In my column This week's Consulta Migratoria® answers several questions from readers. Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an attorney or federal government representative who specializes in Obamacare law before taking any action.
This is the column:
Over the past few weeks I have received several questions from readers who have expressed doubts about their eligibility and other concerns about the federal Patient Protection and Affordable Care Act (Patient Protection and Affordable Care Act), known as "Obamacare". Some of these people are undocumented and others are applying for immigration benefits.
I am undocumented, do I have to buy health insurance under Obamacare? -Dennise G.
Dennise, undocumented individuals are not eligible for the program. The new law does not require these individuals to have health insurance.
However, low-income undocumented immigrants will continue to be eligible for Medicaid/Medi-Cal for emergency medical services. In addition, they will be able to obtain non-emergency medical services at certain community health centers and public hospitals.
Unmarried minor children of undocumented immigrants, who are U.S. citizens or lawfully present in the United States, will be able to take advantage of the program, including obtaining subsidies to pay for health coverage, as long as they qualify. In addition, they will continue to have access to children's health programs such as the Children's Health Insurance Program (CHIP).
It is very important not to lie when applying for public benefits from the federal government because this can affect you when you apply for immigration benefits in the future. This includes using false documents or names or lying about your income.
I am in deportation proceedings in immigration court and have applied for cancellation of removal. Can I apply for health insurance under Obamacare? -Perla R.
Perla, people who are applying for cancellation of removal or removal may be able to apply for health insurance under Obamacare if they meet the proper requirements.
One of the goals of this initiative is to increase health coverage and make it more affordable for most people. Under the new health care reform law, certain people who are "lawfully present" in the United States could receive financial assistance to purchase health care coverage, according to a sliding scale that will give more help to those with lower incomes.
According to a legal analysis conducted by the National Immigration Law Center (National Immigration Law Center), the federal government has determined that the following individuals are considered to be "...in the United States.legally present"They may be eligible for benefits under Obamacare if they meet the eligibility requirements:
Obamacare eligibility:
1. U.S. Citizens
Legal Permanent Residents
Applicants for Adjustment of Status who have approved family or work petitions.
4. People fleeing persecution
● Refugees
● Persons who entered the U.S. with conditional permission.
● Asylees
● Persons who have been granted deferral of deportation or removal.
● Persons who have been granted deferral of deportation or removal under the Convention Against Torture
● Applicants for asylum or deferral of deportation/removal.
5. Other types of humanitarian immigrants
● Persons in Temporary Protected Status (TPS)
● Persons who have entered the U.S. on Parole (Parole)
● Cubans and Haitians who have entered the US.
● Deferred Enforced Departure (Deferred Enforced Departure)
Deferred Action, except for people in the Deferred Action for Childhood Arrivals (DACA) program. People with DACA are not eligible.
● Special Immigrant Juveniles
6. Survivors of Domestic Violence, Human Trafficking and Other Serious Crimes
Survivors of domestic violence who apply for or are granted certain immigration benefits such as VAWA.
● Victims of Human Trafficking and certain of their relatives applying for or being granted T-visas
● Persons who have been granted or are applying for a U visa.
7. Persons with valid nonimmigrant status
● Persons on nonimmigrant visas who have not violated the terms of their visas.
● Citizens of Micronesia, the Marshall Islands and Palau.
8. People who have lived in the U.S. for a long time.
● Lawful Temporary Residents and persons applying for benefits under the Immigration Reform and Control Act (IRCA) Legalization Program.
● Individuals applying for benefits under the Legal Immigration and Family Equity Act (LIFE) Legalization Program.
● Persons who have been granted Family Unit status.
● Persons applying for cancellation of removal or removal
● Persons with supervision orders
● Individuals applying for benefits under the Registry program.
Where can I find more information about Obamacare? -Teresa D.
Teresa, you can get more information about Obamacare at the website cuidadodesalud or by calling 1-800-318-2596 (individuals and families) or 1-800-706-7893 (small businesses).
In addition, on the website cuidadodesalud you can find a list of people and organizations in your community that can answer your questions and help you enroll if you qualify.
If in doubt, consult with an attorney or federal government representative who specializes in Obamacare law before taking any action.
For more information and immigration tips, read my blog inmigracionhoy.com.
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a past President of the Hispanic National Bar Association and current President of the Los Angeles Westlake South Neighborhood Council. To contact Mr. Castillo's office, please call (213) 537-VISA (8472).
