Ask Me Help Desk - Obama care for esta travelers and other stuff

Hello, we are married couple, both 34 and since our country political situation is moving toward communism we decided it's time to move on, we would prefer USA over other countries for multitude of reasons but since my wife is pregnant (child due in April) I would like to ask few questions, they are not necessarily immigrant issues but hopefully somebody will be able to help us or at least direct us to some other place. So here goes:

1. we will arrive on ESTA to USA (plan to arrive in December), which would allow us to stay for 3 months, within these 3 months we will be non immigrants but lawfully residing in USA, now from 1.1.2014 Obama's health affordable care plan or w/e it's called will come into effect - does my wife has any chance without valid SSN to get any of those medical plans? Will valid ITIN help there at all, I believe we can get ITIN.

2. If she would not qualify for any health plan what options (if any) does she have regarding child delivery, we would want to avoid emergency care and exploit the system even though we know we have this option it would remain as last resort for us.

3. once child is born and s/he is US citizien, does the child have any kind of protection or any options regarding child care etc?

4. I lived in US from 1998 until 2005 at that time if you did not cause any problems nobody cared if you were there legally or not, is that still the case or is immigration office more active these days?

5. will SSN still get me job (I did get it through some friend though and I am fairly certain it is not official, looks fine though and worked years ago) or are employers more vigilant these days?

6. while I don't try to sound naïve, is there some chance to get eventually green card and make our stay in US official once we are there 10, 15 years... or w/e time simply on the fact that we are living there for a long time?

Thanks for any answers you can give me, I am not worried too much about the SSN situation for myself, I am more concern about eligibility of health care plan for my wife.

First, it sounds like you already intend to overstay your VWP before you get to the U.S. That is visa fraud, as when you enter the U.S. on VWP, you must intend to leave and not intend to stay.

1. The new health care act is not a "plan". It places requirements for private plans and sets up exchanges where you can shop for private plans. Also, illegal immigrants are not eligible for the exchanges or subsidies. I am not sure if the insurers must cover pre-existing conditions for illegal immigrants; your wife's pregnancy would be a pre-existing condition so that would be relevant. Also, insurance plans in the U.S. are expensive.

2. It's not just child delivery. You should also get prenatal care during the pregnancy. A few states, like California, offer special restricted pregnancy Medicaid that does not consider immigration status. Otherwise, most government programs you would not be eligible for.

3. If you're low income, there are programs like WIC or CHIP for nutrition for the child. Other than that, there is no general program for child care in America.

4. You lived in the U.S. legally or illegally? If you've overstayed previously, you probably cannot use VWP. If you're asking whether the Feds will track you down and arrest you if you come and overstay, probably not.

5. So this is not your SSN? A social security card is not enough to work in the U.S.; you also need some other document. Working with someone else's SSN also sucks, because when you file taxes, the withheld taxes will count under someone else, and you'll have a hard time convincing IRS that you paid it. But I guess you can't work without an SSN, so you have no choice.

6. Not under current law. But in the future? Who knows. If you stay in the U.S. the whole time, when your child turns 21 they can petition for a green card for you.

Thank you for your answer. To clarify a bit:

1. I know that illegal aliens won't have the option to apply for any health insurance under obama care but at that time - 1.1.2014 we will be lawfully in USA, I believe the exact term is lawful nonimmigrant presence - basically tourists if you want.

2. it sux a bit that it is actually easier to get stuff for free through emergency care rather than allow people to pay for it... seems bit silly to me

3. probably won't qualify for that, don't intend to wash dishes, looking for some IT job

4. came for tourist visa, overstayed 6.5 years, been back to use 3 times since (akways for genuine travels for few weeks etc - never had any issues), not sure how it is now but back in my times - all you had to do was "loose" i94 in your passport

5. I truly don't know if its mine or not, cost me several hundred $ back in 1998 also came with GC, I am 90% sure it is fake but I never had any issues with it through those 7 years I lived in these states: NY / WI / HI I also never filed for any tax returns etc even though I did pay all taxes on SSN

6. one can always hope but I know it's unlikely to happen... on the bright side - one saves on taxes

7. one additional question - how do illegal immigrants deal with e-verify and it's consequences?

Thank god you didn't pick Canada.

I especially disliked the part where you said you would like to 'exploit the system'. Do you actually know what you stated here?

I am going to quit before I say something I will regret!

Quote:

Originally Posted by tickle

Thank god you didn't pick Canada.

I especially disliked the part where you said you would like to 'exploit the system'. Do you actually know what you stated here?

I am going to quit before I say something I will regret!

It would be too bad if you had to get a low paying job to start, like washing dishes and going to soup kitchens.

I guess you realize I don't think much of your post.

Are you dumb? Learn to read please, the post said: We would want to AVOID emergency care and exploit(ing) the system...

I guess you realize I don't think much of you - if you don't have anything constructive to say - then just please be quiet, thank you.

Quote:

Originally Posted by magecar

Are you dumb? Learn to read please, the post said: We would want to AVOID emergency care and exploit(ing) the system....

I guess you realize I don't think much of you - if you don't have anything constructive to say - then just please be quiet, thank you.

I think you should have said 'NOT exploit the system'. Read back on how that sentence sounded; and you don't get to dictate Who replies here.

DUMB, no, hardly think so. Unfortunate choice of words again.

Yes that sentence could be understand both ways, if you did not have any content to go with it
***
We would want to avoid emergency care and exploit the system even though we know we have this option it would remain as last resort for us.
***

Does it seems like something we
a) want to do
b) don't want to do

But you are simply too quick to jump to the conclusion... which is fine I guess but you are just wrong in this case when assuming we want to milk US system

Quote:

Originally Posted by magecar

yes that sentence could be understand both ways, if you did not have any content to go with it
***
we would want to avoid emergency care and exploit the system even though we know we have this option it would remain as last resort for us.
***

does it seems like something we
a) wanna do
b) don't wanna do

but you are simply too quick to jump to the conclusion... which is fine I guess but you are just wrong in this case when assuming we want to milk US system

I was going to give you advice on this matter, however, you insulted Tic by calling her dumb, therefore you're on your own kid.

You owe Tic an apology. She is a loyal and highly respected volunteer on this site.

You better check that attitude at the front door brother!