Advise - Moving my Mum from the UK to USA
#121
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: Advise - Moving my Mum from the UK to USA
NY is an exception to the rule.
Part of the affidavit of support that the financial sponsor signs, when you do the AOS is that recipient won't collect any federal means tested benefits and that the feds will be able to go after the sponsor to collect the money if they do.
The thing is, the feds rarely do and NY said if the feds can't be bothered then they will not enforce it, thus you can claim the benefits in NY.
Thing is, I have no idea how this would play out if the recipient were to then apply for US citizenship. Though at the age some of the folks are talking here, that could well be a moot issue....hopefully for you it won't be moot or a issue.
Part of the affidavit of support that the financial sponsor signs, when you do the AOS is that recipient won't collect any federal means tested benefits and that the feds will be able to go after the sponsor to collect the money if they do.
The thing is, the feds rarely do and NY said if the feds can't be bothered then they will not enforce it, thus you can claim the benefits in NY.
Thing is, I have no idea how this would play out if the recipient were to then apply for US citizenship. Though at the age some of the folks are talking here, that could well be a moot issue....hopefully for you it won't be moot or a issue.
When I was looking on the NJ site for jmood, it seemed to be one of those anomalous things you get here, need 5 years if you are a GC holder, but can go on it immediately of you don't have one.
#122
Account Closed
Joined: Mar 2004
Posts: 2
Re: Advise - Moving my Mum from the UK to USA
You would have thought the 'system' would stop people not eligible from applying. Most odd.
#123
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Joined: Dec 2013
Location: Consolacion,Cebu
Posts: 1,936
Re: Advise - Moving my Mum from the UK to USA
Sorry to butt in. If your father is from the UK then the Dept of pensions issue an annual statement of his pension. We get ours every year here in Cebu - around April due to time mail takes to get here!you should be able to get copy by contacting the International Pensions dept in Newcastle - link on the direct.gov.uk site. you can email them and they will respond - probably call you as well to check the facts. They are actually quite efficient.
#124
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: Advise - Moving my Mum from the UK to USA
Sorry to butt in. If your father is from the UK then the Dept of pensions issue an annual statement of his pension. We get ours every year here in Cebu - around April due to time mail takes to get here!you should be able to get copy by contacting the International Pensions dept in Newcastle - link on the direct.gov.uk site. you can email them and they will respond - probably call you as well to check the facts. They are actually quite efficient.
#125
Re: Advise - Moving my Mum from the UK to USA
Sorry to butt in. If your father is from the UK then the Dept of pensions issue an annual statement of his pension. We get ours every year here in Cebu - around April due to time mail takes to get here!you should be able to get copy by contacting the International Pensions dept in Newcastle - link on the direct.gov.uk site. you can email them and they will respond - probably call you as well to check the facts. They are actually quite efficient.
Why do you think that?
No he's not from India or anywhere in that region.
#128
Re: Advise - Moving my Mum from the UK to USA
In fact that is why Massachusetts was not overly concerned whether ACA passed or not since they were already getting federal money for their similar program. Initially I didn't realize that Massachusetts was already getting a ton of money from the federal government for their health care program so was surprised when they elected Scott Brown who was against ACA but after research, I discovered that it would likely be a break even situation for Massachusetts no matter which way it went.
Last edited by Michael; Jul 19th 2014 at 10:10 pm.
#129
Re: Advise - Moving my Mum from the UK to USA
I'm surprised that NY can do that. Medicaid is funded at the federal level with contributions from the state. Medicaid is flexible where a state can offer more than the minimum federal requirement and the federal government will put in more money but the 5 year green card law is federal so either NY is paying 100% of the cost for people that that don't qualify under federal law or have had a special law passed by the federal government specifically for NY just like there was a special law passed to assist Massachusetts with federal money when Romney's health care reform was passed in the mid 2000s.
In fact that is why Massachusetts was not overly concerned whether ACA passed or not since they were already getting federal money for their similar program. Initially I didn't realize that Massachusetts was already getting a ton of money from the federal government for their health care program so was surprised when they elected Scott Brown who was against ACA but after research, I discovered that it would likely be a break even situation for Massachusetts no matter which way it went.
In fact that is why Massachusetts was not overly concerned whether ACA passed or not since they were already getting federal money for their similar program. Initially I didn't realize that Massachusetts was already getting a ton of money from the federal government for their health care program so was surprised when they elected Scott Brown who was against ACA but after research, I discovered that it would likely be a break even situation for Massachusetts no matter which way it went.
Also don't know about those who got greencards by other means, but family based that have financial sponsor, it would be those folks on the hook for reclaimed expense, not the recipient, who could apply for whatever they want, whether they are eligible or not.
#130
Re: Advise - Moving my Mum from the UK to USA
That's the thing, federal program, federal money, but the feds don't chase the money, seemingly leaving it to the state, which is why NY is ignoring it.
Also don't know about those who got greencards by other means, but family based that have financial sponsor, it would be those folks on the hook for reclaimed expense, not the recipient, who could apply for whatever they want, whether they are eligible or not.
Also don't know about those who got greencards by other means, but family based that have financial sponsor, it would be those folks on the hook for reclaimed expense, not the recipient, who could apply for whatever they want, whether they are eligible or not.
That was the reson why NYC recently refunded money that they collected from sponsors of green card holders that received city benefits since the federal government doesn't pursue sponsors
#132
Heading for Poppyland
Joined: Jul 2007
Location: North Norfolk and northern New York State
Posts: 14,727
Re: Advise - Moving my Mum from the UK to USA
.....So I suspect NY offers Medicaid knowing that it is unlikely that the federal government will go after the sponsor.
That was the reson why NYC recently refunded money that they collected from sponsors of green card holders that received city benefits since the federal government doesn't pursue sponsors
That was the reson why NYC recently refunded money that they collected from sponsors of green card holders that received city benefits since the federal government doesn't pursue sponsors
#134
Re: Advise - Moving my Mum from the UK to USA
It was a few months after Blasio was elected mayor of NYC.
EXCLUSIVE: Mayor de Blasio stopping requirement for immigrants' sponsors to repay city for welfare, refunding close to $1 million - NY Daily News
Welfare is a federal benefit with contributions from state and local governments. Apparently Bloomberg pursued sponsors for the city contribution.
EXCLUSIVE: Mayor de Blasio stopping requirement for immigrants' sponsors to repay city for welfare, refunding close to $1 million - NY Daily News
Welfare is a federal benefit with contributions from state and local governments. Apparently Bloomberg pursued sponsors for the city contribution.
Last edited by Michael; Jul 20th 2014 at 10:52 am.
#135
Re: Advise - Moving my Mum from the UK to USA
It's federal law for federal means tested benefits except specific means tested benefits such as "Emergency Medicaid". However repayment from sponsors of someone that get means tested benefits isn't being pursued but that could change in the future.