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New Definition of Public Charge Proposed

Cfa said:
Hi @Sm1smom hope you’re doing well and nice to meet you, thanks for your goodwill. I’m from South America and I have a doubt related to the public charge rule.

I was selected on the DV 2020. My wife and myself were in the US on Jan 2017, with our tourist visa, my wife was pregnant at that time and my son was born there on March, we left the US on May. We used emergency Medicaid.

I’m an Engineer, I speak english, my annual income is above $ 50K, I’m 32 years old, I have 2 credit cards from Bofa and a good credit history. We are a family of 3 members (my wife, my son and me).

But I’m a little bit worried about this new rule. I’m living in Venezuela.
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So what is your question?
 
I mean. having used a public benefit can affect me when I apply for the green card?
 
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Cfa said:
Hi @Sm1smom hope you’re doing well and nice to meet you, thanks for your goodwill. I’m from South America and I have a doubt related to the public charge rule.

I was selected on the DV 2020. My wife and myself were in the US on Jan 2017, with our tourist visa, my wife was pregnant at that time and my son was born there on March, we left the US on May. We used emergency Medicaid.

I’m an Engineer, I speak english, my annual income is above $ 50K, I’m 32 years old, I have 2 credit cards from Bofa and a good credit history. We are a family of 3 members (my wife, my son and me).

But I’m a little bit worried about this new rule. I’m living in Venezuela.
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With respect to the use of Medicaid, that is not relevant for public charge inadmissibility, because 1) Emergency Medicaid doesn't count, 2) Medicaid used by pregnant women doesn't count, and 3) Medicaid used before October 2019 doesn't count.

Other changes in the new rule include looking at age, income, etc., though it seems like those will not be negative factors for you.
 
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Nowadays my financial situation is way better than those days, but me and my family are quite worried about the possibility to get a GC.
 
Cfa said:
I mean. having used a public benefit can harm me when I apply for the green card?
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Expect the emergency medicaid to potentially come up. The CO would have access to data while reviewing your case prior to any interview. Your wife entered on a tourist visa knowing full well she was pregnant and would give birth during your intended stay in the US. Were you guys carrying funds to use for the US birth?
 
1AurCitizen said:
Expect the emergency medicaid to potentially come up. The CO would have access to data while reviewing your case prior to any interview. Your wife entered on a tourist visa knowing full well she was pregnant and would give birth during your intended stay in the US. Were you guys carrying funds to use for the US birth?
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First of all we travel with the intention of buying everything necessary for the birth of our son in Venezuela. but I had to travel for work to another country, while on vacation with my wife in the US. She stayed waiting for me. By the time I returned, a month later, my wife was 8 months pregnant, I was scared to go on an airplane with my wife and the possibility to delivered the baby there, I contacted the medicaid offices, but there was no possibility of paying them. I will also say in DS 260 that my wife used public benefits. Now I know that this is very delicate and that is why my concern. I ask God that everything goes well, if they call me to the interview.
 
Cfa said:
First of all we travel with the intention of buying everything necessary for the birth of our son in Venezuela. but I had to travel for work to another country, while on vacation with my wife in the US. She stayed waiting for me. By the time I returned, a month later, my wife was 8 months pregnant, I was scared to go on an airplane with my wife and the possibility to delivered the baby there, I contacted the medicaid offices, but there was no possibility of paying them. I will also say in DS 260 that my wife used public benefits. Now I know that this is very delicate and that is why my concern. I ask God that everything goes well, if they call me to the interview.
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What is your base for green card now? What route you are taking to get green card?
 
1AurCitizen said:
Expect the emergency medicaid to potentially come up. The CO would have access to data while reviewing your case prior to any interview. Your wife entered on a tourist visa knowing full well she was pregnant and would give birth during your intended stay in the US. Were you guys carrying funds to use for the US birth?
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Yes sir, I was carrying funds, but the company that I was working for, told me that, that was my last rotation because the project was going to an stand by. And one person showed up giving me the Medicaid option. And I was there thinking in my future, now with a baby and no money. Too many things at the same time. But thanks God everything went well! I’m indebted to that great country!
 
Cfa said:
Yes sir, I was carrying funds, but the company that I was working for, told me that, that was my last rotation because the project was going to an stand by. And one person showed up giving me the Medicaid option. And I was there thinking in my future, now with a baby and no money. Too many things at the same time. But thanks God everything went well! I’m indebted to that great country!
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I would like to reassure you, but I have seen on another forum someone refused a visa for having used US funding to deliver a baby while they were there on tourist visa, this is nothing to do with the new public charge rule, it was reported some months back. Usage of public funds has always been a risk factor for future visas. I don’t think anyone can tell you this application is without risk, at the same time, I don’t know if it is always a refusal or not so I would not tell you to not try. I have to say despite the reasons you gave, the timeline you provided of the birth looks like a deliberate effort to have the baby born in the US. Birth tourism is not illegal of course, but it’s supposed to be paid for in full.
 
SusieQQQ said:
I would like to reassure you, but I have seen on another forum someone refused a visa for having used US funding to deliver a baby while they were there on tourist visa, this is nothing to do with the new public charge rule, it was reported some months back. Usage of public funds has always been a risk factor for future visas. I don’t think anyone can tell you this application is without risk, at the same time, I don’t know if it is always a refusal or not so I would not tell you to not try. I have to say despite the reasons you gave, the timeline you provided of the birth looks like a deliberate effort to have the baby born in the US. Birth tourism is not illegal of course, but it’s supposed to be paid for in full.
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Sometimes visa officers deny nonimmigrant visas for usage of benefits under the ground of immigrant intent. But that does not apply to immigrant visas.
 
Hmm.. thus there'd be no penalty related to deliberate efforts towards birth tourism using US taxpayer funds.

I'd be curious how things play out when a CO sees a USC child on the ds260.
 
1AurCitizen said:
Hmm.. thus there'd be no penalty related to deliberate efforts towards birth tourism using US taxpayer funds.

I'd be curious how things play out when a CO sees a USC child on the ds260.
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Yep. That is another case where "moral character" (as in naturalization process) would factor in.
 
Hello Sm1smom, I have health insurrance but for some circumstances I found that the hospital can help in my deductible portion when my children visit for a medical reason (none of us citizen yet, just GC holder from DV) . Is it still consider public charge?
I’m applying for the Citizen in middle of June. Opinion and advise will be appreciated. Thanks
 
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DV immigrant said:
Hello Sm1smom, I have health insurrance but for some circumstances I found that the hospital can help in my deductible portion when my children visit for a medical reason (none of us citizen yet, just GC holder from DV) . Is it still consider public charge?
I’m applying for the Citizen in middle of June. Opinion and advise will be appreciated. Thanks
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I don’t know precisely what it is the hospital is offering you, I don’t know the terms and conditions based on what you’ve posted here, I have no idea what they’re tying the help in deductible portion of your insurance payment to, so I can’t say if that will end up being an issue for you or not.
 
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