GC for Parents - AOS and CP - Information Source

lp

Thank you lp, for sharing the info you know. I am sure it will help some MN residents in this forum. Your input is appreciated.
Let's hope that your parents can benefit from the state insurance policy and hopefully that is affordable too. Please post any updates in this context.
 
gtvsc

What a detailed post, gtvsc! Thanks a lot for taking the time to explain what you know in such depth. I appreciate your efforts on this, very much. It made a few thing clear for me.

I have a few questions, although hypothetical..
When you said even after 5 years of being a legal resident, the parents will be subject to “sponsor deeming” - will the same thing be applicable to them if after 5 years they are USCs? In other words if they are USCs and if they are still under 65, will the sponsor's or sponsor's spouse income be taken into account for “sponsor deeming”? In my understanding they should not, as the sponsor's responsibility ends when a PR files for CZ.

On the same line, this is a copy paste from what I found on a search for NJ benefits. Don't know if this info is the latest..
New Jersey officials indicated that the state had decided to continue providing Medicaid benefits to legal immigrants in the United States as of the passage of the reform law. State policymakers indicated that despite support for immigrant restrictions at the federal level, there was little support among either state policymakers or the public to limit health care benefits to current legal immigrants. In fact, under Work First New Jersey, the state will make current legal immigrants eligible for both welfare and Medicaid. New Jersey officials also indicated that they plan to provide Medicaid benefits to new immigrants after the five-year bar but that the state will not use its own funds to provide Medicaid for legal immigrants during the bar, as some other states have done.

From this, it seems like "Sponsor deeming" is not applicable for NJ residents, after the 5 years bar whether or not they become USC.

I don't know a lot about this I've to admit, but medicaid also seem to cover hospitalization, medical exp, doctor visits, prescription. Is there something I'm missing - why is medicare preferred over medicaid. If you have some links that can give some more info on these two, that would be helpful.

Anyway, with medicare not available, the best we can hope for is state funded/aided policy or plan. When I googled various search terms, I am unable to find much info on NJ state's medical assistance for non-citizen immigrants. Thanks for mentioning the Princeton hospital and also for checking with your friends. I asked a few friends myself and they couldn't help. Will check around..
Once again, please share any new info that you come across --
also others who are reading this, please share what you know about this.
 
Medical Assiatance, Medicare, Medicaid...

jenimmi said:
What a detailed post, gtvsc! Thanks a lot for taking the time to explain what you know in such depth. I appreciate your efforts on this, very much. It made a few thing clear for me.

I have a few questions, although hypothetical..
When you said even after 5 years of being a legal resident, the parents will be subject to “sponsor deeming” - will the same thing be applicable to them if after 5 years they are USCs? In other words if they are USCs and if they are still under 65, will the sponsor's or sponsor's spouse income be taken into account for “sponsor deeming”? In my understanding they should not, as the sponsor's responsibility ends when a PR files for CZ.

On the same line, this is a copy paste from what I found on a search for NJ benefits. Don't know if this info is the latest..


From this, it seems like "Sponsor deeming" is not applicable for NJ residents, after the 5 years bar whether or not they become USC.

I don't know a lot about this I've to admit, but medicaid also seem to cover hospitalization, medical exp, doctor visits, prescription. Is there something I'm missing - why is medicare preferred over medicaid. If you have some links that can give some more info on these two, that would be helpful.

Anyway, with medicare not available, the best we can hope for is state funded/aided policy or plan. When I googled various search terms, I am unable to find much info on NJ state's medical assistance for non-citizen immigrants. Thanks for mentioning the Princeton hospital and also for checking with your friends. I asked a few friends myself and they couldn't help. Will check around..
Once again, please share any new info that you come across --
also others who are reading this, please share what you know about this.

Hi, Jen,

Here is my understanding to your question.

a. If the legal immigrant becomes a US citizen, sponsor's responsibility ends, and the “sponsor deeming” rule no longer applies. By all means, a sponsored immigrant should always become a US citizen ASAP, so he/she can apply for all possible benefits such as Medicaid, Food Stamp, etc. The major hurdle to become a US citizen might be the language test (This should not be a problem for most Indians, but it is a problem for most old immigrants from China and other countries).

b. As far as I know, “sponsor deeming” is practically used only in the federal level. Even though the federal government encouraged all States to do the same, currently, most states do not adopt this rule (I have heard that Colorado had tried to do this). Even though the State may not use the deeming rule now, the State has the right to go after the sponsor in the future (I know the chance of the State doing that is slim, but…).

