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Public benefits and Qualified Alien- State vs Federal requirements

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  • Public benefits and Qualified Alien- State vs Federal requirements

    Hello,

    I haven’t been here for a while, but as I see not much has changed
    I have a question I hope someone here can answer.

    The US Department of Health and Human Services states that “qualified Aliens” are eligible for public benefits. There are several categories of “qualified Aliens” one of them Aliens who have been battered.
    It further states that if the alien provides a approved I- 360 the public benefit agency should proceed with the other eligibility criteria, since the alien has already met the INS requirements to proof that he/ she was abused.
    Another requirement to receive public benefits as a qualified alien is to proof that there is a substantial connection between the abuse and the need for benefits. The General Attorney provided a list of substantial connections and I quote from the Attachment 5--Interim Guidance--Documentary Evidence of Status as A "Qualified Alien" Eligible for Federal Public Benefits “Where medical coverage and/or health care services are needed to replace medical coverage or health care services the applicant, the applicant's child, or (in the case of an alien child) the applicant's parent had when living with the abuser.”

    I have an approved I-360 and am in the process to adjust my status. During the processing time the INS granted me a prima facies determination which I did not use.
    During my medical exam for my AOS a possible serious medical problem was found which require medical attention. I lost my health insurance when was divorced from my ex husband.
    I applied for Medicaid and was denied due to my status. When I asked why I was told that Medicaid is a state operated agency and does not need to comply with the federal law. I was also told that with my status and income I would qualify for food stamps. I don’t want food stamps though and politely denied the offer.

    Can anyone here please either help me out on what I should do next or explain to me why a state operated agency can have different guidelines on what a “qualified Alien” is?
    Any help is appreciated.

  • #2
    Hello,

    I haven’t been here for a while, but as I see not much has changed
    I have a question I hope someone here can answer.

    The US Department of Health and Human Services states that “qualified Aliens” are eligible for public benefits. There are several categories of “qualified Aliens” one of them Aliens who have been battered.
    It further states that if the alien provides a approved I- 360 the public benefit agency should proceed with the other eligibility criteria, since the alien has already met the INS requirements to proof that he/ she was abused.
    Another requirement to receive public benefits as a qualified alien is to proof that there is a substantial connection between the abuse and the need for benefits. The General Attorney provided a list of substantial connections and I quote from the Attachment 5--Interim Guidance--Documentary Evidence of Status as A "Qualified Alien" Eligible for Federal Public Benefits “Where medical coverage and/or health care services are needed to replace medical coverage or health care services the applicant, the applicant's child, or (in the case of an alien child) the applicant's parent had when living with the abuser.”

    I have an approved I-360 and am in the process to adjust my status. During the processing time the INS granted me a prima facies determination which I did not use.
    During my medical exam for my AOS a possible serious medical problem was found which require medical attention. I lost my health insurance when was divorced from my ex husband.
    I applied for Medicaid and was denied due to my status. When I asked why I was told that Medicaid is a state operated agency and does not need to comply with the federal law. I was also told that with my status and income I would qualify for food stamps. I don’t want food stamps though and politely denied the offer.

    Can anyone here please either help me out on what I should do next or explain to me why a state operated agency can have different guidelines on what a “qualified Alien” is?
    Any help is appreciated.

    Comment


    • #3
      Why don't you go get free medical care where you came from?

      You should know that States may restrict Medicaid more than Federal regulations do.

      In any event, why are you stealing from us taxpayers after your fraudulent marriage and bogus claim of abuse.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
        Why don't you go get free medical care where you came from?

        You should know that States may restrict Medicaid more than Federal regulations do.

        In any event, why are you stealing from us taxpayers after your fraudulent marriage and bogus claim of abuse. </div></BLOCKQUOTE>

        This post was very rude. You don't know her or her situation, so stop playing judge.

        Vegado, ignore this please and I'm sorry to hear about the medical issues. I hope you are able to get some assistance and get well soon.

        Comment


        • #5
          Not only rude but wrong. It's true some States have sought to restrict benefits to immigrants but as Federal Law trumps State Law, local laws will be struck down on any challenge. It's not the first time it's happened. We're talking qualified immigrants here, not illegal ones FedNUT.
          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

          Comment


          • #6
            Hello Iperson,
            In general things are going well here. Without my doing I got a new Judge and he is finally enforcing the court order. Also my ex-husband is finally diagnosed and on and off institutionalized, what makes my life safer It is just a matter of time until he will be fully locked up and then I don’t have to worry at all anymore.

