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ProbeGT
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ProbeGT got a reaction from ElmiraW in Biden's Plans for US Immigration (Big Changes)
Isn't it 3 out of the 5 years prior to the application? Or can one apply immediately after 3 years of residence?
Regardless, most countries have 5 or more years, some have 10+
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ProbeGT got a reaction from ElmiraW in Biden's Plans for US Immigration (Big Changes)
Was this proposed?
Honestly, 5 years is fairly common throughout the world. Many countries have longer wait times, very few have shorter wait times.
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ProbeGT got a reaction from MidAtlanticMed in ACA insurance for new immigrants under age 65 - success
It's been a few years since @missads wrote a very helpful post about getting ACA insurance for immigrants over the age of 65. The original post (linked below) is still a good read for anyone going through this process.
I recently helped a relative apply for insurance through the ACA. There is a lot of confusion regarding whether immigrants can use the ACA, is this a public charge, do they get medicaid or medicare, etc? If you are over 65, many will assume that you simply get Medicare (as indicated by @missads's post). Similarly, if you have lower income, people assume you will get Medicaid. For new immigrants to the US, neither would apply (with few exceptions). I will try to provide some information regarding this based on our own experience.
We initially contacted a licensed insurance agent to go through this process. The agent was familiar with the ACA, but was as unfortunately not familiar with immigrants applying for insurance through the ACA (mostly confusion regarding the public charge rule, which I guess is confusing by design). The agent also said that a social security number and green card were required, but these documents are not required (as indicated in other posts in this forum as well). Initially, we got short term insurance for the first few months, which was okay for medications, but had high deductibles, was subject to preexisting condition rules, had poor hospitalization coverage, and had higher premiums. Thankfully, we did not need to use this insurance, but the lack of coverage and acceptance at most hospitals was something that was hanging over our heads.
We then started looking into applying for insurance through the ACA. We actually called the ACA help line and were told that we could apply, but that we would not get a subsidy since the applicant was an immigrant with no income (they thought that the subsidy could not be calculated since there was no income to base the subsidy off of)
At this point we figured we had nothing to lose, so we then applied for insurance through the ACA website, and were successful. We received a decent subsidy as well. This made both HMO and PPO plans very affordable (all were less than $300 a month, and many of the HMOs were less than $100 a month).
In the Healthcare marketplace, plan availability and pricing varies state to state, and even zip code to zip code. One plan may be $500 a month in one state/zip code, and the same plan may be $300 a month in another state/zip code, so your pricing may vary.
1. What immigration statuses qualify for insurance through the ACA?
See link here: https://www.healthcare.gov/immigrants/immigration-status/
Note that this also includes applicants to certain statuses as well.
2. I am going through the adjustment of status/AOS process, am I eligible?
Yes: https://www.healthcare.gov/immigrants/immigration-status/
Applicants for any of these statuses qualify to use the Marketplace:
- Temporary Protected Status with Employment Authorization
- Special Immigrant Juvenile Status
- Victim of Trafficking Visa
- Adjustment to LPR Status
- Asylum (see note below)
- Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note)
This would include those who entered in on a K1/K2/K3 visa, as these are categories that will go through the adjustment of status (AOS) process.
3. What documentation do I need to prove immigration status?
The ACA application provides a list of acceptable immigration documents.
4. I have not received my physical green card, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "Immigrant Visa with I-551 language" and "Temporary I-551 stamp". It also includes"I-797 Notice of Action"
5. I am going through Adjustment of Status/AOS via K1 or via marriage in the US, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "I-797 Notice of Action"
6. I am one of the handful of people who has a K3 visa, and will be going through Adjustment of Status/AOS process as well, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "I-797 Notice of Action"
7. Why not just get Medicaid or Medicare?
Most new immigrants do not qualify for medicaid and/or medicare. Medicare is a system that one must pay into (by working a certain amount of time in the US, if I am not mistaken). Immigrants with less than five years of presence in the US are not eligible for Medicaid except for certain situations (See Medicaid website for more information)
8. So I can't get medicaid, can I at least qualify for an ACA subsidy?
This is probably the most confusing part of the application and the ACA in general, but the answer is Yes, you may qualify for a subsidy based on your income.
Reference: https://www.irs.gov/instructions/i8962
Alien lawfully present in the United States.
Certain aliens with household income below 100% of the federal poverty line are not eligible for Medicaid because of their immigration status.
You may qualify for the PTC if your household income is less than 100% of the federal poverty line if you meet all of the following requirements.
- You or an individual in your tax family enrolled in a qualified health plan through a Marketplace.
- The enrolled individual is lawfully present in the United States and is not eligible for Medicaid because of immigration status.
- You otherwise qualify as an applicable taxpayer (except for the federal poverty line percentage).
Since we met these requirements (enrolled in an ACA plan, will file taxes on our own/not as a dependent, and are not eligible for Medicaid), we qualified for a subsidy, subject to the calculations.
9. How do I qualify for a subsidy?
The ACA application will ask you for information regarding your estimated income for the year. There are many threads and forums that discuss how to estimate your income, so I won't go through that here. It is understood that if you underestimate or overestimate your income, everything will get adjusted during when federal income taxes are filed.
