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Questions and Answers > EB-5 Requirements

What benefits are available on F1/F2 status if an I-526 has been submitted?

My wife and I are currently on F1/F2 and we submitted an I-526 petition four months ago. Since it may take longer than we expected, if she gets pregnant, can she apply for Medicaid? I know that in New York non-immigrant visa holders are allowed to apply, but how will the EB-5 application affect this?

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Answers

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    John J Downey

    Immigration Attorney
    Answered on

    The EB-5 petition will have no bearing. You need to check with your local state and Medicaid to determine any benefits.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your EB-5 attorney will be able to advise you on the Medicaid process. However, be aware that if a pending immigrant is likely to become a public charge then the application for permanent residency may be denied.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    While the I-526 is pending, it provides very little direct benefits for the investor. Certain benefits under Medicaid could be deemed as triggering the denial of the green card. In addition, an investor who could produce half million dollars in cash as an EB-5 investment, may never qualify for Medicaid, which is reserved for the lower income population. You may also expose yourself to the risk of public benefits fraud, which carries criminal penalty.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you are complying with the rules and regulations that pertain to the F1 and F2 status, you should be ok when applying for conditional permanent residency. However, you should consult with an immigration attorney with experience in EB-5 to review your entire immigration history for possible immigration consequences of your actions before making them.

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    Robert Baizer

    Immigration Attorney
    Answered on

    Medicaid is for poor people who cannot afford medical care. A person with a $500,000 investment plainly would not qualify.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The submission of an I-526 petition does not change, or add to, any immigration status or benefits you might have. There is language at the top of the receipt notice to this effect.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You really do not want to apply for federal benefits, as that could impact your adjustment of status application if it shows you and your family are a burden on the country.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    One of the requirements for receiving a green card is to show that you will not become a burden to the public by receiving welfare. By receiving the Medicaid, which is a welfare program, you may have to answer some tough questions after your I-526 gets approved for adjustment of status (I-485). Also, I question how you could ask to qualify for such a welfare program, which is reserved for the poor when you have more than $500,000 to invest in the EB-5 program.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    It may not be a good idea, as you may be asked if you have ever applied for any kind of federal benefits; while it is not grounds for a denial, you may certainly be required to pay it back.