Hello, my wife and I are U.S. citizens residing in NY. I’m looking for some direction regarding my 64 year-old Brazilian mother-in-law. My wife (her daughter) and myself sponsored her mother and father’s green card application in 2020. Both have since received their green card. Her father has since returned to Brazil, over a year ago, and am not sure if he will be returning We know that her mother is eligible for Medicaid but am not certain if my wife and I can be held financially responsible for her accrued Medicaid medical charges as we both were her sponsors in 2020. I’ve read that there is a difference between emergency Medicaid and non emergency Medicaid, but am not certain if New York is a state that attempts to recover funds from sponsors. Any help from someone would be more than appreciated. Thank you!
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Medicaid for Brazillian Mother-in-law
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If your mother-in-law's income is low enough, she is eligible for regular Medicaid (not Emergency Medicaid) in New York state. See this, page 7. In the first 5 years, she is not eligible for federal Medicaid, so her regular Medicaid is paid solely by the state and local governments. As for I-864 obligations, it she uses "means-tested public benefits", the sponsor(s) can be asked for repayment. I-864 instructions says you need to look at I-864P for the definition of "means-tested public benefits". I-864P says federal means-tested public benefits include Medicaid, but I'm not sure whether the Medicaid during her first 5 years would count as it is not federal Medicaid. I-864P says each state determines which are its state means-tested public benefits, so it is unclear whether her Medicaid will count. I am not aware of any state suing sponsors.
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Originally posted by NewyorkSponsorCouple View PostHello, my wife and I are U.S. citizens residing in NY. I’m looking for some direction regarding my 64 year-old Brazilian mother-in-law. My wife (her daughter) and myself sponsored her mother and father’s green card application in 2020. Both have since received their green card. Her father has since returned to Brazil, over a year ago, and am not sure if he will be returning We know that her mother is eligible for Medicaid but am not certain if my wife and I can be held financially responsible for her accrued Medicaid medical charges as we both were her sponsors in 2020. I’ve read that there is a difference between emergency Medicaid and non emergency Medicaid, but am not certain if New York is a state that attempts to recover funds from sponsors. Any help from someone would be more than appreciated. Thank you!
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