BoBi Ahn
Immigration AttorneyReceiving Obamacare (health insurance under the Affordable Care Act) does not affect your ability to become a lawful permanent resident.
My family is currently on EB-5-based conditional green cards and we are in the process of applying for the 10-year green cards. We are looking into applying for Obamacare or other types of government-funded health insurances. Would applying for these insurances impact our chance of getting the 10-year green cards?
Receiving Obamacare (health insurance under the Affordable Care Act) does not affect your ability to become a lawful permanent resident.
ACA insurance may be purchased in the marketplace if you are eligible.
The new rule seems to avoid the issue of the ACA insurance plans. They focus more on cash benefits. ACA is subsidized but you still have to pay.
You must be a permanent resident for five years before you can obtain government-funded health insurance.
You can buy affordable medical insurance in the marketplace with a conditional green card. Obamacare, which is affordable care, allows you to buy medical insurance in the marketplace where the premium is a function of your income. Buying medical insurance in the marketplace should have no impact on your I-829 petition which when approved should grant you the 10-year green card.
Generally, one has to be a citizen or permanent resident or even be in legal non-immigrant status to be able to buy into the Obamacare or ACA. Thus, facially you may qualify based on your immigration status. However, a far more important issue is that you have to meet some financial and other requirements before you can buy into the insurance. It is advisable that you should consult an independent insurance agent who can help you compute and determine whether you qualify or not.
Under both the current public charge policy and the proposed rule, it is acceptable to use Obamacare (Affordable Care Act health insurance) with financial help if you are eligible. Using it should not hurt your ability to adjust your immigration status.
First, you can apply for Obamacare online. Second, considering the immigration environment, I think you may want to refrain from asking or receiving any government-funded program, only to be on the safe side. You should consider and buy a private health insurance policy for you and your family.