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.