Please help! Petitioner got laid off while in AOS

[Ian H. 207]

You're right, although NY is one of the most lenient states when it comes to applying for public benefits. I haven't received a bill as have neither at least 30 other people who have applied for either medicaid, food stamps, public housing, etc that I personally know. I am not making this up based on just my experience personally, but of plenty of people, who have been living in this country for years now, and applied for benefits while their I 864 was in full force. I do know that some states, including NY, when applying for certain benefits like TANF, they ask you to provide sponsor info if you are applying within 5 years of becoming an LPR. As well as the fact that when we went in to apply for food stamps they assured us, that it wouldn't affect our sponsor because NYC doesn't pursue sponsor, and neither do plenty of jurisdictions. I advised the OP if she applied for future benefits to ask if it would case sponsor a problem, she was already receiving medicaid when she posted.

Just because you personally have not received a bill does not mean that NY doesn't do it.

[kitthekat 1,317]

You're right, although NY is one of the most lenient states when it comes to applying for public benefits. I haven't received a bill as have neither at least 30 other people who have applied for either medicaid, food stamps, public housing, etc that I personally know. I am not making this up based on just my experience personally, but of plenty of people, who have been living in this country for years now, and applied for benefits while their I 864 was in full force. I do know that some states, including NY, when applying for certain benefits like TANF, they ask you to provide sponsor info if you are applying within 5 years of becoming an LPR. As well as the fact that when we went in to apply for food stamps they assured us, that it wouldn't affect our sponsor because NYC doesn't pursue sponsor, and neither do plenty of jurisdictions. I advised the OP if she applied for future benefits to ask if it would case sponsor a problem, she was already receiving medicaid when she posted.

there is a difference between federally-funded means tested benefits and state-only-funded benefits. what kay said about federal means tested benefits is accurate. what you are talking about is (probably) state-funded benefits.

if anyone is interested, this document has summarised the exemptions and benefits that the different states offer to non-qualifying immigrants who have not met the 5 years residency requirements and LPRs who have not earned 40 quarters of work - http://aspe.hhs.gov/hsp/11/ImmigrantAccess/Eligibility/ib.shtml

as an aside, that chart says that in NY, non-qualifying immigrants are not eligible for food assistance programs. maybe things have changed since 2011, but i would not count on the social service providers to tell you for sure whether or not you are eligible. the very fact the US government has the ability to sue sponsors tells you that it is possible for immigrants to receive benefits they should not be receiving, despite their applications having to go through the social service providers first.

[Ian H. 207]

Yeah them sending you a bill without a lawsuit is possible. But they can't legally continue to collect on the debt without a court order. I would write a cease and decist letter. If they didn't go to court, they wouldn't be able to garnish wages, posses property or stuff like that. If the OP's husband applies for the benefits himself, it has no effect on the OP or the sponsor. Now that he is unemployed he qualifies for food stamps and the like and that wouldn't affect the public charge determination, as long as they use a joint sponsor.

It is not a fact that there have been no attempts for a government agency to sue sponsors. It was not successful, but occurred.

They can send you a bill without a lawsuit though, so I would not suggest people go out and get on public assistance thinking the I-864 is meaningless.

There have been quite a few lawsuits for spousal support concerning the I-864 though, yes.

[Ian H. 207]

Yeah only minor children are eligible for food stamps within 5 years of becoming an LPR. Everyone else would have to have at least 5 years in LPR status, but they would still be under the I 864 being valid. I should have explained it better. Also yes, you can't qualify for federally funded medicaid in NY, my wife is getting state funded medicaid, but whether state funded or federally funded they can't count toward the public charge. Being eligible is up to them though because they HAVE to verify your immigration status, although I wasn't referring to that. I was referring that I would ask the local social service office when applying if it would affect the sponsor in any way. If they see you have less than 5 years and you go apply for food stamps they won't let you because the computer would automatically stop them when they put your GC info in. At least that's how it happened with us. I only got food stamps for myself, my wife didn't qualify, and I don't qualify anymore because of our income. Medicaid we are only getting up until it's time to renew. One has to be aware of the possibility of being sued, you are absolutely right, although in my experience and the experiences of plenty of other LPR's I know, we haven't experience any issue. I just wouldn't want the OP to miss out on help that she and/or her husband may truly need and qualify for based on not knowing more about how the process works. It would help if others that have applied for benefits shared their experience as well though.

there is a difference between federally-funded means tested benefits and state-only-funded benefits. what kay said about federal means tested benefits is accurate. what you are talking about is (probably) state-funded benefits.

if anyone is interested, this document has summarised the exemptions and benefits that the different states offer to non-qualifying immigrants who have not met the 5 years residency requirements and LPRs who have not earned 40 quarters of work - http://aspe.hhs.gov/hsp/11/ImmigrantAccess/Eligibility/ib.shtml

as an aside, that chart says that in NY, non-qualifying immigrants are not eligible for food assistance programs. maybe things have changed since 2011, but i would not count on the social service providers to tell you for sure whether or not you are eligible. the very fact the US government has the ability to sue sponsors tells you that it is possible for immigrants to receive benefits they should not be receiving, despite their applications having to go through the social service providers first.

