Will medicaid affect my immigration status? 3 Answers as of January 09, 2011

My wife and I are currently in pending I-485 process. Will using the Medicaid for my wife affect my processing of I-485. I look forward to hear from you.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Unfortunately, it might. It is required that a new LPR not be subject to being a public charge, which is the reason that you are acting as a petitioner-sponsor. You are required to act as sponsor for at least 10 years, or until she is self-sufficient, which is never truly the case as long as you are married (which is supposed to be life-long). The resort to using Medicaid, by making your wife eligible through you, can be taken as an act of immigration fraud, and a cause of a denial of the application for adjustment of status, and possible criminal prosecution. You should make alternative plans for medical care for your wife, while her application is in pending status.
Answer Applies to: California
Replied: 1/9/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes it will. Good luck!
Answer Applies to: Florida
Replied: 12/22/2010
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
A condition to grant your I-485 is that you are not inadmissible. Persons who are likely to become a public charge are inadmissible pursuant to INA sec. 212(a)(4). The government agencies define public charge as likely to become primarily dependent on the government for subsistence, as demonstrated by either (1) receipt of public cash assistance for income maintenance or (2) institutionalization for long-term care at government expense. However, the government applies a "totality of the circumstances" test, looking at factors such as age, capacity to earn a living, health, family situation, work history, whether the alien has received public assistance, physical and mental condition of the alien and affdavits of support filed. While the receipt of emergency medical care, short term, noncash in-kind emergency disaster relief, benefits under Food Stamps and similar state or local programs do not present problems for intending immigrants, the receipt of benefits under any Medicaid program that is available as a means tested benefit would make your wife inadmissible. Please contact an immigration lawyer with the specifics of the program, your wife intends to apply for.
Answer Applies to: Florida
Replied: 12/22/2010
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