Does WIC count?

[doule]

Dear Friends,

I just applied for GC under employment based category. I received WIC (Women, Infant and Children) for the last two years (I stop it in March this year). There is question on the form I-485: whether I have received public assistance before. I wonder whether WIC is a public assistance and whether I should say "yes" to this question. If not, how can I respond to it in the interview? Whether it will affect my GC application? Thanks a lot for any help with this question!!!

[Glühbirne]

I'm not absolutely sure, but I don't think WIC counts. I couldn't find anything specifically talking about WIC, but I don't have a lot of time to research. You might want to call and ask to speak to an immigration officer

[Still Learning]

http://uscis.gov/graphics/howdoi/affsupp.htm


I'm not sure what WIC falls under but it probably gives the name of the Act on one of your forms.... "Currently, Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictions may also designate certain of their programs as means-tested public benefits.

The following types of programs are not counted as means-tested public benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and the Public Health Service Act; certain forms of foster-care or adoption assistance under the Social Security Act; Head Start programs; means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs."

[marmaduk]

The Special Supplemental Nutrition Program for Women, Infants, and Children - better known as the WIC Program - serves to safeguard the health of low-income women, infants, & children up to age 5 who are at nutritional risk by providing nutritious foods to supplement diets, information on healthy eating, and referrals to health care.

http://www.fns.usda.gov/wic/aboutwic/


The low income phrase bothers me though.

[Glühbirne]

I would guess that it likely falls under the Nutrition act, wouldn't you think? My sister got it and all it is is free juice, milk, and peanut butter.

[marmaduk]

It definitely can fall into that, but like I said that low income phrase bugs me because it can be constitute as assistance, and since its a government entity, it might be considered public assistance.

Then again, I might just be overly cautious. I think safest way is just to call the 800 number and ask them to give you a straight answer.

[Glühbirne]

Yeah, that's probably the best way to go.

[Katycab]

I would argue that WIC assistance is more similar to free lunch than it is to cash assistance. However I think that the lunch programs are exempted specifically by statute, not because they are not considered means-tested benefits. However, I think the strongest argument is that the immigrant is not the recipient, the citizen child is.

[doule]

Actually the women herself, even not a citizen or GC holder, as long as she is pregnant and fall into low income category, She will get free juice and milk. I'd rather believe it falls under nutrition acts.

[SERGIO]

I read in an old post on this site last year ( not sure if you can retrieve old posts here) that your answer would be NO and if for some reason they bring it up or some record shows, you would say you received WIC on behalf of ........your child's name, who is a USC by birth. Try going back to old posts you might find it.

[reina90]

I too, having looked at this issue, say your answer would be no. Also Medicaid would NOT count toward an no answer. At least the way i read it. It really only counts towards the person applying for GC anyways. Like Marmaduk said, the low income is what would concern me.

[josephine schmo]

So why was I (USC) grilled at I-484 interview about having received any type of public assistance?

[reina90]

Just stating what lawyers have told us and what I have heard from others who were adjusting. The worst case scenario is you would have to pay it back.

[AussieTexGal]

I have both my children on WIC and that is what I put on my application ( my Attorney told me to include it) . I went for my Intervew on May 18th and it wasn't a problem, the question about WIC was never an issue.
Hope this helps.

[rosendamanns2]

I think that the lunch programs are exempted specifically by statute, not because they are not considered means-tested benefits. Landscapers Chino Hills