c. The quote in your post looks like pretty old, since the same article also mentioned New Jersey Governor Whiteman, who was a governor before McGreevey. New Jersey is much worse compared to PA as far as benefits are concerned. I have friends coming from NJ to PA mainly for their parents’ health coverage. As far as I know, new immigrants are not eligible for NJ Medicaid, however, qualified immigrant children and parents (65 years old or above?) can receive NJ FamilyCare. Check http://www.accessproject.org/adobe/healthcare_access_nj.pdf,
http://www.state.nj.us/humanservices/dmahs/dhsmed.html and
http://www.nilc.org/pubs/guideupdates/tbl10_state-med-asst_2006-01.pdf
for some information regarding Medicaid and FamilyCare in NJ.

d. Medicaid covers almost everything with very low co-pay (much lower than the co-pay we are paying with HMO or PPO). I don’t think Medicare is really better than Medicaid. These are just two different animals. Medicaid was created for the nation’s poor people, citizens as well as legal immigrants, in 1965. It has changed A LOT. It is now mainly for the aged (65 and above), or disabled, and for kids and pregnant woman with low family income/asset. Most Americans use Medicare because their income (even though they are retired) is higher than the limit for Medicaid, I guess. By the way, there is a pretty high premium for Medicare recipients. As a matter of fact, some low income Medicare recipients did apply for Medicaid also.

BTW, if you don’t have any other option. You always have Emergency Medicaid. Don’t delay, hesitate and wait. Send your parents to a hospital if your parents really need medical services. Check http://www.state.nj.us/humanservices/dmahs/emergencypayment.html. Note that, at least in PA, emergency does not necessarily mean that you have to go to the Emergency Room of a hospital. Any medical condition which might potentially damage the function of a part of your body is an emergency medical condition.
 
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Thank You!!!

Excellent compilation of info, gtvsc!
Once again a lot of useful information in your post. It has clarified some very basic questions I had in mind. Thank you!

You said:
At least in PA, emergency does not necessarily mean that you have to go to the Emergency Room of a hospital. Any medical condition which might potentially damage the function of a part of your body is an emergency medical condition.

Something along those lines happened to my Dad when he was here on visitors visa the last time. It didn't warrant a trip to the ER, but it was emergency enough, if left untreated for a while, it could have been a potential risk to his life. We ended up paying out of pocket for his doctor's visit and treatment and it was not cheap.

You said that's how emergency condition is interpreted in PA. How do I find out if this is the case in NJ? Should I call hospitals, just for an idea? I couldn't get the answer when I called the 1 800 number on the last link.
 
Emergency Medicaid

jenimmi said:
Excellent compilation of info, gtvsc!
Once again a lot of useful information in your post. It has clarified some very basic questions I had in mind. Thank you!

You said:


Something along those lines happened to my Dad when he was here on visitors visa the last time. It didn't warrant a trip to the ER, but it was emergency enough, if left untreated for a while, it could have been a potential risk to his life. We ended up paying out of pocket for his doctor's visit and treatment and it was not cheap.

You said that's how emergency condition is interpreted in PA. How do I find out if this is the case in NJ? Should I call hospitals, just for an idea? I couldn't get the answer when I called the 1 800 number on the last link.

In PA, a patient with medical emergency can go to any doctor's office, as long as the doctor is willing to accept you, willing to get paid through Medicaid and willing to provide a letter stating that the patient's condition is an emergency. However, most aliens (qualified or not) still like to go to an emergency room since the doctors and administrators there know the procedure to get paid through Emergency Medicaid. In PA, if the alien patient is admitted into the hospital after an emergency treatment, a social worker will contact the patient and do the application for the patient, as long as the patient informs the hospital that he/she does not have any insurance nor has any income, when he/she checks in. I took my father to an emergency room once for short of breath and chest pain and he was admitted to the hospital for 4 days. The social worker did the application for him. I had a long talk with the social worker. He encouraged me to take my parents to the emergency room whenever they don't feel good. His advice is that let the parents sign all the hospital documents.

I know that it is a different story in NJ. You need to inform the staff in the hospital that you need to apply for the Emergency Medicaid (called MEDICAL EMERGENCY PAYMENT PROGRAM FOR ALIENS), and you may have to have an interview with someone in charge of the program. I have heard that NJ also requires the alien to be over 65 years old to be eligible for this program. There must be some other programs for aliens younger than 65 years old in NJ. I know that calling these 1-800 numbers seldom works, but sometimes, we may have to dig deeper and deeper to get the information. I don't mean that I don't want to pay the medical bill for my parents. It is just beyond my ability. The bill of my father's last visit is over 40k (I don't know how much the program has paid, maybe 10%), and the doctors did very little (no surgeries whatsoever). What if something really serious happened?
 
Once again, a big thank you for the explanation, gtvsc!

