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Medicaid mistakenly added LPR before 5 year mark

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  • Medicaid mistakenly added LPR before 5 year mark

    My husband has his citizenship interview coming up. In November 2015 we applied during the open enrollment for health insurance for the following year. Medicaid detected we qualified and backtracked all the way to May and marked him as a Medicaid recipient even though he had work insurance the whole year and never used Medicaid. I contacted them and told them we were applying for the next year and remove him from Medicaid, however looking over tax returns they did not do so. The question is, is this going to cause a problem in getting citizenship?

  • #2
    Originally posted by Drcat View Post
    My husband has his citizenship interview coming up. In November 2015 we applied during the open enrollment for health insurance for the following year. Medicaid detected we qualified and backtracked all the way to May and marked him as a Medicaid recipient even though he had work insurance the whole year and never used Medicaid. I contacted them and told them we were applying for the next year and remove him from Medicaid, however looking over tax returns they did not do so. The question is, is this going to cause a problem in getting citizenship?
    Check out this story:


    The White House is reviewing a proposal that could penalize immigrants who use certain government programs, the Department of Homeland Security confirmed Thursday.


    One never knows what will happen in the future.
    I went to a conference at the USCIS offices in L. A.
    They said that the "rules" were changing daily.
    Not to be fearful, but try your best to look your best.

    JMHO, I am not a lawyer, and this is not legal advice.

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    • #3
      Originally posted by Drcat View Post
      My husband has his citizenship interview coming up. In November 2015 we applied during the open enrollment for health insurance for the following year. Medicaid detected we qualified and backtracked all the way to May and marked him as a Medicaid recipient even though he had work insurance the whole year and never used Medicaid. I contacted them and told them we were applying for the next year and remove him from Medicaid, however looking over tax returns they did not do so. The question is, is this going to cause a problem in getting citizenship?
      Drcat,

      I think this link may be of interest to you. https://www.uscis.gov/greencard/public-charge
      " What is a public charge and when does it apply?
      A. For purposes of determining inadmissibility, ?public charge? means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

      A number of factors must be considered when making a determination that a person is likely to become a public charge.

      Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." **** Public charge does not apply in naturalization proceedings. **** If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

      I would insist on having the record corrected but as of right now, it sounds like your husband would be fine. If it comes down to it, you can show he has not submitted any claims. But it will not get to that point.

      All the best.

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