When filling out the application, we indicated "No, I have not been denied medicaid" (because we never applied), but then answered "Yes" to "Were you found ineligible for Medicaid based on immigration status". It is a bit confusing since we did not apply for Medicaid, but this seemed the closest since we knew that we were not eligible for Medicaid based on immigration status. This is the key sequence of questions that will force the system to evaluate your application and calculate a subsidy based on being an immigrant who does not qualify for medicaid (as indicated on IRS form I-8962). If you select "No" for "Were you found ineligible for Medicaid based on immigration status", your application will be forwarded to Medicaid, which can be problematic for a number of reasons, namely - delays (Medicaid takes a lot of time), you will likely be denied anyways (immigration status), potential issues related to being a public charge (still being litigated, but better to not deal with that if at all possible), and the system will show that you applied for Medicaid.
10. I just came to the US, how do I prove my income (or lack thereof)?
If you arrived during the previous year (for example, you arrived in December 2019, and are applying for ACA insurance in 2020), you should file a tax return even if your income is $0.00. This was also mentioned by @missads. Make sure that the ACA applicant is not claimed as a dependent on someone else's taxes. If they are claimed as a dependent, then the TOTAL HOUSEHOLD INCOME will be used in the ACA subsidy calculations.
If you haven't filed taxes yet, the ACA has an "income worksheet" that can be used to prove income. Since we had no income at the time of application, we write "$0.00" for the value, and then write an explanation below (where the form asks for any additional information). We explained that the applicant was a new immigrant and did not have any income, and that they would file taxes at the appropriate time. We also attached a copy of the visa and I-551 stamp indicate the date of entry. Moving forward, you should file taxes each year (even if your income is $0.00), as this will be the standard way of proving income (or lack thereof).
11. I did not receive my SSN/SS card, how can I apply?
The ACA application does not require a social security number (the field is optional)
12. When should I apply?
ASAP! You have 60 days within a given "life event" to apply for insurance. "Gaining lawful immigrant status" or "Gaining LPR status" (I don't recall exactly what the wording was) is an applicable life event. If you apply before the 15th of the month, you will get insurance beginning the next month. If you apply after the 15th, your insurance will be active after an additional month.
For example:
If you apply on November 12, your insurance will be active December 1.
If you apply on November 16, your insurance will be active January 1.
13. I just arrived to the US, and open enrollment is over, how do I apply?
See #11 above. "Gaining lawful immigrant status" is a life event, so you can apply. It is best to apply as soon as possible, as the clock begins the day you enter the US.
14. What about the public charge rule?
The public charge rule was in court when we went through this process. However, many posts have indicated that taking ACA subsidies does not make one a public charge. This also appears to be indicated here: https://www.healthcare.gov/immigrants/lawfully-present-immigrants/
Enrollment in a Marketplace plan (with or without premium tax credits) is not a public benefit under the public charge final rule.
Previously, this was also inferred to at this link as well: https://www.uscis.gov/news/public-charge-fact-sheet
15. I want to get my SSN to make things simpler
There are many posts on VJ about SSNs not being sent in a timely manner, and SS office closures during the COVID-19 pandemic. Please refer to these posts for guidance on obtaining a SS number. The general theme, at the time of this writing, is that you can call the local SS office and plead your case.
16. People on VJ, among other places, say "why don't you just work?"
Many immigrants with LPR status are retired, so they have worked, but have incomes that are low enough to qualify for a subsidy. Others may be looking for work, but still need coverage in case something happens.
17. Can I really file taxes even if my income is $0.00
Yes, the IRS allows you to file taxes even if your income is $0.00
Hopefully this helps. Best of luck!
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ProbeGT reacted to milimelo in Me vs parents petitioning for siblings
Siblings and their spouses could be playing DV lottery in the meantime.
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ProbeGT reacted to SusieQQQ in Me vs parents petitioning for siblings
This is immigration fraud, just as getting married for a green card is. Denial and a lifetime ban are the likely results. They will have to list all marriage and divorce dates so it would be blindingly obvious.
(A month before what, anyway? They would stil have to be single when they entered, then remarry, then petition for spouse. Another 2 years or so. Single children can bring minor children as derivatives, that would not be an issue. But again, this entire route is fraudulent and could result in all of them getting a lifetime ban from the US.)
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ProbeGT got a reaction from A.P in How to get Pakistani Birth certificate corrected if in the UK?
Using your ID number, you can make an FRC online using the NADRA website (you will need the ID numbers of your siblings and parents as well)
As for the typo, you could write a simple letter and explain the issue after they ask you why it is this way. If you have other documents that have your parentage and your name (such as school records, etc), that can be secondary evidence.
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ProbeGT reacted to Unlockable in California I130 approval time for sibling
Siblings take 15 - 20+ years to complete. You still have a long way to go. Your brother will not be in the US until close to 2030 depending on the country.
Most countries don't even allow people to petition siblings. So that is why the wait is so long because the US is one of the few countries in the world that allows it.
What country is your brother from?
