Legal Question in Immigration Law in New York

My wife used (and currently uses) Medicaid under PRUCOL. PRUCOL is, under NY State Laws, a way, to get Medicaid for aliens AFTER I-130 is approved. My wife used prenatal, emergency, non-emergency, but not long term care at any hospital or clinic at all. The non-emergency short-term health services she used under Medicaid benefits are clinic visits, tests, X-rays and diagnosis, dental, prescribed medicine, internal medicine and other similar doctor visits.

Under the very current USCIS regulations, we need to know if Medicaid she used would be a reason for denial of her adjustment of status, and would lead to her deportation under public charge grounds.

I would appreciate if you specify your answer according to our situation I specified above.

Many Thanks


Asked on 3/16/12, 10:52 am

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

The issue is whether she is going to be a public charge or not and this will depend on the amount of money the petitioner makes and whether it is 125% above the poverty line.

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Answered on 3/22/12, 10:32 am


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