Limiting Citizenship
#1
Limiting Citizenship
Not sure if this will affect me getting citizenship in a few years time:
https://www.nbcnews.com/politics/imm...m_npd_nn_fb_ma
Whilst I haven't received any government benefits (not paid enough into the system), my US wife did a few years ago (prior to me meeting her), when she was unemployed. My wife is obviously worried by this article. Personally, I'll just wait and see (what else can I do)?
At the moment, it looks more to be 'race' related.
https://www.nbcnews.com/politics/imm...m_npd_nn_fb_ma
Whilst I haven't received any government benefits (not paid enough into the system), my US wife did a few years ago (prior to me meeting her), when she was unemployed. My wife is obviously worried by this article. Personally, I'll just wait and see (what else can I do)?
At the moment, it looks more to be 'race' related.
#2
Re: Limiting Citizenship
Your naturalization eligibility is based on YOU and not on your wife. Besides her government benefits was probably unemployment benefits, which she paid into while working. It was not a hand out nor is it means tested benefit.
#3
Banned
Joined: Aug 2016
Location: Cascade Mountains, WA
Posts: 1,089
Re: Limiting Citizenship
I'm wondering how any GC holder can obtain means-tested benefits anyway. Soon after I arrived, hubby (USC) tried to claim food stamps during his down season. He's a landscaper and his wages go down significantly in the winter. As soon as they heard his wife is a GC holder it was game over before he had even finished filling out the form. He was told quite categorically that he cannot claim means-tested benefits because it is automatically assumed - in the case of married couples - that the benefits will be shared as we live under the same roof. So if a USC married to a GC holder cannot claim, how can any non-citizen legally claim?
So so it's not something I'm concerned about.
So so it's not something I'm concerned about.
#4
Re: Limiting Citizenship
The public charge limitation that applies to immigrant visas does not currently apply to N400 applications, and that cannot be changed unilaterally without Congress because it is set down in law in the INA. I don't see what the fuss is about.
#6
Re: Limiting Citizenship
I'm wondering how any GC holder can obtain means-tested benefits anyway. Soon after I arrived, hubby (USC) tried to claim food stamps during his down season. He's a landscaper and his wages go down significantly in the winter. As soon as they heard his wife is a GC holder it was game over before he had even finished filling out the form. He was told quite categorically that he cannot claim means-tested benefits because it is automatically assumed - in the case of married couples - that the benefits will be shared as we live under the same roof. So if a USC married to a GC holder cannot claim, how can any non-citizen legally claim?
So so it's not something I'm concerned about.
So so it's not something I'm concerned about.
#7
Account Closed
Joined: Mar 2004
Posts: 2
Re: Limiting Citizenship
It does happen and most often in it due to accepting Medicaid. One former poster of this forum had breast cancer. Husband was confined to a wheelchair due to a broken neck and could not walk. He was on social security disability and Medicaid. She had a green card and no healthcare insurance. The hospital social workers got her on Medicaid to pay all the medical costs of her testing, surgery, medications, chemo, radiation. That is similar to the Haitian immigrant who got Medicaid to help his daughter in the article. This former poster never naturalized, never had the money for the fee and no means to get to Pittsburgh for the test/interview. If this were to pass should she be rejected? Who knows.
In some places you can apply as a GC holder for Medicaid from day 1
#8
Forum Regular
Joined: Jan 2017
Posts: 246
Re: Limiting Citizenship
However, there is a public charge ground of deportability in the INA, INA 237(a)(5), that says people who become a public charge within 5 years of entry are deportable, unless they can show it is due to causes that arose after entry. So depending on how they change the definition of public charge, it can affect green card holders applying for naturalization, because you can't naturalize if you are being deported.
#9
Account Closed
Joined: Mar 2004
Posts: 2
Re: Limiting Citizenship
However, there is a public charge ground of deportability in the INA, INA 237(a)(5), that says people who become a public charge within 5 years of entry are deportable, unless they can show it is due to causes that arose after entry. So depending on how they change the definition of public charge, it can affect green card holders applying for naturalization, because you can't naturalize if you are being deported.
