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Will pregnant women be considered a public charge?

I recently received my EB-5 visa from the Indonesian consulate. My wife and I are planning to go to the U.S. soon. My wife is 28 weeks pregnant. Would we be considered a public charge if my wife is pregnant while I do not have a job yet when we arrive at the U.S. border?

Answers

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Best is to arrange for private health insurance for her to be sure this issue does not arise.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No, not unless she becomes primarily dependent on government for subsistence (i.e., receives public case assistance, etc.).

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    Charles Foster

    Immigration Attorney
    Answered on

    No. The fact that your wife is pregnant should not in any way affect her eligibility to be issued an EB-5 immigrant visa and to be admitted into the U.S. as a conditional lawful permanent resident.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    As long as you can show that you have enough funds to take care of your medical needs and basic sustenance pregnancy of your wife, it should not be a reason for denial of entry.

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    Phuong Le

    Immigration Attorney
    Answered on

    While possible, unlikely this alone would trigger public charge (especially if you can show that you're self-sustaining and have the funds to take care of yourself if anything happened). You may have questions about the pregnancy and your intentions, though, but that's a whole different matter.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    EB-5 investors and their derivatives are not subject to an I-864 affidavit of support requirement. A pregnant wife should not be a reason for a public charge finding in an EB-5 investor's immigrant visa case. Discuss with your immigration attorney.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Did you mean you received your EB-5 visa from the U.S. embassy in Indonesia? Was your wife included with you in the EB-5 application? Did she also receive an EB-5 visa? If you can show that you have enough money to pay for the hospital bill and other expenses, you should be OK.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Pregnancy is not a reason for a public charge. If you obtained a green card through EB-5, you are almost by definition a high net worth individual, so I would absolutely not be worried. It is helpful if you have a job offer, or if you can show you have assets and/or that you plan to open a business. The basic standard for public charge is the HHS Poverty Datum information and you might be viewed as a family of three, not two. For 2019 the amount needed annually is $21,330.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may want to be prepared to show you have the means to afford medical care if it's possible you'll be here through the birth.

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