Will the government go after the I-864 sponsor if an immigrant signs up for ObamaCare?
QUESTION: I signed an I-864 Affidavit of Support when my wife became a Permanent Resident. She has since signed up for ObamaCare. I was told that if she gets government assistance, the government can sue me. Should I be worried about this?
The Immigration Answer Man – Ari Sauer: You do not have to worry. The I-864 only allows the government to seek repayment for means-tested public benefits that the sponsored permanent resident receives. means-tested public benefits means those public benefits that are available based upon the applicant’s financial means. Some examples are food stamps, supplemental security income (SSI), Medicaid, Temporary Assistance for Needy Families (TANF), and State Child Health Insurance Program (CHIP). Emergency medical assistance, such as emergency Medicaid, is not considered a mens-tested public benefit. Most pay-in insurance programs, including Obamacare, or the Affordable Care Act (ACA), are not considered means-tested public benefits. Lawful Permanent Residents (LPRs, or green card holders) are eligible to enroll in the ACA program.
Answered on December 6, 2015.
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