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ProbeGT reacted to SusieQQQ in Petitioning for mother with 10 year overstay (merged topics)
125%
as for the rest, overstay, illegal work, problems disappear for immediate relative categories once they adjust status
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ProbeGT reacted to aaron2020 in Can ex spouse file case for denaturalization after Mutual Consent divorce in India?
Why are you getting divorced in India? India is not the proper place for you two to divorce since neither of you live there. In order for a divorce in India to be valid, one of you must be living there.
Since both of you are living in the US, then you need to file for divorce in the state where one of you live.
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ProbeGT reacted to SusieQQQ in I-130 visa
It’s really better to quote the manual and actual laws rather than newspaper articles and lawyer blogs ... especially a lawyer blog that ends with “It was the most complex citizenship case that I had handled in my career, ”
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ProbeGT reacted to aaron2020 in I-130 visa
Easier for OP to petition for her kids and for them to automatically gain US citizenship under the CCA. Why go for something "rare, but possible" when they can go the easy and sure way?
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ProbeGT reacted to aaron2020 in I-130 visa
You're just confusing the OP.
This is people's lives. Throwing out things that you don't understand and that are completely wrong does not help anyone. It makes it worse for them. So, I disagree with your assessment that there is "no harm." You are creating a lot of harm by confusing people with wrong information that you don't understand.
You telling the OP that she can't submit I-130s for her kids because technically you can't file for US citizen beneficiary IS COMPLETELY WRONG. Her kids have NO CLAIM to US citizenship because she left the US when she was 7 years old. So, giving that WRONG advice creates a lot of harm.
In fact, filing I-130s for her kids is the BEST way for them to immigrate to the US and gain US citizenship. COMPLETELY OPPOSITE OF YOUR ADVICE.
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ProbeGT reacted to HRQX in US citizenship for children through grandparents
Read the whole conversation on Page 1 of this VJ thread. The children don't currently meet INA 322(a)(4) requirement. "The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application)."
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ProbeGT got a reaction from aaron2020 in US citizenship for children through grandparents
Isn't there a part of the INA that allows the physical presence of a grandparent to used if the parent did not live in the US as an adult?
https://www.wsj.com/articles/SB119249790610260189
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ProbeGT reacted to aaron2020 in Regarding divorce certificate dated after marriage certificate
You really need to get help from an experienced US immigration lawyer.
This is NOT DO-IT-YOURSELF. You need professional competent legal help.
Getting marry again does NOT ERASE the fact that you husband was married to two women at the same time. Getting marry again does not make him qualify to petition for you. You can not legally marry someone who you are already married to and claim a new start date for your marriage. The US Embassy already has your old DS-260. They already know when your marriage started. They already have your marriage certificate. So there is NO WAY they are going to accept your new marriage certificate. In fact, you may be accused of fraud which may mean NEVER immigrating to the US.
You can either fix this the right way with help from a competent US immigration lawyer or screw this up forever by doing it yourself. You have been warned.
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ProbeGT reacted to Wuozopo in K1 Health insurance strategy
Marrying in December may give your spouse some income tax breaks. Even being married one day in 2020 counts for filing Married Filing Jointly. Filing as Single for 2020 will often cost more in income tax. There’s an extra standard deduction for joint filers which reduces his/her taxable income by $24,800 instead of $12,400 as single. Also an additional $1200 in Recovery Rebate Credit possible for his/her spouse (if married in 2020). If your fiancé collected $1200 earlier in the year, it is possible to collect another $1200 for yourself if you file jointly for 2020.
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ProbeGT got a reaction from NancyNguyen in How to get a Foreign Marriage recognised in the U.S?
If you are married in Pakistan per Pakistani law, then your marriage is recognized by the US.
If either one of you is Muslim, you will need a Nikah Nama in addition to your Marriage Registration Certificate
If you are both non-Muslims, then you can use just the Marriage Registration Certificate + your religious documentation (Church, Temple, etc)
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ProbeGT got a reaction from Dashinka in How to get a Foreign Marriage recognised in the U.S?
If you are married in Pakistan per Pakistani law, then your marriage is recognized by the US.
If either one of you is Muslim, you will need a Nikah Nama in addition to your Marriage Registration Certificate
If you are both non-Muslims, then you can use just the Marriage Registration Certificate + your religious documentation (Church, Temple, etc)
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ProbeGT got a reaction from Ineska in ACA insurance for new immigrants under age 65 - success
It's been a few years since @missads wrote a very helpful post about getting ACA insurance for immigrants over the age of 65. The original post (linked below) is still a good read for anyone going through this process.
I recently helped a relative apply for insurance through the ACA. There is a lot of confusion regarding whether immigrants can use the ACA, is this a public charge, do they get medicaid or medicare, etc? If you are over 65, many will assume that you simply get Medicare (as indicated by @missads's post). Similarly, if you have lower income, people assume you will get Medicaid. For new immigrants to the US, neither would apply (with few exceptions). I will try to provide some information regarding this based on our own experience.
