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Your premise is based on the incorrect belief that he made the binding contract (when he cannot, at a point where he didn´t have status in the United States) for his legal residence, not his wife being his sponsor. Just as the other personal accounts related here (and the son of the Polish woman), she is a U.S. citizen that has to come up with a way to pay the bill. There have been previous cases that have ruled the failure of the sponsor does not invalidate the legal residency of the immigrant.
Until 1992, someone with Down Syndrome couldn´t be sponsored for immigration to the United States. Now that it is possible, are the Down Syndrome immigrants drafting a legal contract with the U.S. government that they can support themselves not to be a public charge? Even if this couple would divorce, his wife is still responsible for the financial burden he could be, for the limit of the terms that she drafted to the government. Sponsors are warned to that effect, so she is put in the same position as if he were a child in her guardianship.
If he cannot support himself, nor can his wife, he IS a public charge, and thus, does not meet the requirements.
When the sponsor fails to live up to his or her financial responsibility to his or her immigrant, yes the immgrant should be returned home. Otherwise having a sponsor way is just a joke and the agreement to be held responsible is nothing but a sham.
The sponsor should be responsible, should be held permanently responsible for any and all immigrants they choose to bring in.
If the laws on family sponsorship were actually binding, you would suddenly see a whole lot fewer people wanting to bring in immigrants. All that family reunification would come to a sudden stop. As it is, people like to sponsor right and left because it's no skin off their teeth, they know they never have to really pay a dime if their immigrant needs it.
The cases that have been common in the past are American husbands that are trying to control a Sword of Damocles over their immigrant wives, to make them fear they would be deported if they are not demure wives. Immigration judges started to rule in the immigrants´ favor to combat that behavior. Certainly it is a different scenario here, at least his wife has stuck with him when other spouses would not have.
The sponsorship agreements are legally binding, you´re just speculating again like you always do...
The cases that have been common in the past are American husbands that are trying to control a Sword of Damocles over their immigrant wives, to make them fear they would be deported if they are not demure wives. Immigration judges started to rule in the immigrants´ favor to combat that behavior. Certainly it is a different scenario here, at least his wife has stuck with him when other spouses would not have.
The sponsorship agreements are legally binding, you´re just speculating again like you always do...
The financial responsibilitys of a sponsor are limited and ennumerated. Basically they can be required to pay back certain means tested items that would generally qualify as general welfare.
This whole problem is a gap that was deliberately created when we decided to prevent the use of social services for the first five years of permanent residency in the US. The requirement for the sponsor is basically 125% of the poverty level for a family of similar size. This of course is way below the threshold required to handle a devastating emergency.
There is much developping law about the ability of a hospital to send a foreign national back to his country of origin. Basically they have to certify that the receiving institution is suitable for the purpose. They make that certification at the risk of being sued if it is not.
This is one of those areas where the whole process is simply screwed up and no one is willing to fix it so the hospitals get screwed.
The cases that have been common in the past are American husbands that are trying to control a Sword of Damocles over their immigrant wives, to make them fear they would be deported if they are not demure wives. Immigration judges started to rule in the immigrants´ favor to combat that behavior. Certainly it is a different scenario here, at least his wife has stuck with him when other spouses would not have.
The sponsorship agreements are legally binding, you´re just speculating again like you always do...
His wife won't even pay for his hospitalization, she's only sticking with him because she's shoved her responsibility for him onto the taxpayers, kind of easy sticking with someone who costs you nothing.
This couple unlike Americans has a perfectly easy alternative of seeking his free care for him back in his own country. Something an American doesn't have.
The financial responsibilities of a sponsor are limited and enumerated. Basically they can be required to pay back certain means tested items that would generally qualify as general welfare.
This whole problem is a gap that was deliberately created when we decided to prevent the use of social services for the first five years of permanent residency in the US. The requirement for the sponsor is basically 125% of the poverty level for a family of similar size. This of course is way below the threshold required to handle a devastating emergency.
There is much developing law about the ability of a hospital to send a foreign national back to his country of origin. Basically they have to certify that the receiving institution is suitable for the purpose. They make that certification at the risk of being sued if it is not.
This is one of those areas where the whole process is simply screwed up and no one is willing to fix it so the hospitals get screwed.
And a Legal Permanent Resident can be refused re-entry if his wife tries to find a place in Mexico that doesn´t work out. Contrary to what someone here may say, the level of care he needs is not even close to free there. I even suspect that his wife wasn´t an immigrant herself, and could easily be unfamiliar with the medical system, and access for herself to live there on a permanent basis with him.
Her best option, for his continued long-term needs, is treatment without leaving the United States...
In five years or less (he is married to a U.S. citizen after all, and could get waivers for the language and civics tests of U.S. citizenship) he qualifies for Medicaid...
