Accidental Medicaid on J-1, a question about I-485

[Ruby_k8 0]

Hello,

 

Several years ago, I was on J-1 visa and unknowingly received a Medicaid Card in New York (they didn't explain what they were giving to me and didn't request eligibility). This card likely covered <$1000 medical expenses (no institutionalization, just doctor appointments/lab works/prescribed medicine). When covid started, I left the country, and I am unaware of a status of this card now. I also had the requested medical insurance that I bought myself from my home country that my J-1 requested. I've found two relevant fields in I-485, Part 8 (I'm transitioning through NIW) which I would like to ask about:

- question 61 about being a public charge. If I understand correctly, Medicaid itself is not considered a public charge unless institutionalization is involved, so should answer "No"?

- question 17 "have you ever violated terms and conditions of your non-immigrant status". I suspect (but not 100% sure) I wasn't eligible for that Medicaid. Should I answer "Yes", and if so, is it considered a serious violation that might prevent I-485 approval? How should I proceed?

I would be happy to appeal the decision to issue me that Medicaid card and pay all those expenses out-of-pocket, but I am concerned about my current stay on a new visa.

 

I would appreciate your feedback,

Thank you!

[Boiler 45,443]

My first thought is on what basis did you get Medicaid, the big issue would be a false claim to US Citizenship.

[carmel34 3,620]

15 hours ago, Ruby_k8 said:

Several years ago, I was on J-1 visa and unknowingly received a Medicaid Card in New York

Not sure how you could "unknowingly" get a Medicaid card.  You would have had to complete an application.  Each state has its own rules to qualify for Medicaid, here's one source that might help:

http://health.wnylc.com/health/entry/33/

Looks like J-1 visa holders qualify, but only for emergency coverage before 2016, and full coverage after that.  Regardless, since you never used Medicaid, I would advise you to answer "no" to both questions.

Edited October 3 by carmel34

[Ruby_k8 0]

11 hours ago, Boiler said:

My first thought is on what basis did you get Medicaid, the big issue would be a false claim to US Citizenship.

 

6 hours ago, carmel34 said:

Not sure how you could "unknowingly" get a Medicaid card.  You would have had to complete an application.  Each state has its own rules to qualify for Medicaid, here's one source that might help:

http://health.wnylc.com/health/entry/33/

Looks like J-1 visa holders qualify, but only for emergency coverage before 2016, and full coverage after that.  Regardless, since you never used Medicaid, I would advise you to answer "no" to both questions.

 

Thank you for getting back to me! I’d be happy to share more details about how I received Medicaid.

 

At the time, I urgently needed medical help, and my home insurance company advised me to go to the hospital first and then request reimbursement. I was concerned about being unable to pay the local medical bills in case my insurance denied the claim. A friend suggested I go to a low-income hospital, and when I got there, I was informed that, because my income was $0 (I was being paid by my home country), I was eligible for a local insurance card. I didn’t know what Medicaid was at the time, so I accepted the card without fully reading the paperwork, and it covered the expenses for my hospital visit and prescribed medications. So technically, I did use Medicaid.

 

Years later, I realized that the card I received was New York Medicaid, which required residency, something I likely didn’t have. I wasn’t asked to provide proof of residency, and I don’t recall receiving any follow-up requests by mail. A few months after receiving the card, I left the U.S. This all happened after 2016, when J-1 holders could theoretically qualify for Medicaid under certain conditions.

 

I absolutely want to avoid making any false statements on my application, but I’m unsure how to address this situation if it’s relevant to the I-485 process.

 

Thank you for your time!

 

[Ruby_k8 0]

Hi,

Any thoughts/suggestions of this?