I am an Immigrant. Do I Qualify for Coverage under the Affordable Care Act?
Finding affordable health insurance can be a challenge. As an immigrant, options may be even more limited. Whether you are eligible to participate in the health insurance marketplace under the new Affordable Care Act (ACA) depends on your immigration status.
If you fall into one of the following categories, then you are eligible to participate in the ACA marketplace:
Lawful Permanent Resident (you have a green card)
Asylee
Refugee
Cuban/Haitian Entrant
Parolee
Violence Against Women Act (VAWA) recipient
Trafficking (“T”) visa recipient
Recipient of a grant of Withholding of Removal/Convention against Torture (CAT)
Nonimmigrant visa status, such as H-1B, L-1, E-2, TN, O, F, or J visa status
Temporary Protected Status (TPS)
If you in process of applying for one of the immigration benefits listed below, then you are eligible to participate in the ACA marketplace:
TPS
Special Immigrant Juvenile Status (SIJS)
T visa
Lawful permanent residency (a green card)
Asylum or Withholding of Removal/CAT, if your application has been pending for more than 180 days
If you have one of the statuses listed below
and
employment authorization, then you are eligible to participate in the ACA marketplace:
Registry Applicant
Order of Supervision
Applicant for Cancellation of Removal or Suspension of Deportation
Applicant for Legalization under the Immigration Reform and Control Act (IRCA)
Legalization under the LIFE Act
Note that if you are a recipient of Deferred Action for Childhood Arrivals (DACA), then you are
not
eligible to participate in the ACA marketplace at this time.
I am Not a U.S. Citizen - Am I Eligible for Federal Benefits?
Are you present in the United States in a lawful immigration status, but are not sure if you qualify for any financial assistance under federal law?
There are four primary benefits offered under federal law. These include the Supplemental
Nutrition Assistance Program (SNAP, formerly food stamps), the Supplemental Security Income
(SSI) program, Temporary Assistance for Needy Families (TANF) cash assistance, and Medicaid.
Whether you qualify for any one benefit generally depends on your specific immigration status and how long you have lived and worked in the U.S.
Am I eligible for
the Supplemental
Nutrition Assistance Program (SNAP)?
• Refugees and asylees are eligible
• Lawful permanent residents (LPRs) (green card holders) with a substantial work history—generally 10 years (40 quarters) of work
documented by Social Security or other employment records—or a military
connection (active duty military personnel, veterans, and their families) are
eligible
• Disabled LPRs are eligible
• LPRs who were elderly (65+) and legal residents as of August 22, 1996, are
eligible
• LPRs who have been legal residents for five years or are children (under 18) are
eligible
Am I eligible for
the
Supplemental Security Income
(SSI) program?
• Refugees and asylees are eligible for SSI for seven years
after arrival, and a
fter which time they
generally are ineligible
• LPRs with a substantial work history—generally 10 years (40 quarters) of work
documented by Social Security or other employment records—or a military
connection (active duty military personnel, veterans, and their families) are
eligible, but note that
LPRs are not eligible during the first five years even if they had 40
credits of earnings (e.g., as a temporary worker)
• LPRs receiving SSI as of August 22, 1996, continue to be eligible for SSI
• Disabled LPRs who were legal residents as of August 22, 1996, are eligible
Am I eligible for
Temporary Assistance for Needy Families (TANF) cash assistance?
• LPRs with a substantial work history—generally 10 years (40 quarters) of work
documented by Social Security or other employment records—or a military
connection (active duty military personnel, veterans, and their families) are
eligible, but note that
LPRs entering after August 22, 1996, are barred for
five years, after which their coverage becomes a state option
• Refugees and asylees
are eligible for at least five years after arrival, after which time
they
may be eligible at state option
Am I eligible for Medicaid?
• LPRs with a substantial work history—generally 10 years (40 quarters) of work
documented by Social Security or other employment records—or a military
connection (active duty military personnel, veterans, and their families) are
eligible, but note that
LPRs entering after August 22, 1996, are barred for
five years, after which their coverage becomes a state option
• Medicaid coverage is required for all otherwise-qualified SSI recipients (they
must meet SSI noncitizen eligibility tests)
• Refugees and asylees are eligible for seven years
after arrival, after which time
they
but may be eligible at state option
Read about the history of federal benefits for non-citizens and trends in use in this report from the Congressional Research Service:
Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends
Who are the Immigrant Women of the United States?
Approximately 20 million immigrant women and girls currently reside in the United States. That is roughly 6% of the total U.S. population. So who are these females playing such a large role in our society?
Our female immigrants originally hail from a vast array of different nations. While about 26% came from Mexico, the remaining 74% originated in countries ranging from Canada to India to Cuba. No more than 6.1% of the total female immigrant population originated from any one country, other than Mexico.
Nearly half of our female immigrants are naturalized U.S. citizens, especially those from Vietnam and the Philippines, which have the highest naturalization rates.
More than one quarter have at least a bachelor's degree of education, and the majority of female immigrants are employed. One-third of those who work do so in management or professional positions.
How do immigrant women obtain their lawful status in the U.S.? The majority do so through the family-based immigration system and are sponsored by an immediate relative who is a U.S. citizen.
To read the full details, visit The American Immigration Councils fact sheet on immigrant women in the united states.
Visa Bulletin Update: November 2014
In most categories, there was some forward movement. The exception was the employment-based, second preference India category, where there was retrogression from May 1, 2009 to February 15, 2005.
To see the entire Visa Bulletin for November 2014, go to:
I-130 Petition for Alien Relative Denied on a Technicality? File Again!
Many applicants, especially those who file without an attorney, have their I-130 Petition for Alien Relative denied on a technicality. Often the denial is due to issues that can be rectified.
What applicants may not know is that they can file another I-130 for the same beneficiary, after correcting the technical error.
If USCIS made the mistake, you can generally file to have the decision reconsidered, or you can appeal the decision. You can also submit a "motion to reopen" to add additional evidence to your petition - but you can only add evidence that existed at the time that you originally applied.
What if the technical error was your fault? Let's say you are a U.S. citizen who filed an I-130 Petition based on your marriage to a non-citizen. You were married previously, but USCIS found that you did not submit appropriate evidence to prove that you were legally divorced from your first spouse. USCIS could consider that first marriage still intact, and your second marriage invalid.
This is your mistake - you will probably need to go back to family court to finalize the divorce and (to be safe) marry your non-citizen spouse again. This is new evidence, so you can't ask USCIS to reopen your case based on this. You can, however, file a new I-130 after you have fixed the technical mistake.
It is important to make sure your petition was denied on this technical basis - not because USCIS did not believe you are in a real relationship. It is also important to have a lawyer look at your denial to make this determination and to make sure that you fix the problem correctly. Finally, it is important to have an attorney for the new application, as USCIS looks very carefully at cases that have been previously denied. You will also need an attorney's assistance if an appeal or motion is the best plan for you.
For more information about appeals, motions to reconsider and motions to reopen go to:
http://www.uscis.gov/forms/questions-and-answers-appeals-and-motions
To find out your best option after a USCIS denial, contact us at TheTeam@Huwelaw.com
