Is this public charge or not
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international khiladi
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My uncle took benifits of Medicaid under TPS for past 2 years , he is applying for greencard through work(restaurant) , will he be under public charge Inadmissibility . He is worried after recent rule , when he got his Medicaid they informed him it would not be a problem now the story seems different , his income is not so high either .
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No greencard anymore , everybody come to Nepal , you ll have easy life and more oppurtunity ,
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if the proposed rule takes effect after 2 months then he may not get a green card. benefits used before the rule gets effect will not count. so wait until it formally takes effect. also there is 99.99% chance that this will go into court and the court will issue stay order and they'll have to revise the rule. so no need to panic yet. worst case scenario- if its certain to take effect and if this rule goes thru courts and all i guess it will be best to terminate the benefit before the law goes into effect.
international khiladi
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If he terminates it now will it be a problem , his lawyer told him that they can’t say anything now and since he had it for past years it would not make a difference terminating now, he has us born Children and this could reallly be a disaster , should he terminate it now ? Or keep it
AJ Joshi
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If he file 485 within 60 days then no need to worry
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How do you get Medicaid under TPS ? Can you?
international khiladi
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well he got a free health care from state which I assume is Medicaid with his TPS when they gave him that it would not be a problem unless he was permanently in a nursing home or receiving cash benifit to be taken care of in serious medical situation , now there is this new rule (which would definitely be thrown out in court) but he has to apply for AOS and question number 61 of I -485 he has put NO , now in interview he might face problems . I think this rule would be changed in court but what if he has interview before that , does this new rule include emergency Medicaid in it ?
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This law will be posted in Federal register tomorrow and within a week or two they will file a case against it. This is not a law right now. If he put yes or no in the form it won't really matter coz the date he signed the form this has not not become a law yet.

So "No" to question # 61 is correct. Coz RightNow Medicaid is not a public assistance. But if after 2 month if it becomes a law he can terminate it if he wants. But until it becomes a law , Medicaid is not a public assistance.
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And don't terminate anything and don't listen to CNN. They are just creating panic. Be calm and youll know when this will become a law and its effective date ( althou there is a very small chance ). Put no to answer on 61 if applying within next 2 months. If anything changes you can uptdate immigration officer on the day of interview.
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@khoikhok, I'm little confused when you said "right now medicaid is not a public assistance". If medicaid is not a public assistance, then what is it?

Regarding to the issue raised by the OP, I guess USCIS will deny I485 when the applicant is currently receiving assistance or will likely receive (or keep receiving) after GC. Based on the language, I assume if you had received in the past and currently are not receiving and won't receive in the future then it shouldn't be a problem.

Also when your uncle applied for medicaid and they said it won't be a problem might be true until now. If the rule changes then their statement won't hold good. Since this is a serious (matter of GC being denied) and complex matter (words can be interpreted differently by different people), I would suggest you to talk to an immigration lawyer.
Last edited: 13-Aug-19 01:58 PM
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medicaid is not considered as public assistance if this is for immigration. USCIS calls it "public charge" which currently includes mostly cash benefits like food stamps and not govt sponsored health plans. Trump admin is trying to include medicaid and housing benefits and CHIP benefits into that "public charge" category with that new proposed law. yes it a a government assistance program but as of today or for next 2 months it wont count against immigrants as "public charge"
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also this is from USCIS official web site " This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance. "

if your uncle apply apply within 60 days he should be fine. Lawyers sometimes are confused themselves. please read the quoted statement above. nothing to worry abt in your uncle's case
Last edited: 13-Aug-19 02:53 PM
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Go listen to the news briefing. As per that, medicaid is a public charge.
But listen start to finish, and understand the news briefing clearly.
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