[Kathryn41 3,205]

One post containing potentially dangerous information and violating TOS has been removed. Please do not suggest someone violates US regulations or legislation on the assumption that they will probably be allowed to 'get away with it'. While not directly immigration related, the post is indirectly immigration related and violates the following TOS:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[Ian H. 207]

That's an interesting chart by the way, now I know why some states offer benefits to LPR's under the five year ban. Also I read the article that kaydeecee posted, it's interesting that while the affidavits are enforceable the government isn't doing much to enforce them. I always said the affidavits are unnecessary because they simply don't HAVE to let intending immigrants apply for the benefits. That way there's no risk of becoming a public charge. Just curious as to what any one thinks about that being a possibility.

there is a difference between federally-funded means tested benefits and state-only-funded benefits. what kay said about federal means tested benefits is accurate. what you are talking about is (probably) state-funded benefits.

if anyone is interested, this document has summarised the exemptions and benefits that the different states offer to non-qualifying immigrants who have not met the 5 years residency requirements and LPRs who have not earned 40 quarters of work - http://aspe.hhs.gov/hsp/11/ImmigrantAccess/Eligibility/ib.shtml

as an aside, that chart says that in NY, non-qualifying immigrants are not eligible for food assistance programs. maybe things have changed since 2011, but i would not count on the social service providers to tell you for sure whether or not you are eligible. the very fact the US government has the ability to sue sponsors tells you that it is possible for immigrants to receive benefits they should not be receiving, despite their applications having to go through the social service providers first.

[KayDeeCee 4,891]

They are not eligible for public assistance. The government should go after the sponsor's to repay the benefits they were given. They filed to bring them to the US and signed a contract stating they would not become a public charge. Why should tax payers have to fund your spouse and you not even bother to honor the contract you signed and pay it back?

Edited July 26, 2014 by KayDeeCee

[TBoneTX 43,020]

One post has been removed for a Terms of Service violation (a personal attack) and administrative action has been applied. It's unnecessary to be nasty when pointing out that someone has posted inaccurate information.

TBoneTX

VJ Moderation

[sandraperry 34]

Get a joint sponsor ASAP! (and follow the above VJ's advise)

[Ryan H 3,790]

***One post continuing to advocate violations of US law removed along with one post quoting. One member thread banned for ignoring prior warning about advocating violations of US law and legislation.***

Edited July 26, 2014 by Ryan H

[Chris A. 1]

Hello again everyone!

Thank you for taking the time to look at our situation and give us advice and encouragement. Its still a little confusing and seemingly causing a bit of an argument! How sad. That was not our intent.

I'd like to state that we are posting our question here because we want to DO THE RIGHT THING, in the right way, without harm to anyone. I believe that's what VisaJourney is all about. I am in no way seeking to receive benefits that I am not eligible for, so no worry that our intent is to steal tax payers money. I am not trying to do something that will jeopardize my status here.

Perhaps it is possible that life is uncontrollable and despite the best intentions and plans, you can find yourself in a difficult situation. My husband did not want to get laid off, and I do not like having to ask for care because I cannot provide it myself. However, we are expecting a child and my pride has to supersede any personal preferences.

I will see about expediting my EAD (thank you for that suggestion), and my husband is looking for a job everyday. It is a difficult and stressful time. Yes, we know we signed an agreement not to become a public charge. We are not looking to be parasites, however.

Thank you for the help given us to get more clarification, because we have read all the links posted on this topic. We are also going to be calling our local county office on Monday to find out exactly what we need to do with Medi-cal. We are still processing all the information shared so we hope you can please bear with us.

We were told at the clinic, that as a pregnant woman, I can receive help regardless of my immigration status. We only applied for it today and haven't sent in the papers yet. I will be under "presumptive eligibility" in lieu of getting approved or denied by Medi-cal. I am just glad that I am in a country that honors families that want to stay together and raise healthy children.

Here is what we gathered from everyone's input on this topic:

1. We should have a joint sponsor/additional I-864 and bring this to our interview. UNLESS my husband has a new job by the time of the interview with sufficient income that satisfies the requirement.

2. Pregnant women may or may not be deemed eligible for care. It is important to try to apply anyway and speak to the local office about our specific case at least in the interest of the unborn child.

3. Should I be approved for prenatal care, my husband as the sponsor may be billed later on by the government.

The best thing we can see at this point is for my husband to get a job right away that meets the requirements, with insurance. And when I get my EAD, I can also finally work and hopefully receive my own coverage. In the meantime, we will find a joint sponsor.

Thank you everyone for taking time to respond. Please do pray for us, for those who believe that we are merely trying to do what is right.

Have a good weekend.