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leapoffaith

bringing parents of US citizen

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Filed: K-1 Visa Country: India
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Hi All

Both my brother and sister are US citizens.

Are the dependent parents of US citizen entitled to any state benefits ? And can they travel back to home country every year ?

My mom has passed away and they don't have a marriage certificate. Is there any way around it ?

thanks.

Edited by leapoffaith

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Filed: K-1 Visa Country: Vietnam
Timeline
Hi All

Both my brother and sister are US citizens.

Are the dependent parents of US citizen entitled to any state benefits ? And can they travel back to home country every year ?

My mom has passed away and they don't have a marriage certificate. Is there any way around it ?

thanks.

You're only giving us scraps of information, and your questions are vague. It's difficult to provide a definite answer.

I presume from what you've said that the dependent parents are not themselves US citizens. I also presume from the title of this thread that they are not even LPR's yet, but that they will be coming to the US as sponsored relatives, and will be LPR's at some point. You also aren't clear on what you mean by "state benefits".

If my assumptions above are correct, and if the benefits you're referring to are considered 'means-tested' by the government, then the answer would be no. They won't be eligible until they've been LPR's for five years. If an I-864 affidavit of support is still in effect at that point then whomever sponsored them would be on the hook to the government if they applied for any means-tested benefits. The US citizen sponsor who signs the affidavit is obligated to reimburse the government for any means-tested benefits they collect until the parents either become US citizens, or earn 40 quarters (10 years) of work credit with the Social Security Administration, or they lose their legal residency, or they die.

You should understand that bringing immigrants into this country with the express intent that they will be supported by US taxpayers is something that a large amount of immigration law is specifically designed to prevent. The government expects immigrants to support themselves until they've earned a right to collect benefits. If the immigrant can't do that, then they expect the US citizen sponsor to do it.

If your mom is dead, then we're talking only about your dad, right? Technically, a marriage certificate is supposed to be provided when sponsoring a father. I'm not sure what, if anything, they will accept in lieu of this. This isn't a subject I've studied at all.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Country: Vietnam (no flag)
Timeline
Hi All

Both my brother and sister are US citizens.

Are the dependent parents of US citizen entitled to any state benefits ? And can they travel back to home country every year ?

My mom has passed away and they don't have a marriage certificate. Is there any way around it ?

thanks.

You're only giving us scraps of information, and your questions are vague. It's difficult to provide a definite answer.

I presume from what you've said that the dependent parents are not themselves US citizens. I also presume from the title of this thread that they are not even LPR's yet, but that they will be coming to the US as sponsored relatives, and will be LPR's at some point. You also aren't clear on what you mean by "state benefits".

If my assumptions above are correct, and if the benefits you're referring to are considered 'means-tested' by the government, then the answer would be no. They won't be eligible until they've been LPR's for five years. If an I-864 affidavit of support is still in effect at that point then whomever sponsored them would be on the hook to the government if they applied for any means-tested benefits. The US citizen sponsor who signs the affidavit is obligated to reimburse the government for any means-tested benefits they collect until the parents either become US citizens, or earn 40 quarters (10 years) of work credit with the Social Security Administration, or they lose their legal residency, or they die.

You should understand that bringing immigrants into this country with the express intent that they will be supported by US taxpayers is something that a large amount of immigration law is specifically designed to prevent. The government expects immigrants to support themselves until they've earned a right to collect benefits. If the immigrant can't do that, then they expect the US citizen sponsor to do it.

If your mom is dead, then we're talking only about your dad, right? Technically, a marriage certificate is supposed to be provided when sponsoring a father. I'm not sure what, if anything, they will accept in lieu of this. This isn't a subject I've studied at all.

Jim - where are you getting the five years from?

I concur with everything else that you have said. One goal of our immigration laws is to reunite family. Another is that it taxpayers should not have to support those immigrants and that their sponsoring family needs to able to guarantee to reimburse the taxpayers for any public support that those immigrants may use.

Social Security and Medicare are entitlement programs. To qualify, a person or his/her spouse must pay into the system for a minimum of 40 work quarters (approximately 10 years).

