Q: Using medicaid or other health insurance benefits while on a tourist visa and pregnant.
My wife and I came to visit my parents in January, but due to the COVID-19 pandemic, we have been unable to return back to China. I am an American citizen and my wife is a Chinese citizen with a 10 year tourist visa, allowing her to stay six months at one time. She is also soon to be 8 months pregnant and will most likely have the baby in the US due to the travel restrictions.
Our original trip of three weeks will now be much longer. Is it possible for her to apply for medicaid or other health benefits? We are worried about her visa extension application or if she will become a public charge. However, from what I have read it seems like pregnancy is exempted from the public charge decision.
A:
Due to current changes in the definition of who is a public charge, such a decision may indefinitely bar her from ever getting an immigrant visa. This, even if she is married to you. The new rules have been challenged in the 7th Circuit which covers Illinois. Yet, the outcome of that case is unclear in that we expect the Trump Administration to appeal the injunction and challenge any lawsuit claiming that the regulations and guidelines violate Federal law.
If you remain with your wife in the U.S., then you need to consider all of the consequences to your wife and her ability to ever return. For that reason, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
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