We initially contacted a licensed insurance agent to go through this process. The agent was familiar with the ACA, but was as unfortunately not familiar with immigrants applying for insurance through the ACA (mostly confusion regarding the public charge rule, which I guess is confusing by design). The agent also said that a social security number and green card were required, but these documents are not required (as indicated in other posts in this forum as well). Initially, we got short term insurance for the first few months, which was okay for medications, but had high deductibles, was subject to preexisting condition rules, had poor hospitalization coverage, and had higher premiums. Thankfully, we did not need to use this insurance, but the lack of coverage and acceptance at most hospitals was something that was hanging over our heads.
We then started looking into applying for insurance through the ACA. We actually called the ACA help line and were told that we could apply, but that we would not get a subsidy since the applicant was an immigrant with no income (they thought that the subsidy could not be calculated since there was no income to base the subsidy off of)
At this point we figured we had nothing to lose, so we then applied for insurance through the ACA website, and were successful. We received a decent subsidy as well. This made both HMO and PPO plans very affordable (all were less than $300 a month, and many of the HMOs were less than $100 a month).
In the Healthcare marketplace, plan availability and pricing varies state to state, and even zip code to zip code. One plan may be $500 a month in one state/zip code, and the same plan may be $300 a month in another state/zip code, so your pricing may vary.
1. What immigration statuses qualify for insurance through the ACA?
See link here: https://www.healthcare.gov/immigrants/immigration-status/
Note that this also includes applicants to certain statuses as well.
2. I am going through the adjustment of status/AOS process, am I eligible?
Yes: https://www.healthcare.gov/immigrants/immigration-status/
Applicants for any of these statuses qualify to use the Marketplace:
- Temporary Protected Status with Employment Authorization
- Special Immigrant Juvenile Status
- Victim of Trafficking Visa
- Adjustment to LPR Status
- Asylum (see note below)
- Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note)
This would include those who entered in on a K1/K2/K3 visa, as these are categories that will go through the adjustment of status (AOS) process.
3. What documentation do I need to prove immigration status?
The ACA application provides a list of acceptable immigration documents.
4. I have not received my physical green card, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "Immigrant Visa with I-551 language" and "Temporary I-551 stamp". It also includes"I-797 Notice of Action"
5. I am going through Adjustment of Status/AOS via K1 or via marriage in the US, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "I-797 Notice of Action"
6. I am one of the handful of people who has a K3 visa, and will be going through Adjustment of Status/AOS process as well, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "I-797 Notice of Action"
7. Why not just get Medicaid or Medicare?
Most new immigrants do not qualify for medicaid and/or medicare. Medicare is a system that one must pay into (by working a certain amount of time in the US, if I am not mistaken). Immigrants with less than five years of presence in the US are not eligible for Medicaid except for certain situations (See Medicaid website for more information)
8. So I can't get medicaid, can I at least qualify for an ACA subsidy?
This is probably the most confusing part of the application and the ACA in general, but the answer is Yes, you may qualify for a subsidy based on your income.
Reference: https://www.irs.gov/instructions/i8962
Alien lawfully present in the United States.
Certain aliens with household income below 100% of the federal poverty line are not eligible for Medicaid because of their immigration status.
You may qualify for the PTC if your household income is less than 100% of the federal poverty line if you meet all of the following requirements.
- You or an individual in your tax family enrolled in a qualified health plan through a Marketplace.
- The enrolled individual is lawfully present in the United States and is not eligible for Medicaid because of immigration status.
- You otherwise qualify as an applicable taxpayer (except for the federal poverty line percentage).
Since we met these requirements (enrolled in an ACA plan, will file taxes on our own/not as a dependent, and are not eligible for Medicaid), we qualified for a subsidy, subject to the calculations.
9. How do I qualify for a subsidy?
The ACA application will ask you for information regarding your estimated income for the year. There are many threads and forums that discuss how to estimate your income, so I won't go through that here. It is understood that if you underestimate or overestimate your income, everything will get adjusted during when federal income taxes are filed.
When filling out the application, we indicated "No, I have not been denied medicaid" (because we never applied), but then answered "Yes" to "Were you found ineligible for Medicaid based on immigration status". It is a bit confusing since we did not apply for Medicaid, but this seemed the closest since we knew that we were not eligible for Medicaid based on immigration status. This is the key sequence of questions that will force the system to evaluate your application and calculate a subsidy based on being an immigrant who does not qualify for medicaid (as indicated on IRS form I-8962). If you select "No" for "Were you found ineligible for Medicaid based on immigration status", your application will be forwarded to Medicaid, which can be problematic for a number of reasons, namely - delays (Medicaid takes a lot of time), you will likely be denied anyways (immigration status), potential issues related to being a public charge (still being litigated, but better to not deal with that if at all possible), and the system will show that you applied for Medicaid.
10. I just came to the US, how do I prove my income (or lack thereof)?
If you arrived during the previous year (for example, you arrived in December 2019, and are applying for ACA insurance in 2020), you should file a tax return even if your income is $0.00. This was also mentioned by @missads. Make sure that the ACA applicant is not claimed as a dependent on someone else's taxes. If they are claimed as a dependent, then the TOTAL HOUSEHOLD INCOME will be used in the ACA subsidy calculations.