Other programs are welfare - help for the poor - which are means-test which the petitioner must reimburse the taxpayers for.

From a basic logic standpoint - why would the US let in foreign nationals that it must support? Would a foreign country let US citizens immigrate there and be "entitled to any state benefits?" My guess is a big fat "NO."

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Filed: Other Country: United Kingdom
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Hi All

Both my brother and sister are US citizens.

Are the dependent parents of US citizen entitled to any state benefits ? And can they travel back to home country every year ?

My mom has passed away and they don't have a marriage certificate. Is there any way around it ?

thanks.

You're only giving us scraps of information, and your questions are vague. It's difficult to provide a definite answer.

I presume from what you've said that the dependent parents are not themselves US citizens. I also presume from the title of this thread that they are not even LPR's yet, but that they will be coming to the US as sponsored relatives, and will be LPR's at some point. You also aren't clear on what you mean by "state benefits".

If my assumptions above are correct, and if the benefits you're referring to are considered 'means-tested' by the government, then the answer would be no. They won't be eligible until they've been LPR's for five years. If an I-864 affidavit of support is still in effect at that point then whomever sponsored them would be on the hook to the government if they applied for any means-tested benefits. The US citizen sponsor who signs the affidavit is obligated to reimburse the government for any means-tested benefits they collect until the parents either become US citizens, or earn 40 quarters (10 years) of work credit with the Social Security Administration, or they lose their legal residency, or they die.

You should understand that bringing immigrants into this country with the express intent that they will be supported by US taxpayers is something that a large amount of immigration law is specifically designed to prevent. The government expects immigrants to support themselves until they've earned a right to collect benefits. If the immigrant can't do that, then they expect the US citizen sponsor to do it.

If your mom is dead, then we're talking only about your dad, right? Technically, a marriage certificate is supposed to be provided when sponsoring a father. I'm not sure what, if anything, they will accept in lieu of this. This isn't a subject I've studied at all.

Jim - where are you getting the five years from?

I concur with everything else that you have said. One goal of our immigration laws is to reunite family. Another is that it taxpayers should not have to support those immigrants and that their sponsoring family needs to able to guarantee to reimburse the taxpayers for any public support that those immigrants may use.

Social Security and Medicare are entitlement programs. To qualify, a person or his/her spouse must pay into the system for a minimum of 40 work quarters (approximately 10 years).

Other programs are welfare - help for the poor - which are means-test which the petitioner must reimburse the taxpayers for.

From a basic logic standpoint - why would the US let in foreign nationals that it must support? Would a foreign country let US citizens immigrate there and be "entitled to any state benefits?" My guess is a big fat "NO."

The 5 years comes from them being able to file for Citizenship after 5 years, once they are Citizens the sponsor is no longer liable for the support and they could claim means tested benefits.

Has the OP also thought about the cost of medical insurance for his/her parents. It will be costing my parents $1054 each month for their health insurance so it is not cheap.

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Filed: K-1 Visa Country: India
Timeline

Hi TayRivers

Has the OP also thought about the cost of medical insurance for his/her parents. It will be costing my parents $1054 each month for their health insurance so it is not cheap.

I read this in your other post, its just too harsh.

Thank you members for the inputs.

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Filed: Citizen (pnd) Country: Colombia
Timeline
Hi TayRivers

Has the OP also thought about the cost of medical insurance for his/her parents. It will be costing my parents $1054 each month for their health insurance so it is not cheap.

I read this in your other post, its just too harsh.

Thank you members for the inputs.

Too Harsh? The reality of bringing a parent over is harsh, especially if they are elderly and need care. TayRivers is letting you know what it costs them as they in the process of bringing their parents over.

Edited by NArocks

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: K-1 Visa Country: Vietnam
Timeline
Hi All

Both my brother and sister are US citizens.

Are the dependent parents of US citizen entitled to any state benefits ? And can they travel back to home country every year ?

My mom has passed away and they don't have a marriage certificate. Is there any way around it ?

thanks.