And a Legal Permanent Resident can be refused re-entry if his wife tries to find a place in Mexico that doesn´t work out. Contrary to what someone here may say, the level of care he needs is not even close to free there. I even suspect that his wife wasn´t an immigrant herself, and could easily be unfamiliar with the medical system, and access for herself to live there on a permanent basis with him.
Her best option, for his continued long-term needs, is treatment without leaving the United States...
In five years or less (he is married to a U.S. citizen after all, and could get waivers for the language and civics tests of U.S. citizenship) he qualifies for Medicaid...
Why isn't it free there? And didn't the pro-illegals make the claim that Mexico has eliminated it's immigration laws and anyone who goes there is given what it's citizens get in the way of government services?
He simply does not qualify for Medicaid and should not be given it, just like many American citizens do not qualify for Medicaid. His wife needs to pay for his care and he should not be occupying an expensive room in an acute care hospital just because he's a foreigner.
Like Americans who choose to go without health insurance and who do not qualify for Medicaid, let these people live with the consequences of their choice. He can be moved to a much cheaper nursing home and the wife can get a second job and pay for him. It's ridiculous that citizens are required to pay their bills and take on large debt but someone who immigrated here believes he or she is entitled to having everything be given free of charge.
All his wife needs to know that in his country, there is nationalized health care which he as a citizen of that country would be given. It's not free like they expect it to be here, but they would be charged on a sliding scale according to their income. Unlike many citizens, they can consider themselves lucky because they have access to the health care of both countries and can take their pick on which system they can better afford.
This is this couple's chance to try out natioanlized health care that many rave about.
Also it's not accurate to claim that her best option is not to seek treatment outside the USA. The guy is breathing on his own, and doesn't need an acute care hospital setting any longer.
The best thing might just be to have him recover back in his own country, just like many Americans will do if they become ill or need to be hospitalized in another country, they want to return home after being stabilized. Mexico has nationalized health care and it's health care is much more affordable than in the USA.
Certainly looking at rehabs and nursing homes in Mexico is a valid option, especially if the wife cannot afford nursing home costs here. If it comes out to be $2000 a month for a nursing home here but only $500 for one in his country, why shouldn't the wife choose the more affordable one?
And a Legal Permanent Resident can be refused re-entry if his wife tries to find a place in Mexico that doesn´t work out. Contrary to what someone here may say, the level of care he needs is not even close to free there. I even suspect that his wife wasn´t an immigrant herself, and could easily be unfamiliar with the medical system, and access for herself to live there on a permanent basis with him.
Her best option, for his continued long-term needs, is treatment without leaving the United States...
In five years or less (he is married to a U.S. citizen after all, and could get waivers for the language and civics tests of U.S. citizenship) he qualifies for Medicaid...
It seems he's not a legal permanent resident after all, and he was here illegally for 13 years before getting a citizen wife and green card marriage. It also sounds like he has permanent brain damage - another reason she might be better off just shipping him back home. He is her responsibility not the taxpayers', she has the choice now to pay for his long term nursing home stay in one country or the other, or she can yank his feeding tube and have him die.
It seems for the sake of the citizen in these green card marriages, there should be a requirement for them to obtain health insurance policies for their immigrant just to avoid this kind of thing. She was foolish not to buy him a plan and now she will have his bills to pay for the rest of her life.
and next week, he was scheduled to have a final interview to get a permanent resident card
Saenz-Cornelio said her husband played soccer throughout his entire life and initially qualified for a scholarship to Phoenix College. It did not work out due to a 2006 Arizona law that states undocumented immigrants cannot receive in-state tuition or financial aid from state coffers.
It seems he's not a legal permanent resident after all, and he was here illegally for 13 years before getting a citizen wife and green card marriage. It also sounds like he has permanent brain damage - another reason she might be better off just shipping him back home. He is her responsibility not the taxpayers', she has the choice now to pay for his long term nursing home stay in one country or the other, or she can yank his feeding tube and have him die.
It seems for the sake of the citizen in these green card marriages, there should be a requirement for them to obtain health insurance policies for their immigrant just to avoid this kind of thing. She was foolish not to buy him a plan and now she will have his bills to pay for the rest of her life.
and next week, he was scheduled to have a final interview to get a permanent resident card
Saenz-Cornelio said her husband played soccer throughout his entire life and initially qualified for a scholarship to Phoenix College. It did not work out due to a 2006 Arizona law that states undocumented immigrants cannot receive in-state tuition or financial aid from state coffers.
Quote:
A spokeswoman for the Arizona Health Care Cost Containment System, Arizona’s Medicaid program, said it is federal law that prohibits his access to the state’s Medicaid, not state law.
Yes, due to federal law, he doesn’t qualify for Medicaid. Funny, pro-illegals whined about Arizona’s law. They want ONLY the federal laws enforced, so that’s exactly what they’ll get.
Quote:
The hospital has informed Saenz-Cornelio that her husband’s medical bills are about $120,000 so far.
And, who do you think will pay that bill? It certainly won’t be his wife.
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