MEDICAID FOR US BORN KID OF H1B PARENT WHO IS A IMMIGRANT

[sapan2021]

Hi,

I sincerely hope someone can answer my query.

My son is US born, a citizen. We recently applied for Medicaid for him to cover his speech and some related therapy services. We did get a email stating that he is eligible for it.

However the recent rule changes during the ex president era confuses me. It states that "As with the proposed rule, the final rule does not attach public-charge triggers to either the Children’s Health Insurance Program (CHIP) or the Affordable Care Act marketplace subsidies. Only the poorest immigrants who depend on Medicaid are subject to punishment — for example, denial of green card status — for using the health insurance for which they are eligible under current law".

So wanted to check with any of you applied for Medicaid for your US born kids? Is this legal to enroll my son for Medicaid and will this affect my Green card application in the future?

 

Thanks.

 

[gopalakrishnach]

Better to check with an immigration attorney...

Edited June 3, 2021 by gopalakrishnach

[nih]

Hello 

Yea I am in the same the situation. I have CHIP (Medicaid) for my son and my daughter who are US citizen as well. Medicaid for US citizen kids does not count towards the public charge rule. Also with the new administration they have eliminated the I-944 form where they have ease on public charge rule. Here is the list that counts and does not counts towards the public charge rule. I have already applied for I-485 and EAD and should become current in a month or two. 

2021 GUIDE TO THE "PUBLIC CHARGE" RULE

1. Form I-944 and related documents no longer required

   > Effective March 9, 2021, all visa applicants will no longer have to file Form I-944 known as Declaration of Self-Sufficiency. All pending applications or new applications will no longer be decided under the Trump era "public charge" rule.
   
   > Since December 19, 1997, applicants for an immigrant visa or permanent residence are required to submit an affidavit of support (Form I-864) by a sponsor who can demonstrate that they are able to maintain the sponsored alien at an annual income of not less than 125% of the federal poverty level. The affidavit of support (Form I-864) are required for all immediate relatives, family-based immigrants and certain employment-based immigrants will work for a relative or for a firm which his or her relative holds ownership interest of 5% or more. The new USCIS policy effective March 9, 2021 does not repeal this requirement.

1. Public benefits that do not trigger a "public charge" finding

   > Receipt of non-cash public benefits (other than institutionalization) or receipt of cash benefits that are not for the purpose of income maintenance, do NOT have a bearing on the USCIS determination of whether an applicant is "inadmissible" under the "public charge" rule. For instance, attending public schools, taking school lunch, supplemental nutrition programs (e.g. Food Stamps) or receiving emergency medical care would not make the person "inadmissible". The following government aid will NOT be considered in a "public charge" determination:
   1) Medicaid and other health insurance and services,
   2) Children's Health Insurance Program (CHIP),
   3) Nutrition programs including Food Stamps, the National School Lunch and Breakfast Program,
   4) Housing benefits,
   5) Child care services,
   6) Energy assistance,
   7) Emergency disaster relief,
   😎 Foster care and adoption assistance,
   9) Educational assistance such as Head Start,
   10) In-kind community-based programs such as soup kitchens and short-term shelter.

2. Public benefits that will could result in a "public charge" finding

   > Receipt of the following types of government aid WILL be considered in determining whether an applicant is likely to become a public charge:
   1) Supplemental Security Income (SSI),
   2) Temporary Assistance for Needy Families (TANF) cash assistance,
   3) State and local cash assistance for income maintenance ("general assistance" programs),
   4) Programs including Medicaid for long-term care e.g. nursing home or mental health institution. 

Edited June 4, 2021 by nih

[_jaswanth7_]

On 6/3/2021 at 9:45 PM, nih said:

Hello 

Yea I am in the same the situation. I have CHIP (Medicaid) for my son and my daughter who are US citizen as well. Medicaid for US citizen kids does not count towards the public charge rule. Also with the new administration they have eliminated the I-944 form where they have ease on public charge rule. Here is the list that counts and does not counts towards the public charge rule. I have already applied for I-485 and EAD and should become current in a month or two. 

2021 GUIDE TO THE "PUBLIC CHARGE" RULE

1. Form I-944 and related documents no longer required

   > Effective March 9, 2021, all visa applicants will no longer have to file Form I-944 known as Declaration of Self-Sufficiency. All pending applications or new applications will no longer be decided under the Trump era "public charge" rule.
   
   > Since December 19, 1997, applicants for an immigrant visa or permanent residence are required to submit an affidavit of support (Form I-864) by a sponsor who can demonstrate that they are able to maintain the sponsored alien at an annual income of not less than 125% of the federal poverty level. The affidavit of support (Form I-864) are required for all immediate relatives, family-based immigrants and certain employment-based immigrants will work for a relative or for a firm which his or her relative holds ownership interest of 5% or more. The new USCIS policy effective March 9, 2021 does not repeal this requirement.

1. Public benefits that do not trigger a "public charge" finding

   > Receipt of non-cash public benefits (other than institutionalization) or receipt of cash benefits that are not for the purpose of income maintenance, do NOT have a bearing on the USCIS determination of whether an applicant is "inadmissible" under the "public charge" rule. For instance, attending public schools, taking school lunch, supplemental nutrition programs (e.g. Food Stamps) or receiving emergency medical care would not make the person "inadmissible". The following government aid will NOT be considered in a "public charge" determination:
   1) Medicaid and other health insurance and services,
   2) Children's Health Insurance Program (CHIP),
   3) Nutrition programs including Food Stamps, the National School Lunch and Breakfast Program,
   4) Housing benefits,
   5) Child care services,
   6) Energy assistance,
   7) Emergency disaster relief,
   😎 Foster care and adoption assistance,
   9) Educational assistance such as Head Start,
   10) In-kind community-based programs such as soup kitchens and short-term shelter.

2. Public benefits that will could result in a "public charge" finding

   > Receipt of the following types of government aid WILL be considered in determining whether an applicant is likely to become a public charge:
   1) Supplemental Security Income (SSI),
   2) Temporary Assistance for Needy Families (TANF) cash assistance,
   3) State and local cash assistance for income maintenance ("general assistance" programs),
   4) Programs including Medicaid for long-term care e.g. nursing home or mental health institution. 

Hi nih, can I talk to you if you are ok? I have a few questions regarding the public charge rules and medicaidID. We are in critical situation for my friend and you may help us with some inputs, I already sent a personal message.