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resident alien LTC?

milktree

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I just taught a guy BP who is a resident alien, but does not yet have his green card. i.e. he's legally working and living in Mass, but doesn't have "permanent resident" status yet. No green card, but the company he's working for has their lawyers on it, so it's in the works.

I advised him to NOT apply for an LTC until after he has a green card and the appropriate number to put into question 1 on page 2 of the LTC application.

MGL seems to agree with me:
General Law - Part I, Title XX, Chapter 140, Section 131

C. 140 § 131(d)(v) :

A prohibited person shall be a person who:
[ (i)-(iv) don't apply ]
(v) is an alien who does not maintain lawful permanent residency;


So, my reading is that without a green card, the word "permanent" above is the clincher that makes him statutorily prohibited from getting an LTC.


Am I reading that right?
 


Right. I know green card holders can get an LTC. That’s not the question. The question is about someone who is a legal resident, but does not have a green card yet.

Read the first two paragraphs of the first post again.
 
Have him contact Comm2A like yesterday!!

Since Fletcher, et al held green cards, the USDC judge ruled narrowly that green-card holders were entitled to a LTC. Comm2A put out a call a few years ago for good candidates to expand that ruling to those legally here but without a green card. They need a good plaintiff to bring this back in front of the USDC for an expansion of that protection. So do it now, before he gets the green card and nulls out any legal action.
 
Have him contact Comm2A like yesterday!!

Since Fletcher, et al held green cards, the USDC judge ruled narrowly that green-card holders were entitled to a LTC. Comm2A put out a call a few years ago for good candidates to expand that ruling to those legally here but without a green card. They need a good plaintiff to bring this back in front of the USDC for an expansion of that protection. So do it now, before he gets the green card and nulls out any legal action.

OK! Thanks!
 
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