If you haven't filed taxes yet, the ACA has an "income worksheet" that can be used to prove income. Since we had no income at the time of application, we write "$0.00" for the value, and then write an explanation below (where the form asks for any additional information). We explained that the applicant was a new immigrant and did not have any income, and that they would file taxes at the appropriate time. We also attached a copy of the visa and I-551 stamp indicate the date of entry. Moving forward, you should file taxes each year (even if your income is $0.00), as this will be the standard way of proving income (or lack thereof).
11. I did not receive my SSN/SS card, how can I apply?
The ACA application does not require a social security number (the field is optional)
12. When should I apply?
ASAP! You have 60 days within a given "life event" to apply for insurance. "Gaining lawful immigrant status" or "Gaining LPR status" (I don't recall exactly what the wording was) is an applicable life event. If you apply before the 15th of the month, you will get insurance beginning the next month. If you apply after the 15th, your insurance will be active after an additional month.
For example:
If you apply on November 12, your insurance will be active December 1.
If you apply on November 16, your insurance will be active January 1.
13. I just arrived to the US, and open enrollment is over, how do I apply?
See #11 above. "Gaining lawful immigrant status" is a life event, so you can apply. It is best to apply as soon as possible, as the clock begins the day you enter the US.
14. What about the public charge rule?
The public charge rule was in court when we went through this process. However, many posts have indicated that taking ACA subsidies does not make one a public charge. This also appears to be indicated here: https://www.healthcare.gov/immigrants/lawfully-present-immigrants/
Enrollment in a Marketplace plan (with or without premium tax credits) is not a public benefit under the public charge final rule.
Previously, this was also inferred to at this link as well: https://www.uscis.gov/news/public-charge-fact-sheet
15. I want to get my SSN to make things simpler
There are many posts on VJ about SSNs not being sent in a timely manner, and SS office closures during the COVID-19 pandemic. Please refer to these posts for guidance on obtaining a SS number. The general theme, at the time of this writing, is that you can call the local SS office and plead your case.
16. People on VJ, among other places, say "why don't you just work?"
Many immigrants with LPR status are retired, so they have worked, but have incomes that are low enough to qualify for a subsidy. Others may be looking for work, but still need coverage in case something happens.
17. Can I really file taxes even if my income is $0.00
Yes, the IRS allows you to file taxes even if your income is $0.00
Hopefully this helps. Best of luck!
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ProbeGT reacted to JFH in Fiance being denied onto flight from Madrid to NYC USA
The problem is, he has now put his toes in the Schengen area so he has to wait 14 days before he can touch US soil anyway. He may as well spend those 14 days with friends or family in Morocco and then take the non-stop Air Maroc to either JFK or IAD.
You could contact Kayak customer service and argue the point that no warning was given at the time of purchase.
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ProbeGT got a reaction from Ako & Rich in ACA insurance for new immigrants under age 65 - success
It's been a few years since @missads wrote a very helpful post about getting ACA insurance for immigrants over the age of 65. The original post (linked below) is still a good read for anyone going through this process.
I recently helped a relative apply for insurance through the ACA. There is a lot of confusion regarding whether immigrants can use the ACA, is this a public charge, do they get medicaid or medicare, etc? If you are over 65, many will assume that you simply get Medicare (as indicated by @missads's post). Similarly, if you have lower income, people assume you will get Medicaid. For new immigrants to the US, neither would apply (with few exceptions). I will try to provide some information regarding this based on our own experience.
We initially contacted a licensed insurance agent to go through this process. The agent was familiar with the ACA, but was as unfortunately not familiar with immigrants applying for insurance through the ACA (mostly confusion regarding the public charge rule, which I guess is confusing by design). The agent also said that a social security number and green card were required, but these documents are not required (as indicated in other posts in this forum as well). Initially, we got short term insurance for the first few months, which was okay for medications, but had high deductibles, was subject to preexisting condition rules, had poor hospitalization coverage, and had higher premiums. Thankfully, we did not need to use this insurance, but the lack of coverage and acceptance at most hospitals was something that was hanging over our heads.
We then started looking into applying for insurance through the ACA. We actually called the ACA help line and were told that we could apply, but that we would not get a subsidy since the applicant was an immigrant with no income (they thought that the subsidy could not be calculated since there was no income to base the subsidy off of)
At this point we figured we had nothing to lose, so we then applied for insurance through the ACA website, and were successful. We received a decent subsidy as well. This made both HMO and PPO plans very affordable (all were less than $300 a month, and many of the HMOs were less than $100 a month).
In the Healthcare marketplace, plan availability and pricing varies state to state, and even zip code to zip code. One plan may be $500 a month in one state/zip code, and the same plan may be $300 a month in another state/zip code, so your pricing may vary.
1. What immigration statuses qualify for insurance through the ACA?
See link here: https://www.healthcare.gov/immigrants/immigration-status/
Note that this also includes applicants to certain statuses as well.
