Published on and the Epoch Times on June 23, 2017

Q & A.


Is the Immigration Status Affected by Medicaid and Using a Tax Credit Toward Paying Premium Health Insurance?

I am an American citizen and I my husband is on a green card. I was granted Medicate and during the process he was granted one for three months and then it was terminated by Medicate due to his immigration status. I applied for a health insurance for him via the market and we were giving tax credit toward our premium due to our low income. Would that be considered as governmental aid and affect his immigrant status when we apply for his citizenship? If so what shall we do?

Mr. Lee answers:

The question of government aid is not one that is asked on the naturalization application. I seriously doubt that the subject would ever come up in a citizenship interview. 


Can I Travel Outside the Country With An Open Criminal Case?

I have an F-1 VISA. I'm hoping to travel home to Canada for a weekend but I am summoned to appear in criminal court on a date after that weekend. Will there be any issues upon re-entry to the United States as I'm here on a F1 student visa.

Mr. Lee answers:

Although I am not aware of all the databases of diverse agencies that the government is tapping when it admits individuals into the country, I believe that the government is more concerned about convictions than arrests. If you already have a valid F-1 student visa, your chances of reentry are good. If you do not have a valid one and must apply for the visa at an American consulate or embassy, you may have to explain the circumstances of the arrest and be subject to a discretionary grant or denial of the visa. If you are a Canadian citizen, you do not need a visa in your passport to enter the country under F-1 status and must only pass inspection at the port of entry. 

K-1 Visa Sponsorship

For a K1 Visa Application, Do they look at your Gross Adjusted Income, Gross Income, or Total Income for sponsorship qualification?

Mr. Lee answers:

For sponsorship qualifications, total income is usually a more accurate gauge than adjusted gross income or gross income. Although K-1 petitioners would use Form I-134 for the affidavit of support, the I-864 affidavit of support for permanent family-based sponsorship gives a good idea of what is being sought by DHS as the instructions request total income to be designated if filing IRS forms 1040 or 1040A, and adjusted gross income if filing form 1040 EZ.



Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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