Can a permanent resident apply for Medicaid when A Form I-864 was submitted when he was petitioned by his son?

Asked about 4 years ago - Kissimmee, FL

Hi, my brother who is a US citizen, filed an I-130 for our parents. They filed for permanent residency at the same time and my brother sign the form I-864. It's been almost a year and our parents started working and already filed their income taxes. Our father who is 65 was told he could apply for medicaid in Florida where they live. When filling out the application they ask if they have a sponsor. We know that according to immigration the obligations with the I-864 will end for my brother until our parents become citizens or have worked or earned 40 quarters of Social Security. My question is Do they have to say that they do have a sponsor? even if they are already working? If they say yes, would medicaid take into consideration what my brothers earns? I appreciate an answer to this.

Attorney answers (2)

  1. Elaine Hope Witty

    Contributor Level 9

    Answered . As someone who has public benefits and immigration experience, the answer is that a greencard holder is statutorily barred from receiving federally funded public benefits for a 5 year period after entering the US. However, if a person has 40 quarters of 10 years of work history with the socail security adminsitration, this person wa snot in need of an I-864 to begin with. The tricky part here is that you do not say what country your parents are from. The US has treaties with other countries and gives credit for ime worked in other countries into our social securiy system. Go to www.ssa.gov or call the social security administration to find out if your father's home country is in a treaty with the US for retirement benefits.

    In addition, when it comes to state based public benefits, each state has been given block grants from the federal government to disburse according to each state's need. That means that if a state wanted to extend public benefits to a greencard holder with less than 5 years of status as an LPR, they could.

    For a complete chart about immigrant eligibility for public benefits go to www.nilc.org for assistance.

    In general, most states have not enforced the affidavit of support against a sponsor. The only state I am aware of that has, is Connecticut. It could be that Florida is moving in that direction. I don't know,

    Best of luck...

    Disclaimer: this response does not constitute legal advice or the creation of the attorney-client relationship

  2. David Nabow Soloway

    Contributor Level 17

    Answered . Most issues relating to needs-based Medicaid benefits should be addressed by an attorney who works in that area of the law. In the event that a Permanent Resident qualifies for and receives needs-based public assistance, such as Medicaid, the government may seek to enforce a sponsor's obligations under a form I-864 Affidavit of Support. This is true regardless of whether the beneficiary is already working. All questions on a Medicaid application MUST be answered truthfully.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Poorak, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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