Legal Green Card Holder Eligible for Medical Care?

[z00144390]

Dear Team,

I received permanent resident status(totally legal) in the year of 2000 through my parents who live in the state of Maine. My son was born on Dec. 2001 and I received medical care (Maine Care)from the state of Maine during my pregnancy and delivery.

I am currently living in China to accompany my husband who works in Shanghai. I normally return to the US every 4-6 months during my son's school vacations. Earlier this week, I brought my son to the US Embassy in Shanghai to renew his passport. During the session, the consular asked some questions which did not make sense to me. Below was our conversation in exact details.

Consular: Why do you live in Maine?
I: My parents live there.
Consular: Do you go to US for giving birth?
I: No, my whole family live there. I go to US as legal permanent resident.
Consular: When you gave birth, where did the money come from?
I: I applied for Medical Care from the state of Maine.
Consular: Do you know that's the tax payer's money?
I: Yes.
Consular: Do you know you cannot go back to America?
I: NO. Why?
Consular: Are you US citizen?
I: No.
Consular: You violate the federal law. The taxpayer's money are not for you.
I: I am also a taxpayer. I worked when I was in US and paid taxes. I worked before and during my pregnancy. I also worked the birth of my son.
Consular: I do not want to listen to your excuse.
I: This is not excuse. My status was clear when applied for the medical care. If I was not eligible, why did they gave it to me?
Consular: I do not want to talk to you anymore. You are wasting my time.

Then the consular made a copy of my passport and wrote in the blank space: Do Not Grand Visa.

I am now confused about the situation. When I applied for the medical care, nobody ever told me that only US citizens can be eligible. The summer is coming and my son and I will return to the US during the school vacation. It would be very helpful if you can answer my questions listed below:

1. Did I violate some federal law for using the Maine care? If so, how can my application for the medical care be passed?
2. What does the consular mean by "Do Not Grand Visa"? I do not need visa to return to US.
3. Will I be able to return to US? Will I face any difficult situation at the Custom?
4. What will happen to me when I re-enter US? Are they going to place a legal charge on me?

Thanks and Best Regards,
Kelly

[AFFA]

I wish to inform you that MaineCare is available to persons who meet the income guidelines, therefore, you may like to verify if you met the income guidelines while being on MaineCare. Further, while you are free to travel outside of the USA as a green card holder on short trips of less than a year but if it is determined that you do not intend to make USA your permanent home then you may not be allowed to reenter USA. You must establish your intention to return to the United States as your permanent home.

AFF

[sandyclaus]

Originally Posted by z00144390 Dear Team, I received permanent resident status(totally legal) in the year of 2000 through my parents who live in the state of Maine. My son was born on Dec. 2001 and I received medical care (Maine Care)from the state of Maine during my pregnancy and delivery. I am currently living in China to accompany my husband who works in Shanghai. I normally return to the US every 4-6 months during my son's school vacations. Earlier this week, I brought my son to the US Embassy in Shanghai to renew his passport. During the session, the consular asked some questions which did not make sense to me. Below was our conversation in exact details. Consular: Why do you live in Maine? I: My parents live there. Consular: Do you go to US for giving birth? I: No, my whole family live there. I go to US as legal permanent resident. Consular: When you gave birth, where did the money come from? I: I applied for Medical Care from the state of Maine. Consular: Do you know that's the tax payer's money? I: Yes. Consular: Do you know you cannot go back to America? I: NO. Why? Consular: Are you US citizen? I: No. Consular: You violate the federal law. The taxpayer's money are not for you. I: I am also a taxpayer. I worked when I was in US and paid taxes. I worked before and during my pregnancy. I also worked the birth of my son. Consular: I do not want to listen to your excuse. I: This is not excuse. My status was clear when applied for the medical care. If I was not eligible, why did they gave it to me? Consular: I do not want to talk to you anymore. You are wasting my time. Then the consular made a copy of my passport and wrote in the blank space: Do Not Grand Visa. I am now confused about the situation. When I applied for the medical care, nobody ever told me that only US citizens can be eligible. The summer is coming and my son and I will return to the US during the school vacation. It would be very helpful if you can answer my questions listed below: 1. Did I violate some federal law for using the Maine care? If so, how can my application for the medical care be passed? 2. What does the consular mean by "Do Not Grand Visa"? I do not need visa to return to US. 3. Will I be able to return to US? Will I face any difficult situation at the Custom? 4. What will happen to me when I re-enter US? Are they going to place a legal charge on me? Thanks and Best Regards, Kelly

If you were working in the US and earning an income here, along with your husband, then why was the state of Maine paying for your medical care? Why were you not using your earned income to pay for your OWN medical for the birth of your son?

Also, you would have needed to complete 5 yrs or more on a Green card status and are continuously living in USA in order to qualify for Medicare provided by the state for your medical care. And since that program is based upon your income, you would have had to be considered low income to qualify as well.

It sounds to me like you failed to disclose your true residency status (obviously since you are only visiting the states every 4-6 months and have legal permanent residence in China with husband), along with the income of your non-resident husband in order to obtain free medical care (you would have to have withheld that, because if you can afford to keep traveling to the US every 4-6 months, you certainly could afford to pay for your OWN medical care).

That's why you are not being granted a visa to return to the US, and why you should not be granted further FREE medical care that we, the citizens of the US, are essentially paying for.

Dear All,

I really appreciate the replies posted.

To clarify more details about my situation. I want to make it clear that my family and I do wish to make US as our permanent home and this was the reason why I went to the states in 2000. When I first arrived in US, my English was really bad which prohibited me to get a better paying job. I worked as a house keeper in a hotel when I lived in Maine and the income was not quite enough to cover the whole cost of the medical bills during my pregnancy. When I applied for Maine Care, all the information I provided were true. I have also stopped using the medical care for at least 6-7 year.

After my son's birth, I tried to keep my life focus in the US since my parents and all other family members live in the states. However, it became increasingly difficult to obtain a job during the economic downturns.
I currently live in China mainly for 2 reasons.

First, my husband can get a better job and career development in China to support the family. And I do wish to be with my husband instead of having him working in China along.
Secondly, my son and I lived in US for most of the time from 2001-2006. It was not until 2006 when I decided to bring my son back to China since it was increasingly difficult to obtain a job by 2005.

As my son is growing up and my parents aging, there has not doubts that I will move back to the states and stay there permanently. Originally, we do plan to return after my son finish 5th grade (he's a 4th grader now).

Please, can anyone give me some suggestions on what should I do now so I will not be separated from my family.

Thanks and Best Regards,
Kelly