ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 9 of 9

Thread: Will I-485 be affected?

  1. #1
    I am on AOS as the wife of a USC. My husband is graduating this spring, and before he gets a job, he wants to apply for state-paid medical insurance, food stamps and general assistance. Does anybody know what the immjgration guidelines are on this? Will the fact that I we have asked state assistance affect my application? If I cannot dissuade my husband from applying, what should I do?
    I will greatly appreciate any suggestion or advice

  2. #2
    I am on AOS as the wife of a USC. My husband is graduating this spring, and before he gets a job, he wants to apply for state-paid medical insurance, food stamps and general assistance. Does anybody know what the immjgration guidelines are on this? Will the fact that I we have asked state assistance affect my application? If I cannot dissuade my husband from applying, what should I do?
    I will greatly appreciate any suggestion or advice

  3. #3
    I am not very sure about this but everytime a person goes to an AOS interview, the officer asks if you have ever used any government or general assistance. They also require that you turn in the last 3 years of your husband's income tax returns to make sure that he can support you. They want to make sure you will not be a burden to the government.

  4. #4
    Yes it matters. Your husband has to provide an affidavit of support for you and how can he do that if he is taking public assistance. Plus it shows the chances are great that you will be on public assistance in the future.

  5. #5
    Overview of Public Charge

    What is "public charge"?

    "Public charge" is a term used in immigration law. The term describes persons who cannot support themselves and who depend on benefits that provide cash"” like Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI)"”for their income. Depending on your immigration status, the Immigration and Naturalization Service (INS) and State Department consular officers abroad can refuse to let you enter the U.S., re-enter the U.S., or become a permanent resident, if they think you will not be able to support yourself without these benefits in the future. Under very rare circumstances explained below, the INS can also deport you if you become a public charge within five years of entering the U.S. Public charge is not an issue for immigrants who are applying to become a citizen. Public charge is not an issue for refugees or persons granted asylum.



    How does the government decide whether someone could become a public charge?

    When you seek to enter the U.S. or apply for a green card, the government may ask you questions to see if you are likely to become a public charge in the future. The INS or State Department should look at many factors to decide if you are likely to become a public charge in the future. Although the government can look at whether you used cash welfare in the past, it cannot make its decision based only on what happened in the past. The government must look at all of the following factors together to decide whether you might become a public charge in the future:

    Age (are you elderly or very young, and likely to need support?)
    Health (do you have an illness that requires costly treatment?)
    Income (are you low-income or poor with no assets?)
    Family size (do you have a large family to support?)
    Education and skills (are you working now or can you easily find a job?)
    When you are applying for your green card, it is important to give the government information that shows you will not need benefits to support yourself. For example, if you are elderly, but have family in the U.S. with enough money to support you, or, if you have a special skill that will get you a good job in the U.S., you should give this information to the government.



    What kinds of benefits might cause a public charge problem?

    In deciding whether you are likely to become a public charge, the INS can look at whether you have used cash welfare, such as SSI, TANF, or General Assistance, or if you need long-term institutional care. But even if you used cash welfare in the past, you can still show that you will not need it in the future (for example, because you have a job now). The INS is supposed to look at your whole situation when it decides if you might become a public charge in the future.



    What if I used Medicaid, SCHIP, WIC, Food Stamps or other non-cash programs?

    Using the State Children's Health Insurance Program (SCHIP), Women, Infants, and Children (WIC), or food stamps will not affect your immigration status. Using Medicaid can only be a problem if you are in a nursing home or other long-term care. All other non-cash programs, like housing, school lunch, job training, child care, shelters, disaster relief, and health clinics, will not cause a public charge problem.

  6. #6

  7. #7
    I greatly appreciate all comments, especially the link to the information on receipt of public benefits. Does anybody know if these regulations vary by state?

  8. #8
    Go to www.google.com and type PUBLIC CHARGE and read the entire hyperlinks related to subject. Hope something of your interest might be there. Good luck.

  9. #9
    It's a good idea, Vivek, thank you. I was just looking at affidavit of support, and it talks about means-tested public benefits. Does it mean sponsored immigrants can or cannot use them?

Similar Threads

  1. All people affected by CSPA welcome...
    By in forum Immigration Discussion
    Replies: 10
    Last Post: 05-12-2007, 12:02 AM
  2. I-485 Update : I-140 Approvals Await I-485 Adjudication
    By E. in forum Immigration Discussion
    Replies: 1
    Last Post: 08-04-2004, 01:50 PM
  3. Has Bush cabinet affected immigration laws? K Visa the easiest?
    By The FreeBSD Penguin Himself! in forum Immigration Discussion
    Replies: 5
    Last Post: 09-09-2003, 09:04 PM
  4. Will status be affected from Divorce?
    By Electra007 in forum Immigration Discussion
    Replies: 7
    Last Post: 09-04-2003, 08:45 AM
  5. FOR ALL THOSE AFFECTED WITH VISAS DELAYS--MUST READ
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 09-20-2002, 07:02 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: