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Ice on Immigration: Out of Status
Immigrants and Federal Benefits
By L. Patricia Ice, Featured
Columnist
Question: I have a rather urgent question regarding my mother, and
whether or not she is eligible for Medicare and Social Security
retirement benefits. My mother is currently “out of status,” as I
understand it. She came into the U.S. 30 years ago on a temporary visa
and has raised her children here. I have reviewed her passport, visa,
and I-94 documents; all clearly state that they expired in 1985. Simply
put, she never left, but has built a life and raised children in
America.
She is separated from her husband, who is currently not in the
United States and not a U.S. citizen.
At one point, shortly after she turned 65, she did attempt to apply
for Social Security benefits; the office told her they need to see her
immigration documentation and she never returned because of her fear of
being reported/deported.
She is now 70; her fear I applying for Medicare and Social Security
is that she will get reported to ICE and will subsequently be deported.
My mother has now been diagnosed with cancer and is undergoing
procedures that are made possible through a state Medicaid program, but
now we’ve been told by the hospital’s “intake Coordinator” that Medicaid
will not cover the chemotherapy that my mother will need.
I have no idea how we will attain the medical care needed for her
cancer, along with other health problems brought on naturally by age.
After doing hours of research on eligibility for Medicare, I’m under the
impression that she will be denied coverage. What is your opinion on
this?
Answer: From what you describe your mother may indeed be out of
legal immigration status. According to the Guide to Immigrant
Eligibility for Federal Programs, 4th Edition published by the National
Immigration Law Center (NILC) your mother is not eligible for Medicare
if she is not lawfully present and if she is not a permanent resident.
Whether your mother is eligible for Social Security benefits depends
upon several factors which you did not discuss in your letter. Please
check out the NILC web site at www.nilc.org for more information.
All states must provide Emergency Medicaid services to state
residents regardless of immigration status if they meet Medicaid's other
eligibility requirements. This includes undocumented immigrants. An
emergency is defined as a medical condition with acute symptoms that
could place the patient's health in serious jeopardy, result in serious
impairment to bodily functions, or cause serious dysfunction of any
bodily organ or part. Maybe your mother is eligible for Emergency
Medicaid.
I suggest that you consult with a reputable immigration attorney in
your state or a Board of Immigration Appeals (BIA) Accredited
Representative to see if your mother is eligible to apply for lawful
permanent residence status based upon her relationship to you or your
siblings. At the same time, you should inquire about her eligibility
for federal and state health benefits. Look at the Catholic Legal
Immigration Network (CLINIC), American Immigration Lawyers Association (AILA)
or National Immigration Project of the National Lawyers Guild (NIP) web
sites (www.cliniclegal.org) (www.aila.org) or (nationalimmigrationproject.org)
to help you find qualified immigration lawyers or Accredited
Representatives.
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