Obamacare receipts won’t be eligible for Citizenship or Green Card soon

EB3India2002

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The most significant change to legal immigration in decades could affect millions of would-be citizens, say lawyers and advocates.

NBC News exclusive headlines

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This article doesn't have the text of the proposal. But the proposal has been reported on several times previously in the last several months, most recently in this article (paywall) in March, which has a copy of the draft text of the proposal.

In that copy of the text, it specifically excludes consideration of benefits that were not considered under the previous guidance, as long as such benefits are not used or received after the new rule takes effect (see page 209–210 of the PDF, in the proposed 8 CFR 212.22(e)). And under the previous guidance (see also USCIS page and page from Department of State's Foreign Affairs Manual), non-cash benefits such as Medicaid (except long-term institutionalized care), CHIP, WIC, Food Stamps, Obamacare subsidies, etc. are not considered when determining whether someone is likely to become a “public charge”. So even if the new rules are enacted, as long as you stop using such benefits before the new rule takes effect, it shouldn't affect your ability to immigrate. So you don't have to worry about it until it happens.

Let's wait to see what the final text of the rule says if and when they officially publish it for comment.
 
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