Can My Foreign, Legally Present Fiance Use ADAP Without Being Considered Public Charge By US Immigration? | myHIVteam

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Can My Foreign, Legally Present Fiance Use ADAP Without Being Considered Public Charge By US Immigration?
A myHIVteam Member asked a question 💭

My fiance is HIV positive and coming here from his home country in Asia. He will come on a fiance visa and then we’ll marry and apply for a green card. During the green card application and beyond, he cannot become “Public Charge” meaning using certain public assistance. My income is pretty low and after insurance we’re going to have to pay a lot to get his Biktarvy monthly. Please, does anyone know if using ADAP and/or Ryan White funds would be considered Public Charge to immigration?

posted June 5, 2021
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A myHIVteam Member

Check with doc about patient assist card also. Both my husband and myself are on biktarvy and have the card. Worth checking into. With my first husband, went thru immigration red tape, but he was allowed to use ADAP and Ryan White while he had his work permit, waiting on green card. That was 20 years ago and i know things change.

posted June 17, 2021 (edited)
A myHIVteam Member

https://aplahealth.org/news/new-trump-administr...

posted June 15, 2021
A myHIVteam Member

.https://www.uscis.gov/archive/public-charge-fac...

posted June 15, 2021
A myHIVteam Member

Current Public Charge Rules and People Living with HIV

While the public charge does not currently affect federal HIV funding, there have been rumors and reports that it could in the future and that the current administration would like to include Ryan White into programs affected by the public charge determination. Can you please inform us where the public charge rules currently stand, what the future of those rules looks like, and how they might affect immigrants relying on federally-funded programs for healthcare, particularly Ryan White and other programs for people living with HIV?

The new 2019 Department of Homeland Security public charge rule was suspended during the declared national emergency related to COVID-19. However, on August 12, 2020, this suspension was limited to New York, Connecticut, and Vermont. The rule applies everywhere else in the United States. A timeline of the rule and litigation can be found here: https://www.ilrc.org/public-charge-timeline.

When determining whether or not someone is likely to be a “public charge” the new rule looks at whether the individual receives certain means-tested benefits. The use of state, local, and tribal funded non-cash programs and Ryan White programs (including the AIDS Drug Assistance Program, or ADAP) are not included in the rule and do not count towards someone being determined a public charge. Receiving public benefits does not automatically make an individual a public charge. Therefore, there is no need to disenroll in services for most people who are subject to public charge.

The new rule emphasizes consideration of negative factors in a person’s life circumstances when evaluating whether they are likely to become a public charge in the future. The new rule encourages immigration officers to consider the age and ability to work, health conditions, income, ability to speak English, and whether or not the person has private health insurance.

posted June 15, 2021
A myHIVteam Member

You may want to check specifically with an immigration attorney. It may specifically depend on how your state administers the program as well.

posted June 7, 2021

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