Questions and Answers

This page lists commonly asked questions and answers about public benefits available to immigrants. It has been compiled by the RightsforHealth team.

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Last Updated: January 2022
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Pregnancy Planning

Which prenatal vitamins should I be taking?
Below is the recommended amount of nutrients women who are pregnant should intake each day.

Ask your doctor about taking a prenatal vitamin and mineral supplement every day to be sure you are getting enough of the nutrients your baby needs.
Nutrient How much pregnant women need each day
Folic Acid 400 to 800 micrograms (mcg) (0.4 to 0.8 mg) in the early stages of pregnancy, which is why all women who are capable of pregnancy should take 400 to 800 mcg of folic acid daily. Pregnant women should continue taking folic acid throughout pregnancy.
Iron 27 milligrams (mg)
Calcium 1,000 milligrams (mg); 1,300 mg if 18 or younger
Vitamin A 770 micrograms (mcg); 750 mcg if 18 or younger
Vitamin B-12 2.6 micrograms (mcg)

More information can be found here.

Will enrolling in Medicaid while pregnant impact my future opportunities for residency or citizenship?
No. Enrolling in federally funded Medicaid, other than support for long term institutional care, is not a factor when considering whether a person is likely to become a public charge, and thus will not impact future opportunities for residency or citizenship.
Where can I find resources on weight gain during pregnancy and nutrition during pregnancy?
Am I able to take over-the-counter pain medications while pregnant?
Ask your obstetrician.
If I am undocumented, am I eligible for insurance coverage for prenatal care?
Yes (in New York). In New York State, undocumented immigrants are eligible for Medicaid coverage for the care and services required for the treatment of medical emergencies. Women with a medically verified pregnancy are eligible for Medicaid coverage throughout the period of their pregnancy regardless of their immigration status and are not required to provide documentation of immigration status through the last day of the month in which the 60-day post-partum period ends. This coverage includes prenatal and limited postpartum care. This may differ with each state programs.

Care During Pregnancy

If no one on my delivery team speaks my native language, how can I ensure there will be a translator present?
You have the right to be provided with an interpreter and translated materials as a patient in a federally funded healthcare provider if you have difficulty understanding English.

Post-Pregnancy Care

If I am undocumented, am I eligible to receive health insurance coverage for postpartum care?
Yes (in New York). In New York State, postpartum care is available through Medicaid coverage and through the Family Planning Extension Program, regardless of immigration status. This may vary with each state.
Can my spouse or civil partner, dependent children under 18, or long-term partner who remained in my home country when I left apply for permission to enter the US under family reunion provisions?
Depending on the immigration status of the mother, immediate family members of hers can apply for permission to enter the US. However, the child's citizenship status will not enable additional family members to apply for family reunification, since the citizen must be older than 21 to sponsor a family member for a green card.

Other Questions about Pregnancy

Will information about my immigration status be provided to my healthcare team?
Typically information about immigration status will be provided to healthcare teams, both for intake purposes and to determine health insurance coverage. However, healthcare providers have no obligation to inquire into or disclose immigration status information.
Am I entitled to special treatment while in detention center: prenatal care, access to abortion, nonuse of restraints for women in labor, preventative services for sexually transmitted infection, cancer screening, contraceptive provision?
That depends on the kind of detention center in question, who runs the center, and the reason for being there. However, it is general ICE policy to refrain from holding pregnant or nursing women in detention.
Does my immigration status exclude me from social security benefits?
To be eligible for social security benefits, an individual must be in an "qualified alien" category and meet a condition which allows "qualified aliens" to receive benefits. There are seven categories of qualified aliens, including
  1. those lawfully admitted for permanent residence,
  2. those granted conditional entry under INA 203(a),
  3. those paroled into the US under INA 212(d)(5),
  4. those admitted as refugees under INA 207,
  5. those granted asylum under INA 208,
  6. those who qualify for withholding of deportation under INA 241(b)(3), and
  7. a "Cuban and Haitian entrant" as defined in the Refugee Education Assistance Act of 1980 501(e) or in another status which is to be considered a "Cuban/Haitian entrant" for SSI purposes. A qualified alien may receive benefits if they:
    1. were receiving SSI and lawfully residing in the US on August 22, 1996,
    2. are a lawful permanent resident with 40 qualifying hours of work (including those of a spouse or parent),
    3. are an active duty US Armed forces or honorably discharged,
    4. were lawfully abiding in the US on August 22, 1996 and are blind or disabled,
    5. were granted specific immigration status by DHS within 7 years of filing for SSI (including refugee or asylee).
Can applying for public benefits jeopardize a pending green card application?
Receipt of public benefits may impact a pending green card application. Green card applicants are subject to the public charge rule. Under this rule, immigration officials will consider an applicant's age, health, income, and past receipt of certain cash public benefits, among other things, in determining whether an applicant is likely to become primarily dependent on government benefits in the future. As a practical matter, however, few people are denied green cards because they accepted public benefits.
Am I eligible to enroll in coverage through the Affordable Care Act?
Only immigrants with qualified status are eligible for health insurance through the Affordable Care Act. However, undocumented immigrants are eligible for emergency coverage.
Do I need to provide information about my own citizenship and immigration status if I apply for coverage through the Affordable Care Act, Medicaid, or CHIP on behalf of a family member?
Yes. Generally, in order to be eligible for insurance coverage, an individual will need to show that they have citizenship or are lawfully present within the US. However, pregnant women with a medically verified pregnancy are not required to produce proof of immigration status, and immigration status will not be considered when applying for emergency medical coverage.
Is there truth to the social media posts warning undocumented women to stay away from public assistance programs?
Under the public charge test, certain forms of public assistance programs may impactan immigrant's application for certain immigration statuses. See https://www.ilrc.org/sites/default/files/resources/pc_safe_to_use_list_may_2021.pdf for a list of public benefits programs that are not considered under the public charge rule. Applications for certain kinds of visas may not be subject to the public charge rule, such as a U or T visa or a green card for a person who already holds a U or T visa.
This site does not contain medical or legal advice. The information is provided for general purposes only and is not a substitute for professional advice.