Are We in Trouble?

[ceadsearc 515]

Is getting food stamps any issue as far as immigration is concerned? The only place I have seen that asks about receiving any help from public funds is on I-485 application. However, receiving food stamps is not an issue even when applying for adjustment. As far as USCIS is concerned, food stamps don't fall in the category of of public charge. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

I don't know that it would be an issue for naturalization even if she was (which it doesn't sound like she actually was), but food stamps are means-tested benefits and as such LPRs are not generally eligible for them until they have been LPRs for 5 years. At the least the government could come after her husband to pay them back, and at most she could have violated a law. Again, I'm not saying that is the case for sure as I do not know if it is a law, but LPRs are generally not eligible for food stamps for at 5 years.

[Brother Hesekiel 2,235]

As a LPR, you are not entitled to 'means tested benefits,' to which food stamps belong.

If you are not receiving food stamps, if you have not applied for food stamps, if you have not signed a petition for food stamps, then you have done nothing wrong.

Edited January 27, 2012 by Brother Hesekiel

[Gary and Alla 3,694]

It will surely create problems when you are going to submit your us citizenship form. Getting an immigration attorney, who has expertise in these matters, to take up your case will be of some help but then it will cost you a lot.

It is not a problem. You do not need an attorney.

US citizens can ALWAYS get public aid. They are NEVER ineligible for this because of your immigration status. Your US citizen husband and US citizen child are getting food stamps. You are not. Even if you were it is not an issue for citizenship.

No problem.

[Gary and Alla 3,694]

As a LPR, you are not entitled to 'means tested benefits,' to which food stamps belong.

If you are not receiving food stamps, if you have not applied for food stamps, if you have not signed a petition for food stamps, then you have done nothing wrong.

Sort of correct. LPRs can get food stamps after 5 years. LPR children under age 18 and here less than 5 years can get medicaid and free school lunches. Sponsors CAN be required to pay for this but usually are not.

The only place you could have trouble is if your husband declared you to be a US citizen on the application form as it specifically asks for each household member and whether that person is a citizen. As long as the forms were completed truthfully, and it sounds as if they were, you have no trouble.

Edited January 28, 2012 by Gary and Alla

[Gary and Alla 3,694]

sorry guys but am still confused. The food stamp applicant was my USC husband. So even if we tried to apply( me and my 2 non USC kids) the application was only approved for 2 people( my USC husband and 3 yr.old son).

SO the food stamps were getting is basically for just 2 people and since we are family of course we eat too. Do i need to hire a lawyer when i file my ctizenship??

I dont think i lied in any immigration forms. They can check that truly my husband has been unemployed for almost 3 yrs. now. He is having a hard time getting a job because of his health.

SO my question is.YES or NO?? are we in trouble for getting food stamps?

Thanks a lot.

NO Not a problem. Good luck

[danver 15]

Sort of correct. LPRs can get food stamps after 5 years. LPR children under age 18 and here less than 5 years can get medicaid and free school lunches. Sponsors CAN be required to pay for this but usually are not.

The only place you could have trouble is if your husband declared you to be a US citizen on the application form as it specifically asks for each household member and whether that person is a citizen. As long as the forms were completed truthfully, and it sounds as if they were, you have no trouble.

First of all thank u so much. Now i don't have to worry. No i did not lie in any immigration form. The food stamps were getting was only good for 2 ppl (my USC husband and our 3 yr. old son). Me and my 2 kids who are non citizens were not on the system since we did not qualify. Me and my kids do not have Medicaid even . Again thank u so much

[I AM NOT THAT GUY 5,715]

Is getting food stamps any issue as far as immigration is concerned? The only place I have seen that asks about receiving any help from public funds is on I-485 application. However, receiving food stamps is not an issue even when applying for adjustment. As far as USCIS is concerned, food stamps don't fall in the category of of public charge. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

Good. Somebody brought that up, so I don't have to. The type of benefits that have to be reimbursed are for income support, and for long term care.

benefits that are not to be considered as public cash assistance or income include, but are not limited to:

(1) The Food Stamp Program;

(2) The Medicaid Program (other than payments under Medicaid for long-term institutional care);

(3) The Child Health Insurance Program (CHIP);

(4) Emergency medical services;

(5) The Women, Infants and Children (WIC) Program;

