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Medicaid assistance while AOS is pending

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  • Medicaid assistance while AOS is pending

    Hi guys

    Would taking Medicaid assistance for prenatal care and delivery hurt a pending AOS case? Can it cause your green card to be denied if you take Medicaid assistance for the pregnancy while living in the USA?

  • #2
    Non-cash benefits, including Medicaid that is not used for long-term institutionalized care, are not considered for "public charge" inadmissibility determination under current rules, so it should not affect your ability to get a green card under current rules. There is a proposed rule which would consider Medicaid for "public charge" inadmissibility determination, but even if it goes into effect, it would not consider benefits received before the rule goes into effect (a final rule has not yet been published, and it only goes into effect 60 days after a final rule is published).
    Last edited by samlynn; 08-12-2019, 06:19 PM.

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    • #3
      Thank you very much for your response. I’m tempted to use Medicaid but the fair of them using it against me is scary.

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      • #4
        Originally posted by Chellyf View Post
        Thank you very much for your response. I’m tempted to use Medicaid but the fair of them using it against me is scary.
        I would strongly suggest that you steer clear of any state or federal assistance benefits until your Green Card is issued.
        On a final note, if you intend to become a US citizen, the more reason to follow that advice as well.
        Cheers.

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        • #5
          An update: The final rule on public charge inadmissibility is out, and it will not consider the use of Medicaid for pregnant women, during pregnancy and up to 60 days afterwards. Also, the rule would only apply to applications postmarked after the effective date (October), and thus not affect pending applications.

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