            Hello Proud,
            I haven’t been here for a long time, but as I can see not much has changed. The people may have changed names but the polarity, the assumptions, the attitudes haven’t
            How are you doing?

            Federale,
            Not to be rude, but are you from the rural Midwest? Your attitude and the whole making assumption remind me a lot of the cliché of an uneducated redneck.
            Where I am from we learn to get as much information possible before we throw accusations and assumptions around us. Since my friends here in the US were taught the same way I was, I wonder where you were raised. All my prior posts are available for you to collect information about my reasons to file an I- 360. Why don’t you make use of it and then- if you still feel like it- accuse me as a cheat and fraud.

            This just up front, now to the content of your post:
            I actually did consider getting medical care in the country I am from (and yes it is free), but I decided against it for reason which shouldn’t matter to you.
            I am not stealing from any taxpayer here, nor was my marriage fraud. My abuse was real. Again you are more than welcome to read my prior post, they are public.

            On a personal note, I do believe I can see where your attitude may come from, and I agree with you to a certain point. Dealing with immigration for a longtime my self, reading about it, reading other peoples stories, made me realize that the petition for battered spouses can and probably often is abused and misused. I have read about mainly women from certain countries coming over here with the intent to file this petition, having their whole case set up before they ever arrive. I disagree and disrespect this probably even more than you, because I was abused and nothing was easy during that time. I was way too afraid to do anything during that time. What finally gave me the courage to make a move was my ex husbands (yes the abusers family!) unconditional support and encouragement.
            I am not explaining myself to you nor do I seek your approval, but just because some immigrants misuse VAWA doesn’t mean every abuse case is fraud.

            But back to the only nonjudgmental and kind of helpful comment you gave me:
            So, what you are explaining to me is, because the federal law does not specify on exactly what kind of public benefit a qualified alien is eligible for, it is up to the state to determine what benefit they would grant the alien? As in my case I do not qualify for medical benefits, but I do qualify for food stamps (I still don’t want them). Isn’t that a little bit arbitrary?

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hello Proud,
              I haven’t been here for a long time, but as I can see not much has changed. The people may have changed names but the polarity, the assumptions, the attitudes haven’t
              How are you doing? </div></BLOCKQUOTE>

              Hey Vegado

              I'm doing okay, just been keeping away from this website lately because people aren't so helpful here, if you know what I mean. If you qualify for food stamps, take them and save your food money for the medical coverage. It's ridiculous you have to make a choice whether to feed you and your kids or take care of a serious medical condition in the first place! You should be able to do BOTH in this country!!!

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Vegado:
                Hello Iperson,
                In general things are going well here. Without my doing I got a new Judge and he is finally enforcing the court order. Also my ex-husband is finally diagnosed and on and off institutionalized, what makes my life safer It is just a matter of time until he will be fully locked up and then I don’t have to worry at all anymore.

                Hello Proud,
                I haven’t been here for a long time, but as I can see not much has changed. The people may have changed names but the polarity, the assumptions, the attitudes haven’t
                How are you doing?

                Federale,
                Not to be rude, but are you from the rural Midwest? Your attitude and the whole making assumption remind me a lot of the cliché of an uneducated redneck.
                Where I am from we learn to get as much information possible before we throw accusations and assumptions around us. Since my friends here in the US were taught the same way I was, I wonder where you were raised. All my prior posts are available for you to collect information about my reasons to file an I- 360. Why don’t you make use of it and then- if you still feel like it- accuse me as a cheat and fraud.

                This just up front, now to the content of your post:
                I actually did consider getting medical care in the country I am from (and yes it is free), but I decided against it for reason which shouldn’t matter to you.
                I am not stealing from any taxpayer here, nor was my marriage fraud. My abuse was real. Again you are more than welcome to read my prior post, they are public.

                On a personal note, I do believe I can see where your attitude may come from, and I agree with you to a certain point. Dealing with immigration for a longtime my self, reading about it, reading other peoples stories, made me realize that the petition for battered spouses can and probably often is abused and misused. I have read about mainly women from certain countries coming over here with the intent to file this petition, having their whole case set up before they ever arrive. I disagree and disrespect this probably even more than you, because I was abused and nothing was easy during that time. I was way too afraid to do anything during that time. What finally gave me the courage to make a move was my ex husbands (yes the abusers family!) unconditional support and encouragement.
                I am not explaining myself to you nor do I seek your approval, but just because some immigrants misuse VAWA doesn’t mean every abuse case is fraud.

