I am a green card holder at the age of 70s, and want to apply for medicare in Georgia. Will this make me a public charge ?
6 attorney answers
Some of my colleagues got it wrong. You will not be considered a public charge because it is not cash aid. Here read this public charge facts sheet created by USCIS. Medical insurance programs like medical are not considered public charge benefits. Get the real facts:
http://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet
In general, lawful permanent residents who currently possess a "green card" cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible. If you tell them your immigration status, how long you have had the card and are honest with them and they grant the benefits, it is because you are entitled. States do not grant benefits to immigrants that the federal government deems ineligible. Additionally, the other attorneys are confusing the 10 year (40 quarter) requirement of the affidavit of support with the actual law. Pursuant to the INA receiving public charge benefits within 5 years of receiving your green card makes you removable. "INA 237 (A)(5) Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable." Most states block benefits the first 5 years of residency, because they know that persons are not entitled. Go talk to a social worker. Explain your exact situation and they will advise you. If you need additional help, which you most likely do not, seek an experienced attorney that has thoroughly researched/litigated the public charge issue so they know what they are talking about.
Becoming a "public charge" does not depend on how many years you had a green card. At the time when your sponsor filed an affidavit of support, he/she agreed that while you are on permanent resident status he/she will be held accountable for all your financial expenses. USCIS explicitly setting forth the list of situations when sponsor's obligation to support you in the US terminates (e.g. you become the US citizen or you cease to be the permanent resident and depart the country). Having a green card for more than 10 years is not listed as the ground to terminate sponsor's obligation to support you financially. Therefore, If you apply for Medicaid, SSA may still ask you sponsor to repay the costs. Wish you luck.
Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
Sponsored Listings
That will entirely depend on how long you had your green card for. If you already accumulated 10 years (40 quarters) worth of having contributed to the "system", you will then have no problems and will not be considered a "public charge". Your sponsor will not be bothered.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
When did you obtain your green card? if you had it for 10 years or more there is no penalty to apply for medicare in your state. Also, you may be eligible for a U.S. citizenship. Once you get it you can certainly apply and obtain medicate benefits.
Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message. I cannot provide reliable legal information without a full consultation. The information contained herein is thus not intended to create an attorney client relationship.
Depends. It probably would not. You need to look into the rules of medicare.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Sponsored Listings
Can’t find what you’re looking for?
Post a free question on our public forum.
Ask a Question- or -
Search for lawyers by reviews and ratings.
Find a Lawyer