John Doe

Hello,

This may be a little off-topic but...

My mother's GC application was recently approved and she is in the
process of moving to the US.We would like to purchase medical insurance
for her. I stress that we are willing to pay premiums for her health
insurance. The problem is that she's over 65 and we can't seem to find
anyone willing to insure her. My questions are:

1. The medicare rep I spoke with said she is welcome to pay the monthly
premium and start receiving benefits, but I'm concerned that it may be
considered means-tested public benefit and be against the spirit of the
I-864. Would it? On a related note, can someone help me understand what
is meant by "means-tested public benefit"

2 Have others in similar situations been able to come up with a solution
that also satisfies the limitations placed by the I-864?

Your advice would be greatly appreciated.

Ingo Pakleppa

John Doe wrote:
    > Hello,
    >
    > This may be a little off-topic but...
    >
    > My mother's GC application was recently approved and she is in the
    > process of moving to the US.We would like to purchase medical insurance
    > for her. I stress that we are willing to pay premiums for her health
    > insurance. The problem is that she's over 65 and we can't seem to find
    > anyone willing to insure her. My questions are:
    >
    > 1. The medicare rep I spoke with said she is welcome to pay the monthly
    > premium and start receiving benefits, but I'm concerned that it may be
    > considered means-tested public benefit and be against the spirit of the
    > I-864. Would it? On a related note, can someone help me understand what
    > is meant by "means-tested public benefit"

A means-tested public benefit is one that is granted based on her level
of income (or lack thereof). As long as *you* pay the premium, you would
be complying with the I-864.

Jonathan McNeil Wong

Ingo Pakleppa (see Web site for email) wrote:
    > John Doe wrote:
    >
    >> Hello,
    >> This may be a little off-topic but...
    >> My mother's GC application was recently approved and she is in the
    >> process of moving to the US.We would like to purchase medical insurance
    >> for her. I stress that we are willing to pay premiums for her health
    >> insurance. The problem is that she's over 65 and we can't seem to find
    >> anyone willing to insure her. My questions are:
    >> 1. The medicare rep I spoke with said she is welcome to pay the monthly
    >> premium and start receiving benefits, but I'm concerned that it may be
    >> considered means-tested public benefit and be against the spirit of the
    >> I-864. Would it? On a related note, can someone help me understand what
    >> is meant by "means-tested public benefit"
    >
    >
    > A means-tested public benefit is one that is granted based on her level
    > of income (or lack thereof). As long as *you* pay the premium, you would
    > be complying with the I-864.

Medicare is not considered receipt of a cash benefit for public charge
purposes. USCIS has a fact sheet on these issues at

http://uscis.gov/graphics/publicaffa...m#PublicCharge

There is a general fact sheet as well as versions for specific states
with special programs.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Franklin

Let me know how you get on with this issue; I brought my mother over (Immediate Relative) and she has lived here (with a GC) for over a year now; couldn't get medical insurance for her (she is over 65). I want her on medicare but figure she is not entitled to be on medicare until she is a USC (another 4 years to go) and pays the medicare premium (currently around $350.00 pcm) because she does not have 10 years of quarters of social security payments to qualify for medicare, i.e., without having to pay the approx. $350 pcm medicare premium. Lairdside wrote something about this six months or so ago, you could do a search using "Lairdside" AND "medicare" ... or something like that. Good luck.

Jonathan McNeil Wong

Franklin wrote:
    >>Hello,
    >>This may be a little off-topic but...
    >>My mother's GC application was recently approved and she is in the
    >>process of moving to the US.We would like to purchase medical
    >>insurance
    >>for her. I stress that we are willing to pay premiums for her health
    >>insurance. The problem is that she's over 65 and we can't seem to
    >>find
    >>anyone willing to insure her. My questions are:
    >>1. The medicare rep I spoke with said she is welcome to pay the
    >> monthly
    >> premium and start receiving benefits, but I'm concerned that it may
    >> be
    >> considered means-tested public benefit and be against the spirit of
    >> the
    >> I-864. Would it? On a related note, can someone help me understand
    >> what
    >> is meant by "means-tested public benefit"
    >>2 Have others in similar situations been able to come up with a
    >>solution
    >>that also satisfies the limitations placed by the I-864?
    >>Your advice would be greatly appreciated.
    >
    >
    > Let me know how you get on with this issue; I brought my mother over
    > (Immediate Relative) and she has lived here (with a GC) for over a year
    > now; couldn't get medical insurance for her (she is over 65). I want
    > her on medicare but figure she is not entitled to be on medicare until
    > she is a USC (another 4 years to go) and pays the medicare premium
    > (currently around $350.00 pcm) because she does not have 10 years of
    > quarters of social security payments to qualify for medicare, i.e.,
    > without having to pay the approx. $350 pcm medicare premium. Lairdside
    > wrote something about this six months or so ago, you could do a search
    > using "Lairdside" AND "medicare" ... or something like that. Good luck.
    >

Depending on your mother's age, fewer quarters may be required. (She
will have to pretty elderly though -- born before 1929.)
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

John Doe

Jonathan McNeil Wong wrote:

    > Ingo Pakleppa (see Web site for email) wrote:
    > > John Doe wrote:
    > >
    > >> Hello,
    > >>
    > >> This may be a little off-topic but...
    > >>
    > >> My mother's GC application was recently approved and she is in the
    > >> process of moving to the US.We would like to purchase medical insurance
    > >> for her. I stress that we are willing to pay premiums for her health
    > >> insurance. The problem is that she's over 65 and we can't seem to find
    > >> anyone willing to insure her. My questions are:
    > >>
    > >> 1. The medicare rep I spoke with said she is welcome to pay the monthly
    > >> premium and start receiving benefits, but I'm concerned that it may be
    > >> considered means-tested public benefit and be against the spirit of the
    > >> I-864. Would it? On a related note, can someone help me understand what
    > >> is meant by "means-tested public benefit"
    > >
    > >
    > > A means-tested public benefit is one that is granted based on her level
    > > of income (or lack thereof). As long as *you* pay the premium, you would
    > > be complying with the I-864.
    > Medicare is not considered receipt of a cash benefit for public charge
    > purposes. USCIS has a fact sheet on these issues at
    > http://uscis.gov/graphics/publicaffa...m#PublicCharge
    > There is a general fact sheet as well as versions for specific states
    > with special programs.

Jonathan and Ingo, thank you both for your responses. I do have a follow up
question for Jonathan (and anyone else who may have an opinion on this...)

As I read through the link Jonathan had provided it seemed to discuss who
would be considered a public charge for the sake of permanent residence or
naturalization. It seems to me that the I-864 obligation of the sponsor is a
more stringent standard than that. For instance, the link above (quick guide -
10/18/99) mentioned that LPRs who use non-cash benefits (including health care
and food programs) cannot lose their status (have their green card revoked).
In that case - say the alien received Medicaid benefits - couldn't (wouldn't?)
the person who filled out the I-864 be responsible for reimbursing the agency
that provided those benefits?

Thanks again for your earlier responses and I look forward to hearing your
opinion.