medicaid and applying for green card 2 Answers as of November 10, 2010

I am in the process of adjusting my status to that of a permanent resident. I have a B1 visa and my I130 was approved. I am pregnant, can I use medicaid and will this be a problem or seen as a public charge

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Certain aspects of assistance for pregnant women is not considered as being public charge but you need to be careful.

Please feel free to contact me directly if you have any additional questions or if I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/10/2010
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer to your question is that as long as your child is the sole ultimate recipient of public benefit, whether SCHIP or Medicaid for your child's health care, or Social Security disability, or AFDC food stamps for children, or school lunch program, then you are not going to be classified as a public charge. I would caution you, however, that it is very important to show, since you came to the U.S. with a B-1 visa and then had a family member (spouse?) file an I-130 Alien Relative petition, now approved, that you did not anticipate marrying when first coming to the USA. Otherwise you could gain the possibility of being suspected of fraud, since the B-1 is supposed to be with the assumption you will not be staying in the USA. That can not only have your application for adjustment of status rejected, but you and your husband could be prosecuted for immigration fraud, and you would have a lifetime ban from ever applying for an immigration visa. If you have other questions, feel free to call or e-mail me to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 11/10/2010
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