Did not know that so thanks
So in my State Medicaid for example require 5 years so ties in.
States like California who supply it from Day 1 also make the Immigrant deportable.
Way to go California.
#10
Re: Limiting Citizenship
I have been researching this topic myself having re-immigrated back to the USA April 2017 - a long story, but I am back! I just signed up for Covered CA as I had changed jobs and no longer had health care benefits and fit all other requirements such as lower income.
A lawful permanent resident (green card holder) is eligible for Medi-Cal regardless of their date of entry if they meet all other eligibility requirements. Under currentMedi-Cal policy, eligible green card holders get full scope Medi-Cal in California even if they have been in the United States for less than 5 years.Jun 24, 2015
From the PUblic Charge USCIS Fact Sheet
Benefits Not Subject to Public Charge Consideration
Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:
A lawful permanent resident (green card holder) is eligible for Medi-Cal regardless of their date of entry if they meet all other eligibility requirements. Under currentMedi-Cal policy, eligible green card holders get full scope Medi-Cal in California even if they have been in the United States for less than 5 years.Jun 24, 2015
From the PUblic Charge USCIS Fact Sheet
Benefits Not Subject to Public Charge Consideration
Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:
- Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care
#11
BE Enthusiast
Joined: Jul 2012
Posts: 574
Re: Limiting Citizenship
The plan is to redefine "public charge". They could go back and Rescind AOS. But they have a 5 year limitation on that (and Rescission is rarely used, although that could change). As for the impact on Naturalization, USCIS would have to make an argument that there was fraud in the original immigrant petition,or somehow there was abuse of welfare benefits which would lead the applicant to fail the Good Moral Character test. But if the original petition was legitimate, and the LPR did not abuse welfare/medicaid, the redefinition of "public charge" should not affect Naturalization.
#14
Forum Regular
Joined: Jan 2017
Posts: 246
Re: Limiting Citizenship
I have been researching this topic myself having re-immigrated back to the USA April 2017 - a long story, but I am back! I just signed up for Covered CA as I had changed jobs and no longer had health care benefits and fit all other requirements such as lower income.
A lawful permanent resident (green card holder) is eligible for Medi-Cal regardless of their date of entry if they meet all other eligibility requirements. Under currentMedi-Cal policy, eligible green card holders get full scope Medi-Cal in California even if they have been in the United States for less than 5 years.Jun 24, 2015
From the PUblic Charge USCIS Fact Sheet
Benefits Not Subject to Public Charge Consideration
Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:
A lawful permanent resident (green card holder) is eligible for Medi-Cal regardless of their date of entry if they meet all other eligibility requirements. Under currentMedi-Cal policy, eligible green card holders get full scope Medi-Cal in California even if they have been in the United States for less than 5 years.Jun 24, 2015
From the PUblic Charge USCIS Fact Sheet
Benefits Not Subject to Public Charge Consideration
Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:
- Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care
On page 209-210 of that draft it says benefits that were not considered under the previous guidance (e.g. non-cash benefits) will not be considered as long as you don't use them after 60 days after the final rule is published. So this is only for going forward, not benefits you received in the past.
Most of the draft is about public charge inadmissibility. But since you are a permanent resident, you don't care so much about inadmissibilty (unless you leave the US for more than 180 days, since shorter absences do not count as seeking admission) as deportability. The draft doesn't say much about deportability; on page 220 they started a new section about public charge deportability, but didn't finish it -- it just says "[TO BE INSERTED]", so we will have to see a more finished text to know how they are going to handle it.
#15
Re: Limiting Citizenship
I note with interest that there is also a provision on page 208 for checking the applicants credit history and credit score in relation to the public charge determination, that's never been the case before as far as I am aware.
Last edited by civilservant; Aug 11th 2018 at 9:46 am.