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You have become a public charge and be ready to pay back!
Please note that any non-citizen who became a redisent alien after December 19, 1997 is subject to the public charge test since you filled out the form I-864 on behalf of the greencard holder. As such your income and your spouse's income should also be considered as the resident aliens income when it comes to medicaid application. If audited and found out, you will be responsible for all expenses incurred by the government plus interest and penalty.
Check out the following HHS website:
http://aspe.hhs.gov/hsp/immigration/restrictions-sum.htm
Here are the sections related to your case:
VI. Affidavits of Support and Attribution of Income (Deeming)
Prior to the new welfare statute, affidavits of support signed for sponsored immigrants were not legally enforceable and time­limited 「deeming」 of sponsor income occurred in only three programs: SSI, Food Stamps, and AFDC. The new welfare statute requires a legally binding affidavit of support to be executed by a sponsor on behalf of most aliens seeking admission to the U.S., in order to establish that an alien is not excludable as a public charge. The statute requires sponsor­to­alien deeming procedures under programs providing 「Federal means­tested benefits」 until the immigrant with the new affidavit becomes a citizen, or has been credited with 40 qualifying quarters of coverage, and permits deeming for any State public benefits.
A. Affidavit of support
The new affidavit is legally enforceable against the sponsor by the alien and by federal and state governments which provide any means­tested benefits, but not later than 10 years after an alien last receives any such benefit. The affidavit is enforceable with respect to means­tested benefits until the sponsored alien attains citizenship or accumulates 40 qualifying quarters.
The Affidavit was released by INS on October 20, 1997, as part of an Interim Rule with Request For Comments (62 FR 54346), and was effective December 19, 1997.
B. Sponsorship Requirements
With some exceptions, sponsors must now have an income of at least 125 percent of federal poverty to sponsor an immigrant (previously 100 percent). All family­based immigrants, and certain employment­based immigrants, must be 「sponsored,」 meaning that a family member (and an additional co-sponsor, if necessary) must have signed an affidavit stating that they will provide assistance to maintain the immigrant at an annual income of at least 125 percent of the federal poverty line as long as it is enforceable (see Section A. Affidavit).
C. Deeming
When determining eligibility for Federal means­tested public benefits (i.e., Medicaid, TANF, SSI, and Food Stamps), the income and resources of the sponsor, who executed a new affidavit of support, and the sponsor』s spouse, shall be 「deemed」 available to the sponsored immigrant. (Sec 421) Benefits specifically excluded from the 5-year eligibility ban (Sec 403(c)) are also not subject to deeming and reimbursement by the sponsor.
These new deeming rules only apply to immigrants who have executed the new, legally binding affidavits. The new deeming period extends until citizenship, or until an immigrant has earned the 40 qualifying quarters. However, most aliens potentially affected by deeming will be barred from eligibility either until citizenship (SSI) or for their first 5 years due to the 5-year ban on receipt of federal means­tested public benefits.
Indigent and battered spouse and children exceptions to deeming requirement. Deeming does not apply for specified periods to certain battered immigrants; furthermore, if an alien would be unable to obtain food and shelter without government assistance, then only the amount of income and resources of the sponsor or the sponsor』s spouse actually provided will be attributed to the sponsored alien for specified periods. (Sec. 421 (e) and (f))
States are authorized to deem for their public benefits. Some benefits are exempted from the new state deeming authority: certain emergency medical assistance; emergency disaster assistance; programs comparable to assistance provided under the National School Lunch Act and the Child Nutrition Act; public health assistance for immunizations; testing and treatment of symptoms of communicable diseases; foster care and adoption assistance (if the foster or adoptive parent is a citizen or qualified alien); and other programs as specified by the Attorney General of a state. (Sec. 422) |
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