QUESTION

If i signed an i864 for my husband as his sole sponsor a year ago... can I apply for Medicaid now?

Asked on Apr 24th, 2019 on Immigration - Wyoming
More details to this question:
I just had a baby and I'm trying to get financial assistance through the hospital but they need me to apply for Medicaid first before they can go through with the assistance. I signed the i864 for my husband last year and still make too much money to qualify for Medicaid but the hospital requires a denial from them. Can I get in trouble for applying for Medicaid since I signed for him as his sponsor?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Under U. S. immigration laws, the issue is not whether a person applies for Medicaid, but whether the person receives Medicaid benefits. If you are not receiving means tested benefits from federal, state, or city, the Medicaid question is inapplicable. Even if you were receiving Medicaid, you would not get into trouble for having signed for your husband’s financial affidavit support as there is no indication of fraud in your case and the prohibition would be against him receiving means tested benefits. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 20th, 2019 at 9:28 AM

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