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Public assistance question on i485

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  • Public assistance question on i485

    There is a question on i 485 that i have received public assistance or no

    My wife received CHIP prenatal which is basically health coverage for baby not her.. during pregnancy

    After delivery . my son( who is usa citizen) is receiving chip medicaid for doctor visits

    My wife is not receiving any thing just my son is

    so i should answer yes or no for public assistance question ?

  • #2
    Any coverage during pregnancy is by definition for her and not for the child because the child is not a person yet. The coverage for the child after birth does not have to be mentioned.

    The term "public assistance" is not well defined, and when in doubt she should err on the side of disclosure and answer Yes and just describe the coverage that she received, especially as we know that past or future use of programs such as CHIP, Medicaid, Food stamps, etc. are not considered when considering whether she will become a public charge, so there is nothing to lose by disclosing it anyway. If the correct answer is Yes and she said No, that could be fraud and lead to deportation and permanent ban from the US. But if the correct answer is No and she answered Yes, they will simply read the explanation, see that it doesn't apply, and ignore it.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by mshan61 View Post
      There is a question on i 485 that i have received public assistance or no

      My wife received CHIP prenatal which is basically health coverage for baby not her.. during pregnancy

      After delivery . my son( who is usa citizen) is receiving chip medicaid for doctor visits

      My wife is not receiving any thing just my son is

      so i should answer yes or no for public assistance question ?
      Hi,
      what you did eventually with this question? did you face any issue?
      I am in a similar situation, so wanted to know your experience?
      Appreciate any comments please.

      Comment


      • #4
        Originally posted by rocket13 View Post
        Hi,
        what you did eventually with this question? did you face any issue?
        I am in a similar situation, so wanted to know your experience?
        Appreciate any comments please.
        When is your interview?
        I am also in similar situation please share if u got any answers.

        Comment


        • #5
          You may want to consult a lawyer on this one. The general definition of public charge is the immigration definition are more than likely different. I am very positive there's a BIA case which defines what public assistance is.

          When it comes to immigration law there's the general definition of something, which is what Websters dictionary or whatever gives us, and then there's the immigration definition of something which is what the BIA has ruled.

          These forums will more than likely serve if you have a clean case but if you've got any small issue its worth getting an expert opinion.
          Marriage based AOS concurre
          Feb 2017 - Date received
          Feb 2017 - RFE received
          March 2017 - Biometrics completed
          April 2017 - RFE response received case no longer on hold
          April 2017 - Case is being scheduled for interview
          May 2017 - AP/EAD received:
          March 2018 - AP/EAD forms sent for renewal
          Sept 2018 - AOS interview scheduled.
          Oct 2018 - AOS interview
          Nov 2018 - Green card in hand

          Comment


          • #6
            Originally posted by newacct View Post
            Any coverage during pregnancy is by definition for her and not for the child because the child is not a person yet. The coverage for the child after birth does not have to be mentioned.

            The term "public assistance" is not well defined, and when in doubt she should err on the side of disclosure and answer Yes and just describe the coverage that she received, especially as we know that past or future use of programs such as CHIP, Medicaid, Food stamps, etc. are not considered when considering whether she will become a public charge, so there is nothing to lose by disclosing it anyway. If the correct answer is Yes and she said No, that could be fraud and lead to deportation and permanent ban from the US. But if the correct answer is No and she answered Yes, they will simply read the explanation, see that it doesn't apply, and ignore it.
            If a Church or a non profit community assistance center helped a friend of mine who is filing for AOS at one time with Rent is that concidered public assistance.

            Comment


            • #7
              Public assistance.

              [QUOTE=mshan61;494806]There is a question on i 485 that i have received public assistance or no

              My wife received CHIP prenatal which is basically health coverage for baby not her.. during pregnancy

              After delivery . my son( who is usa citizen) is receiving chip medicaid for doctor visits

              My wife is not receiving any thing just my son is

              so i should answer yes or no for public assistance question ?[/QUO
              Hi,
              Did u go through the interveiw?
              What happened to your case? did u get through the question if so please share your experience.

              Comment

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