Yes, you cannot take a risk - it was a good thing you took your father to the ER. It's scary thinking about bills of that magnitude. Just curious, for the bill that is 40k +, if you think the Emergency medicaid program paid only 10%, who is/will be paying the rest?
 
mkrishnarevera said:
Hello:

Would anyone know if there is a particular format for non availability certificate that I should use for birth certificate from district office in India?

Thanks a Lot

Murthy

I don't think there is a particular format for non availability certificate. Here is a sample from immihelp.com website

http://www.immihelp.com/nri/sample-no-availability-certificate.html
+++++++++++++++++++++++++
Government of Maharashtra
Department of B.D.O Office, Mumbai

Non-availability Certificate: Issued under Section 17 of the Hindu Marriage Act, 1969.

This is to certify that a search has been made on the request of <your name>, son of <father’s name> in the Municipal registration record for the year(s) 1965-1975 relating for Mumbai, Maharashtra and found that the birth record of <your name>, son of <father’s name> is not registered/available.

Signature of Issuing Authority

Seal:
Date: <today’s date>

+++++++++++++++++++++++++++++

We got non availability certificate from Mumbai for my mother. The office had its own format which was similar to the one above but I believe it also had the birth date on it. We have not used it yet.
 
jenimmi said:
Once again, a big thank you for the explanation, gtvsc!

Yes, you cannot take a risk - it was a good thing you took your father to the ER. It's scary thinking about bills of that magnitude. Just curious, for the bill that is 40k +, if you think the Emergency medicaid program paid only 10%, who is/will be paying the rest?

My guess is that nobody pays the rest. Maybe 10% is a little exaggeration. The hospitals and the doctors just charged too much. Just like those insurance companies, Medicaid also has agreements with doctors and hospitals on the charge of each service. Look at your EOB from the insurance company, the doctors always charged ridiculously more than the insurance program really paid. My daughter once had a minor surgery in a hospital (had a foreign object in her left eye removed), and the hospital's claim to the insurance company was over $12,000. Guess what, my insurance company only paid the hospital $132.

BTW, a bill like 40+K is very common in a hospital. My friend's father once had a stroke, and was sent to the hospital with a helicopter. He stayed in an Intensive Care Unit for a week, and had some major surgeries. His final bill was over quarter million dollars!!
 
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Thanks, gtvsc. You are right about the hospitals / doctors over-charging.
I once went to a out of network dentist for an emergency and I was slapped with a huge bill. Since then, I learned my lesson. Go always In-network - with this the doctors / hospital is content to take just what the insurance company pays. The minute they know you are out of network, then their rates soar high.

ejazharoon:
Thanks for dropping by :)
I'm not planning to touch that other thread.
I'm also going to copy paste your excellent links in this thread. So, if someone searches for the term "medical", this would show up.
 
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More lijnks on Medical benefits

Courtesy: ejazharoon

Parents may be eligible for Medicaid after 5 years of LPR. As page 11 of the attached link points out, however, this is a state option and all states except CO and UT have opted to cover such persons.

http://waysandmeans.house.gov/media...03/MEDICAID.pdf

If they are over 65, income and assets will still be checked. Here are the income and asset limits for IN, for example:

http://www.indianajustice.org/Data/...105medicaid.pdf

If parents have been LPR's for 5 years, sponsor's income and assets may or may not be included for determining Medicaid eligibility. This is known as "sponsor deeming", see link below:

http://www.healthassistancepartners...y_Rules17bb.doc

Are there alternatives other than Medicaid for nonworking LPR parents? Not sure, but High Risk Insurance Pools (see the link below for AR CHIP) may be one way to obtain coverage:

http://www.chiparkansas.org/eligibility/

Suzy: The link below appears to mean that green card holders with 40 calendar quarters of work may be eligible for Medicare:

http://www.utahcares.utah.gov/infos...cision_Tree.htm
 
USC just turned 21, would like to file for parents GC

This scenario may have already been explored in some other threads/replies. I would appreciate if someone could provide insight, if they fully understand.

1. Timeline - current.
A family of 3 - GC parents and a USC child(1-2 yrs old). Child is a US citizen by birth. One of the parents worked in the US for nearly 10 years. The family(parents and child) returned to India, few years later lost GC status as the GC was not maintained.

2. TIme moves on... ~20 year later..

The child turns 21. But the child still lives with parents in India. The family would like to move back to the US, for whatever reason. So, the child, now 21, files for parents GC.

I am assuming as a US citizen, the child can live outside the country for any duration he likes. ?

For filing parents GC :

The concerns would be - the 21 yr old did not live in the US apart from periodic visits with parents. Does NOT make any money yet, atleast in the USA.

