public charge rule
 

Hi everyone, I had a question regarding the public charge rule. Currently my parents have health insurance together through Obamacare. My mother has a GC and my dad is undocumented. My mother is the primary policy holder. Currently her work is closed down so she is technically unemployed. Her healthcare representative informed her she can update her employment information and essentially get free health insurance for the time being through Medicaid. This would mean my dads health insurance would change to Medicaid as well. We are afraid that this will count against him when she eventually files for his AOS due to the public charge rules. Anyone have any insight into this? Any help/ advise on the right course of action is appreciated

Re: public charge rule
 

Yes, federally funded medicaid affects you as a public charge.

Re: public charge rule
 

This is From USCIS website

The list of public benefits considered for this purpose includes most forms of federally funded Medicaid (for those over 21), but does not include CHIP, or State, local, or tribal public health care services/assistance that are not funded by federal Medicaid. In addition, if an alien subject to the public charge ground of inadmissibility lives and works in a jurisdiction where disease prevention methods such as social distancing or quarantine are in place, or where the alien’s employer, school, or university voluntarily shuts down operations to prevent the spread of COVID-19, the alien may submit a statement with his or her application for adjustment of status to explain how such methods or policies have affected the alien as relevant to the factors USCIS must consider in a public charge inadmissibility determination. For example, if the alien is prevented from working or attending school, and must rely on public benefits for the duration of the COVID-19 outbreak and recovery phase, the alien can provide an explanation and relevant supporting documentation. To the extent relevant and credible, USCIS will take all such evidence into consideration in the totality of the alien’s circumstances.

Re: public charge rule
 

how is it possible for your father to be on your mom policy? I thought it all required a SS number and verification of status. Public charge became official on the form on Feb 20th 2020 but likely be removed if Biden wins. If your father doesn't have preexisiting conditions that requires medical care i would take him off for now. If he does then I would keep him on and wait to adjust when a Democrat president comes to the white house. Life > Status

Re: public charge rule
 

If you dont have medical conditions, hop off insurance and be without insurance... No big deal.

DO NOT get on medicaid.

Re: public charge rule
 

He has a SS number. He had H1B years back before he switched to my moms AOS case as a beneficiary. The case went haywire for several years so all the beneficiaries (my siblings, dad and I) lost status but a judge eventually granted my mom (and her only) a green card recently. As far as his verification of status goes, I can’t tell you how the health care rep fills out the application as I haven’t seen it myself. He had pre existing conditions so he can’t be without insurance. I think we will just stick to Obamacare for my parents for now and pay the premiums.

Re: public charge rule
 

Yeah I wouldn’t worry about the public charge then. Just keep him on. It will eventually be eased in a change of president.

Re: public charge rule
 

I will say that just because you have medicaid, doesn't mean that you will be deemed a public charge. A lot of factors are weighed when that assessment comes. I would look into if the medicaid option is state or federally funded.

Here's something from the NY state of health site.

"In New York, most immigrants are enrolled in the Essential Plan and are not impacted
by the Public Charge test. Of the limited number of immigrants who have Medicaid,
most are enrolled in Medicaid that is fully funded by the State, not the federal
government. This coverage is also not included as a factor under the new rule."

https://info.nystateofhealth.ny.gov/...%20NYSOH_0.pdf