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My US born citizen husband is active duty military. He

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My US born citizen husband...
My US born citizen husband is active duty military. He signed an I-864 for me (and my son from a previous marriage) and we successfully immigrated and received our 10 year green cards. My son is 21 and a full time student at university. He is no longer covered under my husbands' military health insurance. Can he (my son) get DSHS Apple insurance? Or is that not allowed with the I864 my husband signed originally?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 3 minutes by:
2/1/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,835
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

First, please thank your husband for his service to our country. Second, it looks to me like DSHS Apple insurance is basically non-emergency Medicaid, correct?

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Customer reply replied 2 years ago
I googled it, and Im not very knowledgeable about it but it seems to be a free healthcare plan and it mentions medicaire. I just don't want my husband to be sued by the federal government because of the I 864 he signed.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

I wouldn't apply for it. It looks to me like it is a Medicaid program and only emergency Medicaid is not means-tested. Here is a link:

http://www.whatcomalliance.org/documents/ipa/ACA%20fall%20advocates%20training%20immigrant%20eligibility%20slides%20KFL%209%2016%2013.pptx

If you look on the third slide, it clearly says that he must be eligible for means-tested public benefits.

So I would avoid applying for this. Perhaps he can apply for health insurance through his school or something like that.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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Customer reply replied 2 years ago
Just so Im clear, I know that for myself that I-864 doesn't expire until I work 40 quarters or I become a citizen. Is the same true for my son?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

That's correct, each would need to individually meet the requirement to allow your spouse to be free and clear.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello Kathy. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello Kathy. Thank you for your kindness and respect. Good luck to you.

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