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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12303
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Madam, My husband was working in a company in the US, CA and

Customer Question

Dear Sir/Madam,
My husband was working in a company in the US, CA and was holding an H1B visa. He lost his job, last payment day is Dec, 18th. He has been working in the US for more than 5 years.
We have applied for a Green Card in the category EB2-Nation Interest Waiver, filing both I-140 and I-485 concurrently.
Currently, while waiting for a decision of a Green card, can we have any Social Security Support or any state program support? Can we have a medical insurance, such as Medi-Cal or even an emergency medical insurance? Any other type of support, being unemployed?
Sincerely ***** *****
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

ANSWER: Unfortunately, he will not get any federal social security support. Nor will he qualify for no-cost federal medicare/medicaid benefits, as those requires some time as a permanent resident first.

As far as medical insurance, that is something that only the insurance provider can decide. Immigration officials do not have jurisdiction over the issuance of private insurance benefits through private companies, which is the vast majority of insurance providers.

As far as emergency medicaid, that should not be an issue. This is not even considered in the determination of a public charge, as the implication is that it is used in emergency situations. As far as unemployment insurance and Medi-Cal, that is something only the state of California can decide because they administer those programs. I imagine because California is a relatively progressive state, he would qualify for some benefits. But only California agencies that administer those programs would be able to tell him for sure.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

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Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!