                But back to the only nonjudgmental and kind of helpful comment you gave me:
                So, what you are explaining to me is, because the federal law does not specify on exactly what kind of public benefit a qualified alien is eligible for, it is up to the state to determine what benefit they would grant the alien? As in my case I do not qualify for medical benefits, but I do qualify for food stamps (I still don’t want them). Isn’t that a little bit arbitrary? </div></BLOCKQUOTE>

                Hello Vegado!

                Nice to see here again. Looks like you have everything under control. The foodstamps "offer" from the state would probably amount to the same amount insurance would cost. Perhaps you should reconsider and use the money you save this way for your medical expenses.

                Just a thought!
                “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

                Comment


                • #9
                  Brit is wrong again as usual. States may restrict or ban aid to immigrants. They may also expand benefits in certain cases, as California does.

                  In any event you all don't know that her claim is good any more than I know it is bad, except that I have direct and extensive knowledge of fraud by aliens. Most posters here only have knowledge of their own fraud.

                  Comment


                  • #10
                    Hi Vegado..long time no see.

                    I remember your situation was a bit complexed and I don't know what the update is now but all I can say is this from my own experience and what I learned.

                    State laws can restrict benefits, they can also give benefits even if the Fed law says not.
                    Some States like CA as Federale mentioned do give some benefits where normally they would not qualify under a qualified Alien.

                    Foodstamps can be given if for example you have a USC child and even through a USC unemployed spouse. It really isn't the alien who gets these benefits in all cases.

                    Medicaid.. that again does depend on the State and what they will cover.
                    For example they may partially cover you for a one off emergency visit to ER. Any ongoing treatment or needing medical care as an outpatient they won't.

                    There are different benefits however if you went through VAWA.
                    Being abused by a USC spouse does not qualify you for benefits unless you went through the correct procedure of VAWA in a timely manner.

                    The problem is, there are instances where abused immigrants have managed to obtain benefits, but really it depends on the State and whether the person dealing with your claim actually understands how it works and if they find a loophole.

                    There is nothing really written down correctly in black and white, this is an area that in fact needs re-writing and to make it clearer for all concerned.

                    My advice is, if you have not already, is to go and see the supervisor who is or who would be dealing with a medicaid claim.
                    You can discuss this with them and they can take any paperwork that needs to be given or shown to make it easier for them to work with.

                    In my case, I was refused Medicaid due to the affidavit my ex signed, promising the Government I would not obtain any benefits.
                    If it was not due to that affidavit I could have had it as I qualified in all areas.(medically and financially)

                    If I had gone through VAWA years ago, it would have been a different matter. Just because I am an abused spouse of a USC and proven as one, I am not entitled to any benefits as my State does not allow it.

                    I do understand very well where you are coming from on this..I wish you well Vegado.
                    -----------------------------------------------------------------------------------------------
                    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                    National Domestic Violence Hotline:
                    1.800.799.SAFE (7233) 1.800.787.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If I had gone through VAWA years ago, it would have been a different matter. Just because I am an abused spouse of a USC and proven as one, I am not entitled to any benefits as my State does not allow it. </div></BLOCKQUOTE>

                      If it were challenged in court it would most certainly be overturned as Immigration is a Federal matter not State one but I know what you are saying Sprintie. Some States (such as your own) have gone out of their way to make life difficult if not impossible for illegal immigrants. Unfortunately in their almost religious-like zeal they forgot about or were unaware of certain situations where legal immigrants fall through the cracks in the system.
                      "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If I had gone through VAWA years ago, it would have been a different matter. Just because I am an abused spouse of a USC and proven as one, I am not entitled to any benefits as my State does not allow it. </div></BLOCKQUOTE>

                        If it were challenged in court it would most certainly be overturned as Immigration is a Federal matter not State one but I know what you are saying Sprintie. Some States (such as your own) have gone out of their way to make life difficult if not impossible for illegal immigrants. Unfortunately in their almost religious-like zeal they forgot about or were unaware of certain situations where legal immigrants fall through the cracks in the system. </div></BLOCKQUOTE>

                        Well in my case my State are following the rules of Immigration (as per affidavit . The problem is, like you pointed out, that they have not got in place a safety net for those like me in this situation. Because there isn't anything down in black and white they will do nothing.
                        Both Immigration and State officials have told me that cases like mine, maybe even Vegado's need to be addressed and something put in force to change the rules.

                        Going to court is not with the Federal Government, it is in fact with the spouse. But difficult to know with what. (according to USCIS).
                        No idea who if spouse doesn't count.