2. I am going through the adjustment of status/AOS process, am I eligible?
Yes: https://www.healthcare.gov/immigrants/immigration-status/
Applicants for any of these statuses qualify to use the Marketplace:
- Temporary Protected Status with Employment Authorization
- Special Immigrant Juvenile Status
- Victim of Trafficking Visa
- Adjustment to LPR Status
- Asylum (see note below)
- Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note)
This would include those who entered in on a K1/K2/K3 visa, as these are categories that will go through the adjustment of status (AOS) process.
3. What documentation do I need to prove immigration status?
The ACA application provides a list of acceptable immigration documents.
4. I have not received my physical green card, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "Immigrant Visa with I-551 language" and "Temporary I-551 stamp". It also includes"I-797 Notice of Action"
5. I am going through Adjustment of Status/AOS via K1 or via marriage in the US, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "I-797 Notice of Action"
6. I am one of the handful of people who has a K3 visa, and will be going through Adjustment of Status/AOS process as well, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "I-797 Notice of Action"
7. Why not just get Medicaid or Medicare?
Most new immigrants do not qualify for medicaid and/or medicare. Medicare is a system that one must pay into (by working a certain amount of time in the US, if I am not mistaken). Immigrants with less than five years of presence in the US are not eligible for Medicaid except for certain situations (See Medicaid website for more information)
8. So I can't get medicaid, can I at least qualify for an ACA subsidy?
This is probably the most confusing part of the application and the ACA in general, but the answer is Yes, you may qualify for a subsidy based on your income.
Reference: https://www.irs.gov/instructions/i8962
Alien lawfully present in the United States.
Certain aliens with household income below 100% of the federal poverty line are not eligible for Medicaid because of their immigration status.
You may qualify for the PTC if your household income is less than 100% of the federal poverty line if you meet all of the following requirements.
- You or an individual in your tax family enrolled in a qualified health plan through a Marketplace.
- The enrolled individual is lawfully present in the United States and is not eligible for Medicaid because of immigration status.
- You otherwise qualify as an applicable taxpayer (except for the federal poverty line percentage).
Since we met these requirements (enrolled in an ACA plan, will file taxes on our own/not as a dependent, and are not eligible for Medicaid), we qualified for a subsidy, subject to the calculations.
9. How do I qualify for a subsidy?
The ACA application will ask you for information regarding your estimated income for the year. There are many threads and forums that discuss how to estimate your income, so I won't go through that here. It is understood that if you underestimate or overestimate your income, everything will get adjusted during when federal income taxes are filed.
When filling out the application, we indicated "No, I have not been denied medicaid" (because we never applied), but then answered "Yes" to "Were you found ineligible for Medicaid based on immigration status". It is a bit confusing since we did not apply for Medicaid, but this seemed the closest since we knew that we were not eligible for Medicaid based on immigration status. This is the key sequence of questions that will force the system to evaluate your application and calculate a subsidy based on being an immigrant who does not qualify for medicaid (as indicated on IRS form I-8962). If you select "No" for "Were you found ineligible for Medicaid based on immigration status", your application will be forwarded to Medicaid, which can be problematic for a number of reasons, namely - delays (Medicaid takes a lot of time), you will likely be denied anyways (immigration status), potential issues related to being a public charge (still being litigated, but better to not deal with that if at all possible), and the system will show that you applied for Medicaid.
10. I just came to the US, how do I prove my income (or lack thereof)?
If you arrived during the previous year (for example, you arrived in December 2019, and are applying for ACA insurance in 2020), you should file a tax return even if your income is $0.00. This was also mentioned by @missads. Make sure that the ACA applicant is not claimed as a dependent on someone else's taxes. If they are claimed as a dependent, then the TOTAL HOUSEHOLD INCOME will be used in the ACA subsidy calculations.
If you haven't filed taxes yet, the ACA has an "income worksheet" that can be used to prove income. Since we had no income at the time of application, we write "$0.00" for the value, and then write an explanation below (where the form asks for any additional information). We explained that the applicant was a new immigrant and did not have any income, and that they would file taxes at the appropriate time. We also attached a copy of the visa and I-551 stamp indicate the date of entry. Moving forward, you should file taxes each year (even if your income is $0.00), as this will be the standard way of proving income (or lack thereof).
11. I did not receive my SSN/SS card, how can I apply?
The ACA application does not require a social security number (the field is optional)
12. When should I apply?
ASAP! You have 60 days within a given "life event" to apply for insurance. "Gaining lawful immigrant status" or "Gaining LPR status" (I don't recall exactly what the wording was) is an applicable life event. If you apply before the 15th of the month, you will get insurance beginning the next month. If you apply after the 15th, your insurance will be active after an additional month.
For example:
If you apply on November 12, your insurance will be active December 1.
If you apply on November 16, your insurance will be active January 1.
13. I just arrived to the US, and open enrollment is over, how do I apply?
See #11 above. "Gaining lawful immigrant status" is a life event, so you can apply. It is best to apply as soon as possible, as the clock begins the day you enter the US.
14. What about the public charge rule?
The public charge rule was in court when we went through this process. However, many posts have indicated that taking ACA subsidies does not make one a public charge. This also appears to be indicated here: https://www.healthcare.gov/immigrants/lawfully-present-immigrants/
Enrollment in a Marketplace plan (with or without premium tax credits) is not a public benefit under the public charge final rule.
