World Journal Weekly Q & A - September 2, 2007

Q & A 1.


Q&A 1.

Question On I-864 Co-sponsor Liability & What Constitutes A Public Charge

Mr. Zou asks:

My wife immigrated to the U.S. in 2005 and one of my relatives was her co-sponsor. Because I belong to low income/low asset category, can she apply for “Low Income Subsidy” to pay her Medicare Part D expenses? Will she become the public charge and her co-sponsor be responsible for repayment to the Government?

Dear reader:

We spoke with a Medicare representative who informed us that Medicare Part D is a prescription drug coverage program open to U.S. Citizens and lawful permanent residents in the U.S. for 5 yrs. Your wife having immigrated in 2005, she would not be eligible. You may contact Medicare at 1-800-Medicare or visit www.medicare.gov. if you have further questions.

I am not sure what you mean by “low income subsidy.” I-864 sponsors and co-sponsors may be held liable for repayment under a variety of federal, state, or local low income based programs, if the State or local government’s rules provide for consideration (“deeming”) of your income and assets as available to the person. In such case, cosponsors, joint sponsors and household members are contractually bound by the I-864 and liable until the applicant naturalizes, works or is credited with 40 qualifying quarters of work, leaves the U.S. permanently, or dies.

Liability does not attach apply to public benefits specified in section 403(c) of the Welfare Reform Act such as, but not limited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act.

On the separate question of what benefits would open your wife to the bar of being a public charge, direct cash payments or funds convertible to currency for the purpose of maintaining income can trigger public charge scrutiny & assistance for the purpose of income maintenance or funds for long term care from the federal or State government can be considered. The following is a list of proscribed public benefits:

1. Supplemental Security Income (SSI);
2. Cash assistance from the Temporary Assistance for Needy Families (TANF) program;
3. State or local cash assistance programs for income maintenance, often called “General Assistance” programs; and
4. Public assistance , including Medicaid, that is used for supporting aliens who reside in an institution for long-term care—such as a nursing home or mental health institution

Benefits which are non-cash or special-purpose cash benefits that are not intended for income maintenance and are not subject to public change consideration include:

1. Medicaid;
2. Children’s Health Insurance Program (CHIP);
3. Food Stamps;
4. The Special Supplemental Nutrition Program for Women, Infants and Children (WIC);
5. Immunizations;
6. Prenatal care;
7. Testing and treatment of communicable diseases;
8. Emergency medical assistance;
9. Emergency disaster relief;
10. Nutrition programs;
11. Housing assistance;
12. Energy assistance;
13. Child care services;
14. Foster care and adoption assistance:
15. Transportation vouchers;
16. Educational assistance;
17. Job training programs; and
18. Non-cash benefits funded under the TANF program.

 

Copyright © 2003-2007 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.