Use of Medicaid while on B2 visa and effects on Green Card application? 1 Answers as of November 04, 2010

If some used medicaid and WIC (only) while on B2 visa will this affect the I130 petition filed by US citizen parent. Also, should this information be shared with the interviewer. Friends have advised not to mention it unless it comes up since the child is already US citizen and would not be affected by the petition. Is this a good idea?

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Pacifica Legal Services | Floyd Fernandez
Your application for adjustment of status, once the I-130 petition filed by your parent is approved, must disclose all instances of use of public assistance. You do not lose your eligibility if the assistance is applied to the benefit of your child. However, you said you are here on a B-2 tourist visa and your child is a U.S. citizen (I presume native born). There is a possibility that the CIS will question if you obtained the tourist visa to get in with the intent to stay permanently. If so, that is a possibility they will claim fraud in your application, which will bar you permanently from obtaining a green card. If you want the help of an attorney, and need further consultation, feel free to contact me to set up an in-person or phone consultation.
Answer Applies to: California
Replied: 11/4/2010
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