                        It is also extremely hard to find a lawyer who really knows a lot about this. Even my own State representatives don't even know, and I am talking of the ones who specializes in Immigration.

                        Going to court would be very costly and to find a lawyer who even specializes in these type of cases will not be free or pro bono.
                        If you don't have the money for medical, you won't be able to afford a lawyer in these cases as it will be quite time consuming.

                        It is difficult to really give answers to Vegado as we do not know everything about her situation. In general, cases like these are not the same and do not come about often.

                        Under Medicaid..your income also comes into the decision, whether immigrant or not.
                        In my State I think if I remember you have to earn less than $500 a month (with 1 dependant) to qualify. Regardless of outgoings.
                        There is also the fact Medicaid does not cover everything. My weekly visits to hospital for example would not be covered if I was under Medicaid.
                        I also heard Medicaid patients being told they had to pay a small amount for office visits now.
                        Medicaid isn't all what it seems.
                        -----------------------------------------------------------------------------------------------
                        God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                        National Domestic Violence Hotline:
                        1.800.799.SAFE (7233) 1.800.787.

                        Comment


                        • #13
                          Hello everyone,

                          Thank you for the warm welcome back!
                          I’m sorry it took me so long to get back to you, but I was very busy doing what illegal immigrants, visa cheats and marriage fraud women do all day.. scamming the system and taking welfare from the hard working US citizen. Oh and of course seeking out the next dumb American to marry me.

                          Anyway, thank you very much for all your answers, it seems to be a difficult subject and leaves a lot of space for every case worker to decide randomly.
                          Sprint, as you mentioned my case was very difficult, but one of my problems back then was that my ex husband did not file any papers for me, not even an I-130 to hold it against me and threatened me with deporting me and keeping the kids here. Since he never filed any papers he also never signed the affidavit.
                          I am not sure though what you mean by VAWA process. I did file an I-360 and got my approval actually very fast, but I don’t think that is what you mean with VAWA right?

                          I’m still very hesitant to apply for food stamps, I don’t think I could use them in a store, I would be too embarrassed.

                          Federale,
                          Reading through some of your posts it seems like you have a very broad knowledge about immigration. How come you lack common sense and logic thinking so much?
                          In general that would describe the Savant Syndrome.. just saying.
                          I agree that nobody here really knows if my “claim of abuse” as you call it is real or not, but your conclusion of because you have – and I quote you- <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">direct and extensive knowledge of fraud by aliens </div></BLOCKQUOTE>therefore my claim must be fraudulent lacks logic and therefore is not valid. If you would have said you have looked into my personal case and decided my “claim” is not valid, now that would make sense. But obviously you haven’t looked into my case nor do you have to power to decide over it (it was already approved).

                          I have no problem with you disagreeing with my application or the INS’s decision to approve my “claim” but if you want me to take you serious you should keep your arguments logic and conclusive. Otherwise I have to assume you suffer from some kind of developmental disorder, also known as intellectual disability.

                          Your answer regarding my original question though still doesn’t make a lot of sense to me. Does the States ability to restrict or ignore a federal law just apply to Welfare issues and immigrants or is that in general the case? To give an example in which the numbers are not accurate I just use some random ones : If according to federal law the maximum penalty for a crime is five years, could a State restrict if further or ignore the federal law and have a maximum sentence of 10 years for the same crime ? Or same scenario and the State decides that the maximum sentence is just 3 years?

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Well in my case my State are following the rules of Immigration (as per affidavit . </div></BLOCKQUOTE>

                            That's their excuse. Their logic is your hubby is responsible because of the I-864. This assumes the (ex) hubby IS responsible of course! As you know, that's not the case and you're left out in the cold to fend for yourself. A very caring attitude for a self-proclaimed God-fearing State such as yours.
                            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                            Comment


                            • #15
                              Vegado,

                              If I can find the information I kept, I will read through it again and give you some information and links for you to read about some of what you are asking.

                              However..as I said earlier, it will depend also what your State is willing to do and give.

                              Vegado, which I am sure you already know..there will be the antis out there and no matter how much you could prove, some people will just never believe real victims of abuse.
                              Like you said.. those bad eggs make it harder for us real ones.

                              I will get back to you.

                              If you ever need to PM me..you are welcome to
                              -----------------------------------------------------------------------------------------------
                              God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                              National Domestic Violence Hotline:
                              1.800.799.SAFE (7233) 1.800.787.

                              Comment



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