US visa

#1
Hi
My parents used to live in the US in 2000 till 2003 And I was born there so I have an American citizenship
But in 2003 my father had to go to our home country again because of green card problems that he lived illegally So we all came back after I made my passport
And then my mom got pregnant in 2012 and then it was a boy so she wanted to give birth in the us so he doesn’t have to be different than me and blah blah
So then she went
She gave birth and then she came back
And when she tried to apply for tourist visa about 6 years ago they declined her
Saying that he has insurance she needs to pay and of course it was sooo big and there was no insurance she had to pay because she was in this program and in a public hospital and she didn’t need to pay anything
But then this year I am 16 and I still have one year to graduate but of course I’ll go to the us but my mom wants to apply to get a tourist visa not to stay with me illegally but to at least have the right to come visit me so she can be relieved that I’ll be okay or that if something happens she can come to me
So she started to see what insurance she needed to pay and when she registered to this website that has her username and stuff related to the hospital and insurance thing that I don’t really get she found out that she has 0.00 to pay which was surprising
Why would you accuse us for not paying something that doesn’t even exist so she applied for an appointment in the us consulate to apply for tourist visa but they declined her again even though she has nothing to pay she has an American citizen daughter and son and the whoever was talking to her said that she doesn’t believe her
Well this is not a game
What doesn’t she believe
We have proof that she is my mother we have proof that I am American citizen
I have a passport
Social security number
And same as my brother
What should she do ?
Is it possible for her to get it ?
 

Sm1smom

Super Moderator
#2
there was no insurance she had to pay because she was in this program and in a public hospital and she didn’t need to pay anything ...
Why would you accuse us for not paying something that doesn’t even exist ... they declined her again even though she has nothing to pay she has an American citizen daughter and son and the whoever
First of all, there’s no such thing as a public hospital with some program which provides services free of charge in the US. Your mother utilized government benefits which she’s not eligible for as a tourist if your parents never paid for expenses associated with the birth. So her tourist visa denials are justified.

We have proof that she is my mother we have proof that I am American citizen
I have a passport
Social security number
And same as my brother
Having USC children is irrelevant to her being found ineligible for a US visa. You or your brother being USC conveys no special status to your parents.

But then this year I am 16 and I still have one year to graduate but of course I’ll go to the us but my mom wants to apply to get a tourist visa not to stay with me illegally but to at least have the right to come visit me so she can be relieved that I’ll be okay or that if something happens she can come to me
Being allowed to visit the US is a privilege not a right. Your mother may wish to visit you, but she doesn’t have the rights to be issued with a US visa, even if issued with the visa, she can still be denied an admission at the POE because being allowed into the US is also a privilege not a right.

All these may sound harsh to you but it is the truth. Your mom isn’t likely to be allowed to enter the US anytime soon. You may be able to sponsor her for a GC when you turn 21 though.
 

SusieQQQ

Well-Known Member
#3
What sm1smom says is correct.
The harsh truth is that your father lived illegally and your mother used public benefits which she was not entitled to. It is not surprising that they are not being granted tourist visas.
Not only does you being a USC not give your parents any rights to a tourist visa, it actually makes it harder as having you there gives them an incentive to stay illegally - you say they won’t but both parents have already flouted US laws so it’s not surprising a visa officer won’t trust them on that. The most surprising part of your story is actually that they allowed your mom in in 2012.
When you are 21 you can sponsor your parents for green cards, assuming you are living in the US and earning enough. The good news is that judging by the dates you gave, any ban your father might have had for illegal presence will be over by now (longest is 10 years).

By the way, just because you couldn’t find her name on some website doesn’t mean anything. The US does not offer free healthcare to tourists, she absolutely used benefits to which she was not entitled.
 

newacct

Well-Known Member
#4
Your mother utilized government benefits which she’s not eligible for as a tourist
It's not necessarily true that she wasn't eligible for it. Emergency Medicaid can cover emergency treatment in every state for low-income people regardless of immigration status. Some hospitals also have financial assistance/charity programs that pay the bills of people who can't pay.
 

Sm1smom

Super Moderator
#5
It's not necessarily true that she wasn't eligible for it. Emergency Medicaid can cover emergency treatment in every state for low-income people regardless of immigration status. Some hospitals also have financial assistance/charity programs that pay the bills of people who can't pay.
Can you show/provide an official link that says a tourist (who came into the US for the purpose of having a baby) is eligible for Emergency Medicaid to back up this claim? How does traveling to the US to have a baby qualify as an emergency medical treatment?
 

SusieQQQ

Well-Known Member
#6
It's not necessarily true that she wasn't eligible for it. Emergency Medicaid can cover emergency treatment in every state for low-income people regardless of immigration status. Some hospitals also have financial assistance/charity programs that pay the bills of people who can't pay.
Medicaid is public funding. Some states may not ask immigration status, it doesn’t change the fact that your mother was not entitled to use it. (I would point out that even illegal immigrants are resident US taxpayers. A tourist is not.) If your mother had declared at the border that her purpose of visit was to have a baby, she would have been asked to show that she had the funds to pay for the birth. She’s not the first one to be asked to repay the public funding used before a visa can be issued, this could even be an issue if you sponsor her for a green card later, not sure about that.

