Q&A’s published on Lawyers.com and the Epoch Times on June 12, 2020 1. My Married Sister is in the US Legally. How Long Will it Take If I Am a US Citizen to Sponsor Her? 2. I Submitted the I-130 in Nov 2019.  On April 2020 I Got a Notice to Provide More Evidence.  Does it Mean that my Previous Fee/Evidence is Lost? 3. I Signed an I-864 for My Husband As His Sole Sponsor a Year Ago.  Can I Apply for Medicaid Now?

1. My Married Sister is in the US Legally. How Long Will it Take If I Am a US Citizen to Sponsor Her?

I’m a us citizen, my married sister is in the states under a student visa, she is doing a major, so i was wondering if I decide to sponsor, how long will it take.  I’m aware of that when the relatives are in the US, LEGALLY the waiting period it’s supposed to be less than (10 years in this case). Was I correct?

Mr. Lee answers,
Even if your married sister is in the U. S. legally, it will generally take the same amount of time for her to obtain permanent residence inside or outside the country. Currently for the month of May 2020, those siblings who filed I-130 petitions before 07/22/06 are eligible for their final immigration, so the waiting time is now about 14 years. Whether inside or outside the United States, the final action date on the visa chart must be current before a person can be adjusted to permanent residence in the U. S. or given an immigrant visa at the home consulate or embassy. 

2. I Submitted the I-130 in Nov 2019.  On April 2020 I Got a Notice to Provide More Evidence.  Does it Mean that my Previous Fee/Evidence is Lost?

I was asked to provide more evidence… which initially I had provided with my application on 11/23/19… all evidence on the checklist was submitted and yet I had a notice of more evidence on 4/15/20 or face being denied.  Does it mean that my previous fees and evidences have been lost?

Mr. Lee answers,
If you received a notice to provide more evidence, that means that U.S.C.I.S. has already received your case and is only asking for the additional evidence at this time. Your fee has certainly not been lost, and you should check carefully to see what U.S.C.I.S. is requesting to ensure that the evidence that you initially provided was sufficient. If you believe that it was, you can send it again, but I note that U.S.C.I.S. usually asks for evidence because it is not satisfied with what was originally submitted. 

3. I Signed an I-864 for My Husband As His Sole Sponsor a Year Ago.  Can I Apply for Medicaid Now?

I just had a baby and I’m trying to get financial assistance through the hospital but they need me to apply for Medicaid first before they can go through with the assistance. I signed the I-864 for my husband last year and still make too much money to qualify for Medicaid but the hospital requires a denial from them. Can I get in trouble for applying for Medicaid since I signed for him as his sponsor?

Mr. Lee answers,

Under U. S. immigration laws, the issue is not whether a person applies for Medicaid, but whether the person receives Medicaid benefits. If you are not receiving means tested benefits from federal, state, or city, the Medicaid question is inapplicable. Even if you were receiving Medicaid, you would not get into trouble for having signed for your husband’s financial affidavit support as there is no indication of fraud in your case and the prohibition would be against him receiving means tested benefits.