California Immigration Lawyer Blog

I recently wrote a post on whether the receipt of health insurance through San Francisco Healthy Families made that person a public charge. I concluded that it did not.

Soon after I wrote that post, United States Citizenship and Immigration Services ("USCIS") issued some new guidance on the definition of public charge. It is helpful because it lists many programs and specifies what does and not support a public charge definition. For instance, it clarifies that the receipt of unemployment compensation, Title II Social Security benefits and Veteran's benefits do not make an individual a public charge.

USCIS issued guidance on public charge determinations on October 20, 2009.

I recently had a client inquire as to whether her enrollment in San Francisco's "Healthy Families" health insurance plan would endanger her green card application because she might be considered a "public charge." I originally thought it would be a problem but it turned out not to be.

San Francisco has a health insurance program called "Healthy Families." It is for uninsured children and low income individuals living in San Francisco. Members pay a small monthly fee and the program is partly funded by the government.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."

An individual becomes a "public charge" when he or she is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

USCIS has a very extensive article on their website that discusses what type of benefits, if received, would and would not be relevant in a determination concerning public charge. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination. Specifically regarding San Francisco Healthy Families, USCIS states that Healthy Families benefits "are not considered for public charge purposes."

Last weekend I spoke at a conference for Social Security attorneys along with my colleague, David Wright. Our talk was about immigration issues that arise when representing applicants for SSI and/or SSDI. We gave examples from our own cases and discussed issues such as refugees applying for SSI, temporary residents applying for SSDI and the pitfalls that can occur when permanent residents apply for disability. There have been some recent changes to eligibility for SSI by certain groups of immigrants and we highlighted those changes.

You may find a copy of our written materials on my blog here.

Attorneys were interested in our presentation and now know some of the questions they should ask their clients before taking on representation.

On February 4, 2009, President Obama signed into law the 2009 Children's Health Program Reauthorization Act (CHPRA H.R. 2) . This law reauthorizes the Children's Health Program which provides money to the states for children's health. Included in the law is also a provision which removes the five year waiting period for legal immigrant children and pregnant women to access health coverage It does this by granting federal money to the states so that they may provide health coverage through CHIP and Medicaid.

This is a welcome development at a time when people may be losing health insurance as a result of a job layoffs.

I was at the eye doctor yesterday and my doctor asked me whether or not immigrants can receive Medicaid. This is a question I hear a lot. The answer to the question depends on a person's legal status in the United States, the date he or she entered the United States and the person's income.

Medicaid is a joint federal-state program that provides health insurance coverage to certain categories of low-income individuals, including children, pregnant women, parents of eligible children, seniors and people with disabilities. Each state administers its own Medicaid program. In California, the name of the program is Medi-Cal. In general, it is a program for people who have limited income and no health insurance or poor health insurance. There are various criteria for eligibility including age, pregnancy, disability, blindness, income and resources, and one's status in the United States. This blog post will focus on the legal status aspect.

First, in order to receive Medicaid, you have to be what is called a "qualified immigrant." Qualified immigrants include the following: 1) lawful permanent residents (green card holders); 2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry (in effect prior to April 1, 1980), or paroled into the United States for at least one year; 3) Cuban/Haitian entrants; 4) battered spouses and children with a pending or approved a) self-petition for an immigrant visa, or b) immigrant visa filed for a spouse or child by a U.S. Citizen or lawful permanent resident, or c) applicant for cancellation of removal/suspension of deportation, whose need for benefits has a substantial connection to the battery or cruelty. A parent/child of a battered child/spouse are also "qualified." Victims of trafficking are not included in the "qualified" definition but they and their derivative beneficiaries are eligible for benefits funded or administered by federal agencies, without regard to their immigration status. Any non-citizen who does not fall under one of those preceding categories would not be eligible for Medicaid.

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