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.
|