I got pregnant and overstayed my tourist visa. I used Medicaid in NY for pregnant women for the first consultation only and did not use it for childbirth and child healthcare. How will this affect my green card application through marriage? Should I still check that I used Medicaid in the immigration form even if I already cancelled my Medicaid coverage? Would my husband be required to reimburse the cost when my Green Card gets approved?
It may raise an issue of whether you are likely to become a public charge, however it should not prevent you from adjusting status if you have sufficient proof of your current income.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
It is difficult to answer this question without more details .. which you should share with an attorney in private and not on this internet blog.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I agree with Mr. Capriotti, and I will add that there is the issue of possible Medicaid Fraud if you were earning enough to pay for it and simply didn't report the income (this is what it sounds like happened). That would actually be criminal fraud, and would constitute a crime of moral turpitude that could get you excluded.
Speak to an attorney in private to determine your best course of action.
This does not constitute legal advice or the engagement of my services as an attorney.
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