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Green Card holder on "public charge" medicaid & citizenship

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  • Green Card holder on "public charge" medicaid & citizenship

    When I got my green card, I decided to work on my own Startup company.

    But I'm not making a revenue, so after more than 5 years on Green Card, I ended up being enrolled to Medicaid but I never used it.

    With the recent "public charge" rule change, I'm worried that my citizenship will be affected because of my Medicaid.

    But I read some posts that this rule only applies to new Green Card application.... not for citizenship or GC renewal.

    I haven't applied for my citizenship and my GC is expiring in 2021. Now I'm worrying.

    Should I worry? Should I dis-enroll from Medicaid? Any advice is appreciated.

    Thanks.

  • #2
    It's a rule on public charge grounds of inadmissibility. Inadmissibility does not affect naturalization -- admissibility is not a requirement of naturalization. Inadmissibility also, for the most part, does not affect someone like you already has a green card. Even if you return from travel abroad, you are not considered to be seeking admission (and thus you are not subject to grounds of inadmissibility), unless you fall into one of several circumstances listed in INA 101(a)(13)(C), the most notable ones including being absent from the US for 180 days continuously, or engaging in illegal activity after departing the US.

    The final rule also reiterates that the rule does not generally apply to permanent residents:
    In general, the grounds of inadmissibility set forth in section 212(a) of the Act, 8 U.S.C. 1182(a), including public charge inadmissibility, do not apply to lawful permanent residents returning from a trip abroad.[footnote 163] Congress set forth the circumstances under which lawful permanent residents returning from a trip abroad are considered applicants for admission, and therefore, are subject to admissibility determinations, including an assessment of whether the alien is inadmissible as likely at any time to become a public charge.[footnote 164] If CBP determines that the returning lawful permanent resident is an applicant for admission based on one of the criteria set forth in section 101(a)(13)(C) of the Act, 8 U.S.C. 1101(a)(13)(C), including that the alien has been absent for more than 180 days, and that the alien is inadmissible under one of the grounds set forth in section 212(a) of the Act, 8 U.S.C. 1182(a), the law requires that the alien be placed into removal proceedings.[footnote 165]

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    • #3
      Originally posted by Cowboy1015 View Post
      When I got my green card, I decided to work on my own Startup company.

      But I'm not making a revenue, so after more than 5 years on Green Card, I ended up being enrolled to Medicaid but I never used it.

      With the recent "public charge" rule change, I'm worried that my citizenship will be affected because of my Medicaid.

      But I read some posts that this rule only applies to new Green Card application.... not for citizenship or GC renewal.

      I haven't applied for my citizenship and my GC is expiring in 2021. Now I'm worrying.

      Should I worry? Should I dis-enroll from Medicaid? Any advice is appreciated.

      Thanks.
      I'm in the same situation. It seems like it doesn't concern us though.

      Comment

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