Previously, this was also inferred to at this link as well: https://www.uscis.gov/news/public-charge-fact-sheet
15. I want to get my SSN to make things simpler
There are many posts on VJ about SSNs not being sent in a timely manner, and SS office closures during the COVID-19 pandemic. Please refer to these posts for guidance on obtaining a SS number. The general theme, at the time of this writing, is that you can call the local SS office and plead your case.
16. People on VJ, among other places, say "why don't you just work?"
Many immigrants with LPR status are retired, so they have worked, but have incomes that are low enough to qualify for a subsidy. Others may be looking for work, but still need coverage in case something happens.
17. Can I really file taxes even if my income is $0.00
Yes, the IRS allows you to file taxes even if your income is $0.00
Hopefully this helps. Best of luck!
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ProbeGT got a reaction from Ikhan in CR1: Pakistan passport name + nikkah nama Q
If she decides to keep her maiden name, you can use the existing passport with father's name.
If she decides to change her name to a married name, then you will need to update her CNIC and Passport per rules in Pakistan
The GC will be issued according to the passport.
I know someone whose wife kept her maiden name and entered on a passport showing her father's name, and there was no issue at all.
For I-130, you will need to submit the Urdu Nikah Nama, English translation (not English Nikah Nama), and NADRA marriage certificate (3 documents in total)
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ProbeGT got a reaction from Dee786 in Traveling Abroad with expired green card and letter of extension
I know of someone who did this, and they were able to travel.
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ProbeGT reacted to JFH in Are there any former or current USCIS officers on VJ
Years ago there was a USCIS employee who posted some insight into how the process works. But they will not answer questions about specific cases or the criteria used to approve or deny petitions. He could answer questions such as “how many petitions do you receive each day?” but not questions such as “if I send 2 photos only will this be enough to be approved?”
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ProbeGT got a reaction from GarLeb in ACA insurance for new immigrants under age 65 - success
It's been a few years since @missads wrote a very helpful post about getting ACA insurance for immigrants over the age of 65. The original post (linked below) is still a good read for anyone going through this process.
I recently helped a relative apply for insurance through the ACA. There is a lot of confusion regarding whether immigrants can use the ACA, is this a public charge, do they get medicaid or medicare, etc? If you are over 65, many will assume that you simply get Medicare (as indicated by @missads's post). Similarly, if you have lower income, people assume you will get Medicaid. For new immigrants to the US, neither would apply (with few exceptions). I will try to provide some information regarding this based on our own experience.
We initially contacted a licensed insurance agent to go through this process. The agent was familiar with the ACA, but was as unfortunately not familiar with immigrants applying for insurance through the ACA (mostly confusion regarding the public charge rule, which I guess is confusing by design). The agent also said that a social security number and green card were required, but these documents are not required (as indicated in other posts in this forum as well). Initially, we got short term insurance for the first few months, which was okay for medications, but had high deductibles, was subject to preexisting condition rules, had poor hospitalization coverage, and had higher premiums. Thankfully, we did not need to use this insurance, but the lack of coverage and acceptance at most hospitals was something that was hanging over our heads.
We then started looking into applying for insurance through the ACA. We actually called the ACA help line and were told that we could apply, but that we would not get a subsidy since the applicant was an immigrant with no income (they thought that the subsidy could not be calculated since there was no income to base the subsidy off of)
At this point we figured we had nothing to lose, so we then applied for insurance through the ACA website, and were successful. We received a decent subsidy as well. This made both HMO and PPO plans very affordable (all were less than $300 a month, and many of the HMOs were less than $100 a month).
In the Healthcare marketplace, plan availability and pricing varies state to state, and even zip code to zip code. One plan may be $500 a month in one state/zip code, and the same plan may be $300 a month in another state/zip code, so your pricing may vary.
1. What immigration statuses qualify for insurance through the ACA?
See link here: https://www.healthcare.gov/immigrants/immigration-status/
Note that this also includes applicants to certain statuses as well.
2. I am going through the adjustment of status/AOS process, am I eligible?
Yes: https://www.healthcare.gov/immigrants/immigration-status/
Applicants for any of these statuses qualify to use the Marketplace:
- Temporary Protected Status with Employment Authorization
- Special Immigrant Juvenile Status
- Victim of Trafficking Visa
- Adjustment to LPR Status
- Asylum (see note below)
- Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note)
This would include those who entered in on a K1/K2/K3 visa, as these are categories that will go through the adjustment of status (AOS) process.
3. What documentation do I need to prove immigration status?
The ACA application provides a list of acceptable immigration documents.
4. I have not received my physical green card, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "Immigrant Visa with I-551 language" and "Temporary I-551 stamp". It also includes"I-797 Notice of Action"
5. I am going through Adjustment of Status/AOS via K1 or via marriage in the US, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "I-797 Notice of Action"
6. I am one of the handful of people who has a K3 visa, and will be going through Adjustment of Status/AOS process as well, how can I prove my immigration status?
