Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law
This answer was rated:

My question is my husband went to the emergency room twice

before he became a legal...
My question is my husband went to the emergency room twice before he became a legal citizen. We applied for emergency medicaid, but they said that is only for pregnant women. Then we were given the run around. The hospital said it exists, but they can not help me. Then I called the children and families again. They said that it does exist and to apply even though time has past. I then applied and he was denied. The reason was that he is not eligible. They did not explain why he was not eligible. He had gotten emergency medicaid for something before in ny in 2008. Here they say it does not exist. Do you know if this still exists and how we can apply. He still has bills from these visits.
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 28 minutes by:
9/6/2013
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,646
Experience: Write FOR JAMES to get my help!
Verified
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

Medicaid is a state run program. NY can do what it wants to, regardless of what FL decides to do. So comparing the benefits offered in NY to those offered in FL does no good.

 

Only the state can tell you whether he is eligible for Emergency Medicaid. If FL says he is not, there is nothing immigration or NY can do about it.

 

Here is the information about Emergency Medicaid in Florida: "Noncitizens, who are Medicaid eligible except for their citizenship status, may be eligible for Medicaid to cover a serious medical emergency. This includes the emergency labor and delivery of a child. Before Medicaid may be authorized, applicants must provide proof from a medical professional stating the treatment was due to an emergency condition. The proof also must include the dates of the emergency."

 

If you notice, it says that before your husband can be eligible for Emergency Medicaid, he must have proof from a medical professional that the treatment was due to a "serious" medical emergency, including the dates of the emergency. So if no medical professional provides proof that it was a serious medical emergency in accordance with the state Medicaid office, then Emergency Medicaid will not be issued. That is a requirement.

 

It also says that an alien "may" be eligible for Emergency Medicaid assistance. That indicates that the state of FL has the sole discretion to decide who gets Emergency Medicaid and who does not. There is no "right" to benefits of this sort. They are authorized in the discretion of the state Medicaid office.

 

Please know that I always do my best to help customers come up with a good solution, but from time to time, the law does not provide a good solution to every situation. Unfortunately, I cannot change that. I am only here as an information source, so please do not hold bad news against me by giving me a negative rating.

 

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, go to Ask Longhorn Lawyer and make sure you write "FOR LONGHORN" in the subject or at the beginning of your question.

Thank you!

Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,646
Experience: Write FOR JAMES to get my help!
Verified
Expert James and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
Thank you for your answer. I do have a follow up question. You are right I had forgotten to mention that the rep in fl did say to provide proof. However, when I called the hospital to get proof they said they never give that and had no idea how I would get that. Do you have any advice on how to get proof it was a medical emergency. Also, do you know why they did not request that and just denied him. Would it be smart to appeal since it gives me that option on the denial letter? Thanks so much for your help.
Customer reply replied 4 years ago
It say my question is finished, but I replied for a follow up.
Heliomar,

QUESTION:Do you have any advice on how to get proof it was a medical emergency.

ANSWER: Unfortunately, if the hospital doesn't want to give you proof, they do not have to. Those determinations are made only by the hospital management, and cannot be compelled unless they are attached to a legal proceeding. You might want to ask for his medical records, in general, and submit those. But you cannot compel the hospital to provide you with proof or a statement for your husband. If they don't want to give it, they do not have to.

QUESTION: Also, do you know why they did not request that and just denied him. Would it be smart to appeal since it gives me that option on the denial letter? Thanks so much for your help.

ANSWER: I don't know why they didn't request anything. I do not work for the state of Florida and I do not work for the medicaid office. I am an immigration attorney only.

It doesn't hurt to appeal, so you may as well try. But it doesn't mean any result will be different, unless you provide a reason for it, including but not limited to new evidence.

In all of this, you need to keep in mind that your husband is not entitled to medicaid, even in an emergency. That means he doesn't have a right to it, but is afforded the privilege of being granted it, if the state office so chooses.
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,646
Experience: Write FOR JAMES to get my help!
Verified
Expert James and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Ask Expert James Your Own Question
Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,646
12,646 Satisfied Customers
Experience: Write FOR JAMES to get my help!

Expert James is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I attended my Citizenship interview recently and I passed
I attended my Citizenship interview recently and I passed the civics and English test. They did not make a decision at that time because they were waiting for a file. I fixed an infopass appintment at… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Have a question regarding the Citizenship interview and
Have a question regarding the Citizenship interview and status of parents. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,864 satisfied customers
Can a American citizen apply citizenship for a brother in
Can a American citizen apply citizenship for a brother in law … read more
KLAW
KLAW
Juris Doctorate
1,777 satisfied customers
After an immigration bond denial can you request a
after an immigration rodriguez bond denial can you request a redetermination , and how soon and how often? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My husband citizenship application was denied in July of
My husband citizenship application was denied in July of 2016. The letter states it was denied for not having enough time in the US and giving false testimony under oath. Did not meet requirements for… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I had my citizenship interview completed and they did not
I had my citizenship interview completed and they did not make a decision since they are waiting for a file to adjudicate my citizenship. My finger printing was completed on January 9th 2017. I saw in… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question about citizenship interview and housing
Hi, I have a question about citizenship interview and housing status or marriage of petitioner can affect the citizenship grant My problem: I am the petitioner for my mother, she is now a resident. I … read more
Expert James
Expert James
Lawyer
12,646 satisfied customers
I had my citizenship interview completed and they did not
I had my citizenship interview completed and they did not make a decision since they are waiting for a file. I got a parking ticket for parking on snow covered streets, how ever the ticket is saying n… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am in the middle of applying for citizenship with my
I am in the middle of applying for citizenship with my biometrics appt scheduled for this week. My green card status expires on the 18th of January. I am also in the middle of applying for a mortgage … read more
Expert James
Expert James
Lawyer
12,646 satisfied customers
What are the requirements for acquisition of US citizenship
What are the requirements for acquisition of US citizenship at birth through a US citizen parent currently living abroad?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
What is dual citizenship, what does it entail, what are the
what is dual citizenship, what does it entail, what are the eventual problems it can bring to me as a person coming into the USA, and especially in matters of taxation or other, and would my bank want… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I applied for citizenship went to interview and my case was
Hello I applied for citizenship went to interview and my case was sent up for supervisory review shortly after I was sent a letter requesting more information. They are requesting a record of convicti… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
If one was applying for the citizenship and got a divorce
If one was applying for the citizenship and got a divorce during the process and she is under the 5 years span, what will happens to her application?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question about citizenship, immigration. It is
no, I have a general question about name changes and citizenship. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
What is the cost of obtaining dual citizenship? U.S.
U.S. citizen, mother born in mexico, unknown father. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am applying for citizenship and was convicted of
I am applying for citizenship and was convicted of misdemeanor for applying for drivers licencse with a different name. I was in my teens and that was a mistake I made. I was convinced Of count 20 vc … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
An applicant applied for citizenship. The applicant never
Hello!An applicant applied for citizenship. The applicant never received the biometrics notice until 4 months after it was scheduled. The application center conducted the applicants biometrics. A few … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I went to immigration for my citizenship papers and was told
Hi, i went to immigration for my citizenship papers and was told to go home because i did not have the PTI program? what can i expect from that? … read more
KLAW
KLAW
Juris Doctorate
1,777 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x