You're only giving us scraps of information, and your questions are vague. It's difficult to provide a definite answer.

I presume from what you've said that the dependent parents are not themselves US citizens. I also presume from the title of this thread that they are not even LPR's yet, but that they will be coming to the US as sponsored relatives, and will be LPR's at some point. You also aren't clear on what you mean by "state benefits".

If my assumptions above are correct, and if the benefits you're referring to are considered 'means-tested' by the government, then the answer would be no. They won't be eligible until they've been LPR's for five years. If an I-864 affidavit of support is still in effect at that point then whomever sponsored them would be on the hook to the government if they applied for any means-tested benefits. The US citizen sponsor who signs the affidavit is obligated to reimburse the government for any means-tested benefits they collect until the parents either become US citizens, or earn 40 quarters (10 years) of work credit with the Social Security Administration, or they lose their legal residency, or they die.

You should understand that bringing immigrants into this country with the express intent that they will be supported by US taxpayers is something that a large amount of immigration law is specifically designed to prevent. The government expects immigrants to support themselves until they've earned a right to collect benefits. If the immigrant can't do that, then they expect the US citizen sponsor to do it.

If your mom is dead, then we're talking only about your dad, right? Technically, a marriage certificate is supposed to be provided when sponsoring a father. I'm not sure what, if anything, they will accept in lieu of this. This isn't a subject I've studied at all.

Jim - where are you getting the five years from?

Title IV, section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. This is the act that put the teeth into the I-864 and established "income deeming" for sponsors. The act forbids any state from providing any federally funded TANF benefit to a non-citizen resident arriving in the US after 8/22/96 until they've been in the US for at least 5 years. After that time, they can apply for federally funded TANF relief, even if they're not citizens. However, the sponsor is still on the hook to reimburse the government. On the other hand, if they become citizens (which they are eligible to do after 5 years) then the sponsor is off the hook.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


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Filed: Country: Vietnam (no flag)
Timeline
Hi All

Both my brother and sister are US citizens.

Are the dependent parents of US citizen entitled to any state benefits ? And can they travel back to home country every year ?

My mom has passed away and they don't have a marriage certificate. Is there any way around it ?

thanks.

You're only giving us scraps of information, and your questions are vague. It's difficult to provide a definite answer.

I presume from what you've said that the dependent parents are not themselves US citizens. I also presume from the title of this thread that they are not even LPR's yet, but that they will be coming to the US as sponsored relatives, and will be LPR's at some point. You also aren't clear on what you mean by "state benefits".

If my assumptions above are correct, and if the benefits you're referring to are considered 'means-tested' by the government, then the answer would be no. They won't be eligible until they've been LPR's for five years. If an I-864 affidavit of support is still in effect at that point then whomever sponsored them would be on the hook to the government if they applied for any means-tested benefits. The US citizen sponsor who signs the affidavit is obligated to reimburse the government for any means-tested benefits they collect until the parents either become US citizens, or earn 40 quarters (10 years) of work credit with the Social Security Administration, or they lose their legal residency, or they die.

You should understand that bringing immigrants into this country with the express intent that they will be supported by US taxpayers is something that a large amount of immigration law is specifically designed to prevent. The government expects immigrants to support themselves until they've earned a right to collect benefits. If the immigrant can't do that, then they expect the US citizen sponsor to do it.

If your mom is dead, then we're talking only about your dad, right? Technically, a marriage certificate is supposed to be provided when sponsoring a father. I'm not sure what, if anything, they will accept in lieu of this. This isn't a subject I've studied at all.

Jim - where are you getting the five years from?

Title IV, section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. This is the act that put the teeth into the I-864 and established "income deeming" for sponsors. The act forbids any state from providing any federally funded TANF benefit to a non-citizen resident arriving in the US after 8/22/96 until they've been in the US for at least 5 years. After that time, they can apply for federally funded TANF relief, even if they're not citizens. However, the sponsor is still on the hook to reimburse the government. On the other hand, if they become citizens (which they are eligible to do after 5 years) then the sponsor is off the hook.

Jim - thanks for the info.

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