The question is, do you see any issues with the parents application for the GC ? Assume the parents are pretty well off and can show evidence(I864)of plenty of funds.

Another question - Even if he is not making any money (anywhere - India or US) till 22 yrs of age, does he (or a guardian/parent) have to file US taxes
 
jenimmi, i have been away for a while so i havent checked the boards in a long time. how did your parents cases go? i recall you had an interview for your mom???your mom's dates were similar to my moms. i still havent aheard anything about my mom's case... i called uscis on friday, and some guy answered, and told me that they are working on applications that were submitted in october... i told him uscis site says they are working on I130's submitted in february 2006, he said... no this is employment based, besides the I130 isnt my concern!!... i tried explaining that it family based, and kept rereading the uscis site to him, but obviously he didnt know what he was talking about, so i just gave up and stopped arguing.... I also didnt say that my dads case was in december and it was approved months ago , so there is no way the CSC is still processing october applications.now all i can say is, my mom's case has been in CSC since early june.... and nothing so far... any suggestions?i am losing hope here!!
 
Non-Availability Certificate

It is great thread. Thanks all for maintaining it.

I recently got my citizenship and planning to apply GC for my parents who are currently living with me. I have two questions. I would greatly appreciate if someone can help me out.

1. We have the notarized affidavit for my parents birth certificate and marriage certificate. We tried getting non-availability certificate but we could not get it till now. Because my parents were born in a place which became part of another state after their birth. As a result their birth were recorded in different language. The person who knows that language comes to this birth recording office once in 2 or 3 months. Will I be able to process GC with out non-avilability certificate.

2. Since my parents are here I assume that i don't have to get any police verification or something similar to that from my country.

Anyhelp is appreciated.
 
Fairfax,

You can go ahead and apply. You'll get an RFE later on requesting this additional information. At that time you can send it in. But the downfall of this plan is that you'll be given limited time to respond to the RFE. If you are confident about the timeline of securing the non-availability cert is within the now and the requested time then this is the best way.

You are right about not requiring the PCC from ur home country since ur parents are US residents.

Good luck!!!
 
gcmaze -

At this point, it's the 485 processing date that is relevant. Try calling the 1-800 number again and ask them about 485 not 130. Hopefully you'll get someone who can help you. If not, make an info pass appt at your DO.
It does seem unusual for the case to be sitting at CSC since June without any progress. What does the case status say online?
Anyhow, make an InfoPass appt at your DO ASAP. When you're there ask them what's going on with your Mom's case when your father's got approved a long time ago.

My mom got her GC a few days ago, after an interview-- that was 7 months from filing. I've posted the details somewhere in this thread.
 
FairfaxResident said:
It is great thread. Thanks all for maintaining it.

1. We have the notarized affidavit for my parents birth certificate and marriage certificate. We tried getting non-availability certificate but we could not get it till now. Because my parents were born in a place which became part of another state after their birth. As a result their birth were recorded in different language. The person who knows that language comes to this birth recording office once in 2 or 3 months. Will I be able to process GC with out non-avilability certificate.

You'll definitely need a Birth Certificate or a NABC. Without either of this, you're almost guaranteed to get a RFE. In my Mom' case, even though we filed NABC plus multiple affidavits with the application, we were still asked to show the original BC/NABC at interview.
From what you're saying it looks like BC is already there but in a language other than English. If you or your parents can find a certified translator in India or US (other than the only one who is available after 2 or 3 months), then have the BC translated. You can file this traslated one plus the original with the application. If you cannot find a translator, can your parents get a NABC from the state they were born in? This way if you have all the docs ready when filing, you'll save the unnecessary delay RFE causes. High School / College certificate of parents with their DOB also help as supporting docs - but primary docs are BC/NABC.

If it's of any consolation to you, parents of a friend of mine went all the way from the South to Central India, just to get the NABC.
 
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Hello:

We are filling up the DS230 Part I for both my parents. Do I need to send the biographic copies of both of their passports along with each of their DS230 Form?

Thanks a Lot

Murthy
 
Marriage Certificate question

My wife is sponsoring her parents who got married 30+ years ago in Mumbai but their marriage was not registered. The registrar's office there does not issue a Non-availability certificate now. However ,they gave an option to register their marriage as having occurred 30+ years ago but this requires a no-objection posting in their office for 1 month after which the certificate would be issued. Has anyone pursued this option? OR would getting affidavits from 2 people present at the wedding suffice? What has been other's experience?
 
mkrishnarevera said:
Hello:

We are filling up the DS230 Part I for both my parents. Do I need to send the biographic copies of both of their passports along with each of their DS230 Form?

Thanks a Lot

Murthy

For each DS-230, it's own copy of biographic page of PP.
 
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