country_canuck

Hi everyone,

i've been in the US since spring 2004, originally entering on a work visa. In November of 2006 I married a USC and a month later had a severe injury. I was covered under her insurance at the time, thankfully! That marriage fell apart during my recovery from the initial surgery, before I was able to adjust status and I was placed into removal. Prior to my master hearing I remarried to an USC and we have since won an appeal of the IJs decision of voluntary departure and have been interviewed by an officer of the service for the 130 that my wife petitioned for, just before the master hearing. The 130 was approved but we now have to wait until August of next year for the 485 hearing. I have a 485 and EAD in the system, the EAD is not approved yet.

My injury is acting up and I need further surgery in order to walk again.

The problem is that we simply cannot get coverage, affordably, for this surgery. It is a pre existing condition. The new PCIP is affordable, for us but I don't qualify. You must be a USC or legal permanent resident to qualify for this plan.

We are thinking the best solution would be for me to return to Canada where I can have the surgery free. Of course then I would likely not be allowed to return and our case would be considered abandoned. The next best solution is to manage the pain for another year, but I can't see myself working like this. I can't walk, or drive most days. If I did wait a year until my GC is approved, I can go to Canada for a few months? Yes? Get the surgery, recover enough to travel back?

Can anyone think of further solutions?

Cheers!

Noorah101

You are right, if you leave now, you will abandon your AOS process. I don't know if you have AP in hand, but even if you did, I'd hesitate to use it because of all your previous problems with immigration.

Once you have your green card, then yes, you are free to travel outside the USA for a few months (it's best to keep it less than 6 months), and return to the USA as a PR.

Rene

country_canuck

Rene,
we didn't even bother applying for the AP, totally useless in my case as I'm still in removal proceedings.

Further digging into the government PCIP plan I found this from pcip.gov:

"You must be a citizen or national of the United States or lawfully present in the United States."

lawfully present, I guess it depends on this arm of the gov's definition of lawfully present, but I believe I am now considered lawfully present by USCIS?

"In addition, to apply you must submit
A completed and signed application form
A copy of documentation of citizenship or legal presence in the United States"

but here it sounds like I will need the old green card?

Also, this is obviously a government subsidized program, would I even qualify if I had my green card? What is it? Means tested benefit? I wonder if this is one of those though? How do you find a list of means tested benefits?

Cheers!

jeffreyhy

Google?

Also, 9 FAM 40.41 Notes has a section discussing government benefits as they apply to immigration.

Regards, JEff

country_canuck

Jeff,

I have been googling it, however, I can't find anything pertinent. PCIP is a very new program, July 1st of this year. It doesn't appear to be means tested to me since anyone - rich or poor - can apply for it.

Cheers!

meauxna

Hi c_c.. I had a look this morning and I agree with what you just wrote.. I don't think it's means-tested AND the langauge about 'legally present' is not precise.

You've been working with an immigration lawyer.. have you put this question to them, about leaving temporarily?

Back to the insurance, that's a question you could confirm with your lawyer as well. 'legally present' means SOME sort of status. You couldn't be picked up and chucked out right now, so whatever it's called that you've got, must be something eligible (in my world of reasoning). I'm just not sure exactly what you've got that demonstrates your status or quasi-status.

Poppy girl

There are non profit orginizations in every city that will NOT turn anyone anyway regardless of your status, if you are on a low income start Googling.

country_canuck

hi!

Yeah, I did put a call in to them this afternoon but didn't hear anything back yet. The para I talked to hasn't even heard of this new PCIP yet so couldn't be any help at all other than suggesting I call the PCIP. I'll do that tomorrow and hopefully figure out if my EAD (when it arrives) will be suitable proof of legal status. Other than that, my status is "pending adjustment" I suppose. I don't know if that will do.

Cheers!

country_canuck

We aren't on a low income. We are on one income, well above poverty level. We tried to add me to my wifes insurance her employer agreed as long as we pay 100% of the additional premium. They don't have a group plan, they just provide her with private insurance, 50% of the premium which works out to $290 per month. The insce co said that the premium would be $1600 per month to add me, and it wouldn't cover my injury since it is pre-existing. We simply can't fit close to $1900 per month into our budget for healthcare. I looked around and got similar pricing for private for myself. Only one company would insure me, 6 denied me flat out. The one that would accept me was horrible insurance, if you could call it that! Couldn't afford it either.

PCIP is $495 a month and decent coverage. I hope I qualify.

Cheers!

meauxna

The EAD would be for sure.. I'm wondering if your 'status' is then PRUCOL? I don't know what evidence you'd have of that though, until the EAD.

I'm so sorry you're having such horrible pain on top of everything else. I hope you are writing an inspirational book.

Rete

I know that Patterson just signed in the "Obamacare" (their word, not mine) bill for New York State as reported yesterday in the news. Apparently this is the bill that offers insurance for those that have pre-existing conditions and cannot get health insurance because of the condition. Is this the same thing for PCIP?

You know, if worse comes to worse, major hospitals do have clinics that offer low cost, no cost or sliding scale cost treatments/services. Have you checked that out?

country_canuck

PCIP = Pre-existing Condition Insurance Program. The Feds run it in states that have not "joined" the program as of July 1st. It is for people who have been denied or have difficulty getting insurance due to a pre-existing condition. Of course, in January 2014 the pre-existing provision in "obamacare" kicks in and makes it law that insurance companies cannot deny coverage for pre-existing.

BTW: I did find out that Medicaid is not considered a means tested benefit as far as "public charge" goes. Particularily if the medical condition occurs after entry. This is important to note because in January 2014 by law every US resident will be required to carry health insurance and Medicaid will be extended to cover a wider spectrum of low income earners, well above current poverty level guidelines. It will be interesting to see how this plays out in time.

Of course our income is well above Medicaid levels but not high enough to afford private insurance, with an existing condition.