Can I use Medicaid for birth if I am on a B1/B2 visa? - Immigration Law Questions and Answers-

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Can I use Medicaid for birth if I am on a B1/B2 visa?

My wife is pregnant and we are planning to give birth in the US, we are fully prepared to pay all the hospital bills and we have a bank account statement proving that. At the hospital the social worker told her that she will apply for her to be covered by Medicaid, we refused but she insisted to send the form, we got the approval from Medicaid but we are hesitant about using it because we're are afraid it could affect her future visa applications. What should we do about it? Accept Medicaid or pay for it ourselves? My wife has family in the US and we visit them every year, we don't want anything that could affect this.

Theresa E. Tilton, Attorney at Law
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I wish social workers would refrain from practicing immigration law. As a matter of basic fairness, why should visitors, who have never paid income taxes or property taxes, have their childbirth covered by Medicaid? You are quite correct that using Medicaid could affect your future visa applications. When you have already been on public assistance as visitors to the USA, it is harder to prove that you will be self-sufficient if you are allowed to immigrate here. Pay for the birth yourselves and maintain your integrity.

Answer Applies to: Washington
Replied: 4/27/2011

Answer By Linda Vega
The Vega Law Firm
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You are correct. Be careful when using Federal Benefits that could be used against any future petitions with you and your wife. The Medicaid is meant for your child, who is a U.S. Citizen. If you have the means to pay for the hospital care and birth, I would advise that you do so. The questions of whether you have ever used or have been a recipient of any government benefits is a question in all immigration forms.

Answer Applies to: Texas
Replied: 4/27/2011

Answer By Aime Katambwe
World Esquire Law Firm
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I see no reason why it should affect her future visa application. Legally, you are on solid ground. Medicaid covers visiting relatives of those who pay for it, in this case your wife's family and perhaps yourself as well. Morally, I am sure you will do the right thing for you and your family and I do not know what that is. Good luck!

Answer Applies to: California
Replied: 4/27/2011

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