Boca Raton, FL asked in Immigration Law for New York

Q: Can a subsidize health insurance through the marketplace jeopardize LPR (green card) status?

Hi,

Myself and my family (wife and son) are lawful permanent residents.

We are considering applying for subsidized health insurance through the marketplace, we may qualify for a premium tax credit.

Assuming the new public charge rule will finalize during 2020, is there any chance this can jeopardize our green cards?

We pay taxes, our records are clean and assuming we won't be considered as applicants for admission for short trips abroad.

Thanks

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: You assume a bit. The courts have already issued an injunction to prevent these 'regulations' from going into effect. It is unclear whether the injunction will be lifted. The regulations are not laws, but they can be treated as law. As long as the injunction is in effect, the regulations are not going into effect.

Any 'means tested' benefits that are based upon an applicant's income may be considered to determine whether someone is a public charge.

What is known is that seeking citizenship by naturalization is the best protection unless there are other issues, such as penalties within your home country that can prove significant enough to delay or suspend further action. Some may be subject to deportation, when they file for naturalization. I don't know why no action is taken, so its unclear why citizenship by naturalization is not an option for you.

If you have any concern, but insist upon not becoming a U.S. citizen, then I strongly recommend an appointment with a competent and experienced immigration, who will take enough time to review the enjoined regulations and evaluate your concerns.

The above is general information, not legal advice, and does not create an attorney client relationship.

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