Public Charge issue

[immquestion]

Hi my spouse on F1 visa got the 1095-A form. we have applied for insurance through Mahealthconnector. He had insurance from Health connector and have form 1095-A, till Marc 2019.

Will this come under public charge, please

Thanks

[immquestion]

Does having a 1095-A form mean one have used public benefits?

[Cornflake]

I'm not familiar with Mahealthconnector. But if it's an ACA plan and he used the premium tax credit, my understanding is that it could be considered under public charge. That doesn't mean that his case would be refused! I believe that they look at every case as a collection of "positive" factors and "negative" factors, and using the ACA premium tax credit could be seen as one negative. It may not be an issue if other circumstances are broadly positive.

You suggest that he only used that plan until March 2019. If that's the case, and if his current health insurance plan has no public charge concern, USCIS might regard that favorably.

[000000]

IF it is a public charge, perhaps this helps... (I dont know if many people will know since this is only in effect since february and there havent been many adjudications since its in effect to compare notes)

https://www.uscis.gov/news/public-ch...ublic%20charge.

&

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Under the final rule, a public charge is defined as an alien who has received one or more public benefits, as defined in the rule, for more than 12 months within any 36-month period.

The final rule defines public charge as an alien who receives one or more public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).


Under the final rule, “likely at any time to become a public charge” means more likely than not at any time in the future to become a public charge (in other words, more likely than not at any time in the future to receive one or more of the public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period, such that, for instance, receipt of two benefits in one month counts as two months).

However, receiving public benefits does not automatically make an individual likely at any time in the future to become a public charge

[immquestion]

I'm not familiar with Mahealthconnector. But if it's an ACA plan and he used the premium tax credit, my understanding is that it could be considered under public charge. That doesn't mean that his case would be refused! I believe that they look at every case as a collection of "positive" factors and "negative" factors, and using the ACA premium tax credit could be seen as one negative. It may not be an issue if other circumstances are broadly positive.

You suggest that he only used that plan until March 2019. If that's the case, and if his current health insurance plan has no public charge concern, USCIS might regard that favorably.

This is the detail of the Massachusetts Health Connector?Please

[immquestion]

IF it is a public charge, perhaps this helps... (I dont know if many people will know since this is only in effect since february and there havent been many adjudications since its in effect to compare notes)

https://www.uscis.gov/news/public-ch...ublic%20charge.

&

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Under the final rule, a public charge is defined as an alien who has received one or more public benefits, as defined in the rule, for more than 12 months within any 36-month period.

The final rule defines public charge as an alien who receives one or more public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).


Under the final rule, “likely at any time to become a public charge” means more likely than not at any time in the future to become a public charge (in other words, more likely than not at any time in the future to receive one or more of the public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period, such that, for instance, receipt of two benefits in one month counts as two months).

However, receiving public benefits does not automatically make an individual likely at any time in the future to become a public charge

Massachusetts Health connector does not fall into these categories


Benefits Considered


DHS will only consider public benefits as listed in the rule, including:

• Supplemental Security Income;
• Temporary Assistance for Needy Families;
• Any federal, state, local, or tribal cash benefit programs for income maintenance (often called general assistance in the state context, but which may exist under other names);
• Supplemental Nutrition Assistance Program (formerly called food stamps);
• Section 8 Housing Assistance under the Housing Choice Voucher Program;
• Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
• Public Housing (under the Housing Act of 1937, 42 U.S.C. 1437 et seq.); and
• Federally funded Medicaid (with certain exclusions).

any one please guide me.

[verbose]

Also, the premium tax credit question comes into picture if he took that credit for his CURRENT insurance, not for the past insurance which seems to be the case here.
You can see ques 15 A. in I-944

[angelica]

Hi my spouse on F1 visa got the 1095-A form. we have applied for insurance through Mahealthconnector. He had insurance from Health connector and have form 1095-A, till Marc 2019.

Will this come under public charge, please

Thanks

Health Connector is Massachusetts' ACA marketplace. It's perfectly fine to use plans from the ACA marketplace. They are not considered in public charge determinations. (And someone on F1 won't qualify for any benefits that are considered in public charge determinations anyway.)

[immquestion]

Also, the premium tax credit question comes into picture if he took that credit for his CURRENT insurance, not for the past insurance which seems to be the case here.
You can see ques 15 A. in I-944

https://www.ashlandmass.com/Document...their%20budget.


this is the link of the picture of the picture is not clear.

[immquestion]

Health Connector is Massachusetts' ACA marketplace. It's perfectly fine to use plans from the ACA marketplace. They are not considered in public charge determinations. (And someone on F1 won't qualify for any benefits that are considered in public charge determinations anyway.)

Thanks

why please

(And someone on F1 won't qualify for any benefits that are considered in public charge determinations anyway.)???

[angelica]

But if it's an ACA plan and he used the premium tax credit, my understanding is that it could be considered under public charge.

Nope. The Premium Tax Credit and Advance Premium Tax Credit, or any other tax credits, are not considered for public charge determinations. See USCIS Policy Manual Volume 8 Part G Chapter 10 section A-2:

In addition, USCIS does not consider any tax-related cash benefit including:

• Premium Tax Credit (PTC);
• Advance Payment of Premium Tax Credit (APTC); and

And USCIS Policy Manual Volume 8 Part G Chapter 10 section B-1:

Other benefits not considered public benefits in the public charge inadmissibility determination include, but are not limited to:

• Tax Credits;

[angelica]

Thanks

why please

See USCIS Policy Manual Volume 8 Part G Chapter 10 section B-1:

Other benefits not considered public benefits in the public charge inadmissibility determination include, but are not limited to:

• Health Insurance through the Affordable Care Act;

[verbose]

angelica That’s interesting information about PTC and APTC.
I am wondering why I-944 Declaration of Self Sufficiency has a question about whether beneficiary has received PTC or APTC on their current plan...

[angelica]

angelica That’s interesting information about PTC and APTC.
I am wondering why I-944 Declaration of Self Sufficiency has a question about whether beneficiary has received PTC or APTC on their current plan...

That's because having ACA insurance without subsidy is considered a "heavily weighted positive factor". See USCIS Policy Manual Volume 8 Part G Chapter 9 section A-4:

For purposes of the public charge inadmissibility determination, private health insurance is considered a heavily weighted positive factor in the totality of the circumstances and includes, but is not limited to:

• Private health insurance provider through the Patient Protection and Affordable Care Act (ACA) Health Marketplace without a subsidy;

That doesn't mean having ACA insurance with subsidy is a negative factor; it's just not a "heavily weighted positive factor".

[immquestion]

That's because having ACA insurance without subsidy is considered a "heavily weighted positive factor". See USCIS Policy Manual Volume 8 Part G Chapter 9 section A-4:


That doesn't mean having ACA insurance with subsidy is a negative factor; it's just not a "heavily weighted positive factor".

My spouse had that from Sep 2018 to March 2019. I got Private insurance after that Blue Cross Blue Shield. when filling the form I944 do we have to say my spouse have taken public benefits or not.