Vista, CA asked in Immigration Law for California

Q: A F1 student with valid status is elegible for Medi-Cal. Use the benefit can bring problems? Like to get a green card?

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3 Lawyer Answers

A: Most universities and colleges offer their own health insurance plans specifically designed for international students. These plans generally meet visa requirements and can be a good option for F1 students. Alternatively, F1 students can also purchase private health insurance plans from various insurance companies. These plans offer varying levels of coverage and costs. This may be the best way to avoid any problems.

A: Before delving into how Medi-Cal might impact your future immigration benefits, the first step is to check if you even qualify for it. Qualifications hinge on factors like family size, income level, and immigration status (though California might be a bit more lenient in that regard). However, down the road, receiving Medi-Cal could be viewed as a public benefit. As advised by Attorney Ottley, it's a good move to explore health insurance plans through your university and have a chat with your DSO about it. Better safe than sorry.

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Answered

A: As an F1 student with valid status in the United States, you have access to certain benefits, including potentially Medi-Cal, which is California's Medicaid program. However, it's important to understand how using such benefits might impact your future immigration applications, such as applying for a green card.

Under the public charge rule, the U.S. government can consider whether an individual is likely to become primarily dependent on the government for subsistence. This assessment can include the use of certain public benefits. However, not all public benefits are considered under this rule. As of my last update, the use of Medi-Cal (except for long-term care) is not included in the public charge determination.

It's crucial to stay informed about current policies, as immigration laws and public charge rules can change. If you're considering applying for a green card, it's advisable to consult with an immigration attorney who can provide guidance based on the most current laws and your specific circumstances. They can help you understand the implications of using public benefits like Medi-Cal on your immigration status and future applications. Remember, each situation is unique, and getting personalized legal advice is always the best course of action.

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