Can a permanent resident apply for Medicaid when A Form I-864 was submitted when he was petitioned by his son?

Most issues relating to needs-based Medicaid benefits should be addressed by an attorney who works in that area of the law. In the event that a Permanent Resident qualifies for and receives needs-based public assistance, such as Medicaid, the government may seek to enforce a sponsor's obligations under a form I-864 Affidavit of Support. This is true regardless of whether the beneficiary is already working. All questions on a Medicaid application MUST be answered truthfully. [Note: Consistent with policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * [email protected]

As someone who has public benefits and immigration experience, the answer is that a greencard holder is statutorily barred from receiving federally funded public benefits for a 5 year period after entering the US. However, if a person has 40 quarters of 10 years of work history with the socail security adminsitration, this person wa snot in need of an I-864 to begin with. The tricky part here is that you do not say what country your parents are from. The US has treaties with other countries and gives credit for ime worked in other countries into our social securiy system. Go to www.ssa.gov or call the social security administration to find out if your father's home country is in a treaty with the US for retirement benefits. In addition, when it comes to state based public benefits, each state has been given block grants from the federal government to disburse according to each state's need. That means that if a state wanted to extend public benefits to a greencard holder with less than 5 years of status as an LPR, they could. For a complete chart about immigrant eligibility for public benefits go to www.nilc.org for assistance. In general, most states have not enforced the affidavit of support against a sponsor. The only state I am aware of that has, is Connecticut. It could be that Florida is moving in that direction. I don't know, Best of luck... Disclaimer: this response does not constitute legal advice or the creation of the attorney-client relationship