikely to address all immigration circumstances.

https://www.uscis.gov/news/public-charge-fact-sheet

Edited December 19, 2020 by aaron2020

[aaron2020 11,651]

Federally funded Medicaid will be considered when it comes to being a public charge.

Get the information from USCIS addressing pubic charge and Medicaid.  Medicaid will not address immigration issues under all circumstances.  

https://www.uscis.gov/news/public-charge-fact-sheet

Edited December 19, 2020 by aaron2020

[pingan 0]

8 minutes ago, aaron2020 said:

Federally funded Medicaid will be considered when it comes to being a public charge.

Check with USCIS about being a public charge.  Do not rely on a Medicaid website since it's unlikely to address all immigration circumstances.

https://www.uscis.gov/news/public-charge-fact-sheet

"The final rule defines public charge as an alien who receives one or more public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months)."

 

Thanks for the reply, this quote is the same on both websites. 

Edited December 19, 2020 by pingan

[aaron2020 11,651]

You've quoted the second sentence of that paragraph. You left out the first sentence.

Here is the complete paragraph.

 

An alien who is likely at any time to become a public charge is generally inadmissible to the United States and ineligible to become a lawful permanent resident. Under the final rule, a public charge is defined as an alien who has received one or more public benefits, as defined in the rule, for more than 12 months within any 36-month period.   

[pingan 0]

24 minutes ago, aaron2020 said:

You've quoted the second sentence of that paragraph. You left out the first sentence.

Here is the complete paragraph.

 

An alien who is likely at any time to become a public charge is generally inadmissible to the United States and ineligible to become a lawful permanent resident. Under the final rule, a public charge is defined as an alien who has received one or more public benefits, as defined in the rule, for more than 12 months within any 36-month period.   

I still don't see how that changes the interpretation, as public charge is defined as receiving benefit for more than 12 months within any 36-month period.  His estimated EAD wait period + job offer would be less than 12 months.

[HRQX 4,145]

3 hours ago, pingan said:

would it affect his AOS?

Not an issue: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

However, a state medical insurance program, funded exclusively by the state, is not included in the definition of public benefit and is not considered as a public benefit in the public charge inadmissibility determination.

For example, some Medi-Cal services are provided to aliens under a state-only authority at no expense to the federal government.

If Medi-Cal is provided to the alien under a state-only authority at no expense to the federal government, it is not considered in the public charge inadmissibility determination.

To the extent that states give the same name to their Federal Medicaid program and the state-only funded health insurance program, aliens are not required to report the receipt of the state-only funded health insurance.

 

 

Also see: https://www.dhcs.ca.gov/services/medi-cal/eligibility/Pages/Medi-CalFAQs2014b.aspx

[JeanneAdil 6,410]

The above post was true in 2014  as of Feb 24, 2020 this changed

it was suspended for a time during this covid crisis but now the public charge rule is again in effect

 

https://www.sfhsa.org/services/immigrants-benefits/changes-public-charge

 

https://www.ncsl.org/research/immigration/immigration-and-public-charge-dhs-proposes-new-definition.aspx#:~:text=The%20federal%20rule%20on%20public,the%20rule%20to%20apply%20nationwide.&text=On%20August%204%2C%20USCIS%20announced,the%20injunction%20is%20in%20effect.

[HRQX 4,145]

1 hour ago, JeanneAdil said:

The above post was true in 2014

No. It's still accurate. The first link is counting the updated public charge rule as implemented. The second link is supported by more recent link: https://www.ilrc.org/medi-cal-california-addressing-community-concerns-about-public-charge "state-funded Medi-Cal does not cause a public charge problem."

Edited December 19, 2020 by HRQX

[pingan 0]

53 minutes ago, HRQX said:

No. It's still accurate. The first link is counting the updated public charge rule as implemented. The second link is supported by more recent link: https://www.ilrc.org/medi-cal-california-addressing-community-concerns-about-public-charge "state-funded Medi-Cal does not cause a public charge problem."

Thank you for the links. 

Edited December 19, 2020 by pingan

[HRQX 4,145]

https://www.ilrc.org/sites/default/files/resources/medical_in_california_ilrc_nov_2020.pdf

3. I can’t remember what PRUCOL category I selected on the MC 13 when I applied for Medi-Cal. How do I know whether I’m receiving federally-funded Medi-Cal or state-funded Medi-Cal?

Your immigration status ultimately determines whether you’re eligible for federally-funded Medi-Cal or statefunded Medi-Cal. If you know what immigration status you have, you should be able to figure out what form of Medi-Cal you are receiving. This is because the PRUCOL eligibility category you select on the MC 13 reflects your current immigration status.

Here is a list of the immigration statuses for which the State of California could be using federal government funds to cover your Medi-Cal:

• Lawful permanent residents (“LPRs,” i.e., people with “green cards”) who have been LPRs for five years or more
• Refugees, people granted asylum or withholding of deportation/removal, and conditional entrants
• People granted parole by the U.S. Department of Homeland Security (DHS) for at least one year
• Cuban and Haitian entrants
• Certain abused immigrants, their children, and/or their parents
• Certain trafficking survivors

If your immigration status is listed above, the State of California is probably using federal funding to pay for your Medi-Cal, which counts in the public charge test, but only if you are subject to public charge. Many immigration statuses and applications do not have a public charge test!

If your immigration status is not listed above, the State of California is required to use California state funds to pay for your Medi-Cal. This state-funded Medi-Cal does not count in the public charge test.