Is medicaid considered government assistance?

[Trutta 103]

My fiance was approved for marriage based AOS. I make enough money to support us both and I'm well above the federal poverty line.

 

Today I went to my government portal to purchase health insurance to see what they might charge for this. After entering all my information they say we are eligible for totally free medicaid based on my income.

 

So I am not poor, not considering poor by the federal guidelines, but I am considered qualified for free medicaid by my state here.

 

Does this count as "government assistance"? Would it mess anything up with my I-864?

[aaron2020 11,651]

Medicaid is a means tested benefit.  Generally. it's prohibited for new immigrants and is on the list for the I-864.  California allows Medi-Cal (Medicaid) because it doesn't use federal money for new immigrants.

What state are you in?  

[Trutta 103]

8 minutes ago, aaron2020 said:

Medicaid is a means tested benefit.  Generally. it's prohibited for new immigrants and is on the list for the I-864.  California allows Medi-Cal (Medicaid) because it doesn't use federal money for new immigrants.

What state are you in?  

Not California.

 

What if I enroll but she doesn't?

 

What if I purchase insurance instead? They automatically give a discount based on my income.

 

Can you give me a link to "the list for the I-864"?

 

Thanks!

[Trutta 103]

What about this?

 

Quote

USCIS is no longer applying the August 2019 Public Charge Final Rule. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

[aaron2020 11,651]

Just now, Trutta said:

What about this?

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

This is the public charge rule for getting a green card.  It doesn't have anything to do with your I-864 obligations.

 

You can get Medicaid.  Your immigrant wife can not.

 

Here's the I-864 info.  https://www.uscis.gov/i-864p

 

Means-Tested Public Benefits

Federal Means-Tested Public Benefits
Federal means-tested public benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP).

State Means-Tested Public Benefits
Each state will determine which, if any, of its public benefits are means-tested. If a state determines it has programs that meet this definition, we encourage them to notify the public on which programs are included. You can also check with the state public assistance office for more information.

Programs Not Included
The following federal and state programs are not included as means-tested benefits:

• Emergency Medicaid;
• Short-term, non-cash emergency relief;
• Services provided under the National School Lunch and Child Nutrition Acts;
• Immunizations and testing and treatment for communicable diseases;
• Student assistance under the Higher Education Act and the Public Health Service Act;
• Certain forms of foster-care or adoption assistance under the Social Security Act;
• Head Start programs;
• Means-tested programs under the Elementary and Secondary Education Act; and
• Job Training Partnership Act programs.

[Trutta 103]

2 minutes ago, aaron2020 said:

This is the public charge rule for getting a green card.  It doesn't have anything to do with your I-864 obligations.

 

You can get Medicaid.  Your immigrant wife can not.

 

Here's the I-864 info.  https://www.uscis.gov/i-864p

 

Means-Tested Public Benefits

Federal Means-Tested Public Benefits
Federal means-tested public benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP).

State Means-Tested Public Benefits
Each state will determine which, if any, of its public benefits are means-tested. If a state determines it has programs that meet this definition, we encourage them to notify the public on which programs are included. You can also check with the state public assistance office for more information.

Programs Not Included
The following federal and state programs are not included as means-tested benefits:

• Emergency Medicaid;
• Short-term, non-cash emergency relief;
• Services provided under the National School Lunch and Child Nutrition Acts;
• Immunizations and testing and treatment for communicable diseases;
• Student assistance under the Higher Education Act and the Public Health Service Act;
• Certain forms of foster-care or adoption assistance under the Social Security Act;
• Head Start programs;
• Means-tested programs under the Elementary and Secondary Education Act; and
• Job Training Partnership Act programs.

So they don't consider it to let her in the country. But once she is in the country, she can't use it?

[aaron2020 11,651]

1 minute ago, Trutta said:

So they don't consider it to let her in the country. But once she is in the country, she can't use it?

If someone was getting Medicaid, it doesn't prevent them from adjusting and getting a green card.

 

However, immigrants can't use means tested benefits for the first 5 years.  If they do, then the I-864 sponsors are potentially liable to reimburse the US Government.  However, the US Government has no means to recover anything at the moment.  Trump was trying to do it.  Biden put a stop to it.  This is a really gray area of the law.  

[Trutta 103]

7 minutes ago, aaron2020 said:

If someone was getting Medicaid, it doesn't prevent them from adjusting and getting a green card.

 

However, immigrants can't use means tested benefits for the first 5 years.  If they do, then the I-864 sponsors are potentially liable to reimburse the US Government.  However, the US Government has no means to recover anything at the moment.  Trump was trying to do it.  Biden put a stop to it.  This is a really gray area of the law.  

Okay thanks.

This is clear as mud. Thanks for trying to explain.

 

So she wouldn't be deported or anything? But I might be expected to pay it back. Does anyone ever really have to do that?

 

The strange thing is at the state marketplace they won't let me pay for insurance that I can see. Once I make my profile with my income all prices automatically drop to $0.

[Boiler 45,525]

In the vast majority of States you have to be a LPR for 5 years before you are eligible for Medicaid, now the Computer system for ACA may not pick that up. But it will come up.

[millefleur 5,046]

2 hours ago, Trutta said:

Okay thanks.

This is clear as mud. Thanks for trying to explain.

 

So she wouldn't be deported or anything? But I might be expected to pay it back. Does anyone ever really have to do that?

 

The strange thing is at the state marketplace they won't let me pay for insurance that I can see. Once I make my profile with my income all prices automatically drop to $0.

With the marketplace, her application will be forwarded to the local state Medicaid authority where it will be rejected due to immigration status. Make one profile for both of you: one household with two members (if you have children then add them too.) It'll automatically decide if Medicaid fits based on your income + household size. If so, the entire application gets forwarded to the local Medicaid people, who will approve you as US citizen but reject the green card holder spouse.

 

Once the GC holder spouse is rejected, you go back to the Marketplace, tell them she's not eligible for Medicaid and then they will let her apply for a Marketplace plan. Yes, it's convoluted and confusing but it does work once you go through all the steps.