Immigration Law Questions? Ask an Immigration Lawyer.
Hello, my name is Judith. Thank you for this opportunity to answer your questions.
How quickly should we deliver the necessary documents?
The sooner you submit the information the sooner you will get a decision.
Should I assume that she will most likely be rejected once it is shonw that the payments were made through Medicaid?
Unfortunately, yes. They will deny the visa on the basis she is was a public charge - she used US funded benefits based on her lack of means to pay for the medical care. This is a ground to make her inadmissible.
What are our chances of getting a B2 visa?
Very low. The consul will deny her because she used welfare benefits. Becoming a public charge makes you inadmissible.
Is there a way to pay Medicaid back now. Is there such a system of payback?
You would need to contact the hospital and ask them. I think since the means tested benefit was paid as far back as 2007, the reimbursement may be next to impossible now. You may still be able to pay 2011.
If she gets rejected how do we appeal? What should we do to make an appeal and improve our chances of getting a positive response?
There is no such thing as an "appeal" of a visa refusal. It is at the discretion of the consul and you cannot fight this in court. The courts have no jurisdiction and Washington will only reverse a decision if there is no basis in law for it to be made. Public charge is ground to be inadmissible written in the law.
If she gets rejected how long is banned for from entering the US?
It could be a permanent bar. She can file a hardship waiver if you sponsor her for a green card but there is only a discretionary waiver under 212(d)(3) for a nonimmigrant visa.
That is at the discretion of the consul.
You will have to show that she has have sufficient funds and would not be a risk to go on any government benefits program if she got sick, etc.
Does it help to fly over to the US, to go to the hospital where she gave birth and try to settle Medicaid costs before submitting the documents
If she is able to show she has reimbursed the government, that will definitely open the door to ask for a discretionary waiver under 212(d)(3).
Here is a link to an article on the waiver
Please let me know if my answer was helpful or if you have any follow-up questions. Experts only receive credit for our time if you rate our answers. I am eager to provide you satisfaction, although I may not be able to tell you what you want to hear. The law is not something I can change and may mean I have to deliver bad news.
Would writing a cover letter help any chances for the B2? What can we say? Any tips on increasing our chances for an approval? Can we ask for a very short tem B2 (e.g. 1 month? 3 months?) to show that we will go in and out?
If we can rejected:
How do we apply for the discretionary waiver under 212(d)(3) ?
How long does the decision process take?
If we can show that we have enough funds would that help?
Is this something we do directly with the embassy or do we need a lawyer to do it on our behalf?
My visa is ending in 2016. Would I have the same issues as well. Do you have any suggestions in order to avoid such a problem.
Thank you for your help.
I don't think I was clear. She violated immigration laws by accepting welfare benefits. That is a very serious breach. The US does not have a national health system. The public welfare benefits are not available to someone who has no immigrant visa status. Coming her to visit and taking welfare is very serious violation and writing a cover letter saying you are sorry is not going to get her a visa.
To get the benefit you have to be telling the government you have no money or assets to pay for the health care. The law was written to keep the welfare that US citizens support through our taxes for those who live here and to keep people who are not able to pay for their needs out of the US.
The only thing you can do is try to reimburse the US federal government for the benefits they paid.
How do we apply for the discretionary waiver under 212(d)(3) ? You would ask for it in your letter. There is no application. You simply ask for it in their discretion.
There is no predicting. A month is reasonable to expect a response.
No because you violated the law in taking the benefits. You cannot reverse what you did. You can only make restitution and hope for the best.
Honestly, I have not seen a visa issued where applicants used Medicaid.
A lawyer who specializes in waivers would be helpful as they will write a memorandum of the law and try to make your case look favorable.
You can find a lawyer at www.ailalawyer.com
There is a drop down menu and choose "waiver"
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