Also, it wasn’t an emergency. It was a planned visit to give birth, so there was misrepresentation involved somewhere if this is what she used.

Actions have consequences. At 16, maybe this is a good lesson for you to be learning now.
 

newacct

Well-Known Member
#7
Can you show/provide an official link that says a tourist (who came into the US for the purpose of having a baby) is eligible for Emergency Medicaid to back up this claim?
I found links from New York and Utah saying that visitors are eligible. But I found a document from Maryland that says visitors do not meet the residence requirement unless they have overstayed or applied to immigrate. So I guess it's kind of a mixed bag.
 

SusieQQQ

Well-Known Member
#8
I found links from New York and Utah saying that visitors are eligible. But I found a document from Maryland that says visitors do not meet the residence requirement unless they have overstayed or applied to immigrate. So I guess it's kind of a mixed bag.
Using emergency Medicaid for a planned birth visit?

Edit to add:

The Utah link says you have to be a Utah resident.

NY talks about for emergency medical treatment, and says “Such temporary non-immigrants may receive this coverage, provided they did not enter the State for the purpose of obtaining medical care.”. It was a planned birth, not an unexpected emergency.
 

Sm1smom

Super Moderator
#9
I found links from New York and Utah saying that visitors are eligible. But I found a document from Maryland that says visitors do not meet the residence requirement unless they have overstayed or applied to immigrate. So I guess it's kind of a mixed bag.
In addition to Susie’s response above, the NY link also says:

“This definition (of medical emergency) must be met, after sudden onset of the medical condition, at the time the medical service is provided, or it will not be considered an emergency medical condition and therefore, cannot be covered by Medicaid.“

A planned child birth in the US clearly doesn’t fall within the realms of a medical emergency. So I still stand by my previous post that the mother utilized public benefits she was not eligible for.
 

SusieQQQ

Well-Known Member
#10
Mexican tourist with US citizen child denied entry for having used medicaid previously for a birth; the cited reason was public charge (hard to argue against if you used medicaid), and they also used her use of US public funds as showing she had immigrant intent:

...entrants to the United States are inadmissible by law if they risk becoming a “public charge." Nicoll Gutierrez, he said, was found to have used “government assistance during a previous stay to pay for the expenses associated with having a child in the U.S. …
https://www.houstonchronicle.com/ne...urist-denied-entry-at-Bush-after-13139345.php

Silvia Mintz, immigration lawyer, said it is advisable that tourists pay any medical emergency with their own money. "If you can not cover it, make sure you can enter into a payment plan with the hospital or with Medicaid and pay it in full (...) so you do not risk your visa."
https://www.univision.com/univision...why-you-cannot-seek-welfare-on-a-tourist-visa

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Here is a similar question to OP's asked on Quora; the first response is from a retired consular officer (verified) and it's actually pretty harsh. I can't vouch for the reliability of the answers after hers.
https://www.quora.com/What-type-of-...events-me-from-obtaining-another-B-1-B-2-visa

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newacct

Well-Known Member
#11
Mexican tourist with US citizen child denied entry for having used medicaid previously for a birth; the cited reason was public charge (hard to argue against if you used medicaid), and they also used her use of US public funds as showing she had immigrant intent:

...entrants to the United States are inadmissible by law if they risk becoming a “public charge." Nicoll Gutierrez, he said, was found to have used “government assistance during a previous stay to pay for the expenses associated with having a child in the U.S. …
https://www.houstonchronicle.com/ne...urist-denied-entry-at-Bush-after-13139345.php
She was denied entry for immigrant intent. "She was found to be an intended immigrant and returned."

Use of Medicaid (other than long term institutionalized care) is not considered for public charge inadmissibility purposes under current rules; and use of Emergency Medicaid is not considered for public charge inadmissibility purposes under even under the proposed new rules (which have been put on hold).
 

SusieQQQ

Well-Known Member
#12
She was denied entry for immigrant intent. "She was found to be an intended immigrant and returned."

Use of Medicaid (other than long term institutionalized care) is not considered for public charge inadmissibility purposes under current rules; and use of Emergency Medicaid is not considered for public charge inadmissibility purposes under even under the proposed new rules (which have been put on hold).
But use of public funds by a tourist seems to have been enough for them to cite public charge. The second article also specifically cites the use of Medicaid (US public funds) as a reason for inferring immigrant intent: “Officials explained that she had received welfare and that this demonstrated her intention to stay in the country.”. So it’s not independent, even if you consider it a spurious reason. She also has a 5 year bar, so OP’s mom simply being denied a visa looks a better outcome.

I’m also not clear if the rules you link apply to tourists as well as immigrants. But it’s moot in my opinion. This is not the first case we’ve seen of a tourist visa being denied for using Medicaid for a birth previously, and it certainly won’t be the last. OP’s mom is not unusual in this sense.
 
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