The ACA application list of acceptable immigration documents includes "I-797 Notice of Action"
7. Why not just get Medicaid or Medicare?
Most new immigrants do not qualify for medicaid and/or medicare. Medicare is a system that one must pay into (by working a certain amount of time in the US, if I am not mistaken). Immigrants with less than five years of presence in the US are not eligible for Medicaid except for certain situations (See Medicaid website for more information)
8. So I can't get medicaid, can I at least qualify for an ACA subsidy?
This is probably the most confusing part of the application and the ACA in general, but the answer is Yes, you may qualify for a subsidy based on your income.
Reference: https://www.irs.gov/instructions/i8962
Alien lawfully present in the United States.
Certain aliens with household income below 100% of the federal poverty line are not eligible for Medicaid because of their immigration status.
You may qualify for the PTC if your household income is less than 100% of the federal poverty line if you meet all of the following requirements.
- You or an individual in your tax family enrolled in a qualified health plan through a Marketplace.
- The enrolled individual is lawfully present in the United States and is not eligible for Medicaid because of immigration status.
- You otherwise qualify as an applicable taxpayer (except for the federal poverty line percentage).
Since we met these requirements (enrolled in an ACA plan, will file taxes on our own/not as a dependent, and are not eligible for Medicaid), we qualified for a subsidy, subject to the calculations.
9. How do I qualify for a subsidy?
The ACA application will ask you for information regarding your estimated income for the year. There are many threads and forums that discuss how to estimate your income, so I won't go through that here. It is understood that if you underestimate or overestimate your income, everything will get adjusted during when federal income taxes are filed.
When filling out the application, we indicated "No, I have not been denied medicaid" (because we never applied), but then answered "Yes" to "Were you found ineligible for Medicaid based on immigration status". It is a bit confusing since we did not apply for Medicaid, but this seemed the closest since we knew that we were not eligible for Medicaid based on immigration status. This is the key sequence of questions that will force the system to evaluate your application and calculate a subsidy based on being an immigrant who does not qualify for medicaid (as indicated on IRS form I-8962). If you select "No" for "Were you found ineligible for Medicaid based on immigration status", your application will be forwarded to Medicaid, which can be problematic for a number of reasons, namely - delays (Medicaid takes a lot of time), you will likely be denied anyways (immigration status), potential issues related to being a public charge (still being litigated, but better to not deal with that if at all possible), and the system will show that you applied for Medicaid.
10. I just came to the US, how do I prove my income (or lack thereof)?
If you arrived during the previous year (for example, you arrived in December 2019, and are applying for ACA insurance in 2020), you should file a tax return even if your income is $0.00. This was also mentioned by @missads. Make sure that the ACA applicant is not claimed as a dependent on someone else's taxes. If they are claimed as a dependent, then the TOTAL HOUSEHOLD INCOME will be used in the ACA subsidy calculations.
If you haven't filed taxes yet, the ACA has an "income worksheet" that can be used to prove income. Since we had no income at the time of application, we write "$0.00" for the value, and then write an explanation below (where the form asks for any additional information). We explained that the applicant was a new immigrant and did not have any income, and that they would file taxes at the appropriate time. We also attached a copy of the visa and I-551 stamp indicate the date of entry. Moving forward, you should file taxes each year (even if your income is $0.00), as this will be the standard way of proving income (or lack thereof).
11. I did not receive my SSN/SS card, how can I apply?
The ACA application does not require a social security number (the field is optional)
12. When should I apply?
ASAP! You have 60 days within a given "life event" to apply for insurance. "Gaining lawful immigrant status" or "Gaining LPR status" (I don't recall exactly what the wording was) is an applicable life event. If you apply before the 15th of the month, you will get insurance beginning the next month. If you apply after the 15th, your insurance will be active after an additional month.
For example:
If you apply on November 12, your insurance will be active December 1.
If you apply on November 16, your insurance will be active January 1.
13. I just arrived to the US, and open enrollment is over, how do I apply?
See #11 above. "Gaining lawful immigrant status" is a life event, so you can apply. It is best to apply as soon as possible, as the clock begins the day you enter the US.
14. What about the public charge rule?
The public charge rule was in court when we went through this process. However, many posts have indicated that taking ACA subsidies does not make one a public charge. This also appears to be indicated here: https://www.healthcare.gov/immigrants/lawfully-present-immigrants/
Enrollment in a Marketplace plan (with or without premium tax credits) is not a public benefit under the public charge final rule.
Previously, this was also inferred to at this link as well: https://www.uscis.gov/news/public-charge-fact-sheet
15. I want to get my SSN to make things simpler
There are many posts on VJ about SSNs not being sent in a timely manner, and SS office closures during the COVID-19 pandemic. Please refer to these posts for guidance on obtaining a SS number. The general theme, at the time of this writing, is that you can call the local SS office and plead your case.
16. People on VJ, among other places, say "why don't you just work?"
Many immigrants with LPR status are retired, so they have worked, but have incomes that are low enough to qualify for a subsidy. Others may be looking for work, but still need coverage in case something happens.
17. Can I really file taxes even if my income is $0.00
Yes, the IRS allows you to file taxes even if your income is $0.00
Hopefully this helps. Best of luck!