(6) Other nutrition and food assistance programs;

(7) Other health and medical benefits;

(8) Child-care benefits;

(9) Foster care;

(10) Transportation vouchers;

(11) Job training programs;

(12) Energy assistance, such as the low-income home energy assistance program (LIHEAP);

(13) Educational assistance, such as Head Start or aid for elementary, secondary, or higher education;

(14) Job training;

(15) In-kind emergency community services, such as soup kitchens and crisis counseling;

(16) State and local programs that serve the same purposes as the Federal in-kind programs listed above; and

(17) Any other Federal, State, or local program in which benefits are paid in-kind, by voucher or by any means other than payment of cash benefits to the eligible person for income maintenance.

http://www.state.gov/documents/organization/86988.pdf

I don't know that it would be an issue for naturalization even if she was (which it doesn't sound like she actually was), but food stamps are means-tested benefits and as such LPRs are not generally eligible for them until they have been LPRs for 5 years. At the least the government could come after her husband to pay them back, and at most she could have violated a law. Again, I'm not saying that is the case for sure as I do not know if it is a law, but LPRs are generally not eligible for food stamps for at 5 years.

As a LPR, you are not entitled to 'means tested benefits,' to which food stamps belong.

If you are not receiving food stamps, if you have not applied for food stamps, if you have not signed a petition for food stamps, then you have done nothing wrong.

Wrong and wrong.

[ceadsearc 515]

Actually, you are wrong. Food stamps are not used in public charge considerations. They ARE a means-tested federal benefit and the sponsor IS subject to have to repay them.

The I-864 FAQ provided by the Dept of State spells it out in so many words. Please read here: http://travel.state.gov/visa/immigrants/info/info_3183.html#4

The fact that utilizing a certain benefit won't make an immigrant a public charge does NOT mean a sponsor will be off the hook for repayment.

[I AM NOT THAT GUY 5,715]

Actually, you are wrong. Food stamps are not used in public charge considerations. They ARE a means-tested federal benefit and the sponsor IS subject to have to repay them.

The I-864 FAQ provided by the Dept of State spells it out in so many words. Please read here: http://travel.state.gov/visa/immigrants/info/info_3183.html#4

The fact that utilizing a certain benefit won't make an immigrant a public charge does NOT mean a sponsor will be off the hook for repayment.

From your link:

If you need more information on the I-864 Affidavit of Support see 9 FAM 42.63 Procedural Notes, 9 FAM 40.41 Procedural Notes and Sections 212(a)(4) and 213A of the Immigration and N ationality Act (INA).

[I AM NOT THAT GUY 5,715]

As far as the SSA is concerned:

Who can get food stamps?

Anyone can apply for food stamps. To get food stamps, you and the other people in your household must meet certain conditions. Everyone who is applying in your household must have or apply for a Social Security number and be either a U.S. citizen, U.S. national or have status as a qualified alien.

The following qualified aliens are eligible for food stamps without a waiting period:

Legal immigrant children under age 18;

Blind or disabled legal immigrants who receive disability assistance or benefits;

Individuals born on or before August 22, 1931, and who legally resided in the United States on

August 22, 1996;

Lawful permanent residents who are active duty members or veterans of the U.S. armed forces or a spouse or a child of a veteran or active duty service member;

Refugees admitted under section 207 of the Immigration and Nationality Act (INA);

Asylees under section 208 of the INA;

Deportees or removal withheld under section 243(h) or 241(b)(3) of the INA;

Cuban or Haitian entrants under section 501(e) of the Refugee Education Assistance Act of 1980;

Amerasian immigrants under section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988.

The following legal aliens are eligible ­without a waiting period even if they are not “qualified aliens:

Hmong or Highland Laotian tribal ­members (including their spouses and children)

who helped the U.S. military during the Vietnam era;

American Indians born in Canada;

Members of Indian tribes under section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).

The following qualified aliens are eligible if they have lived in the U.S. for five years in qualified status:

Lawful permanent residents (they may be ­eligible sooner than five years if they have

40 work credits);

Parolees (paroled for at least one year under section 212(d)(5) of INA);

Conditional entrants under 203(a)(7) of INA in effect prior to April 1, 1980;

A battered spouse, battered child or ­parent or child of a battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of INA.

http://www.ssa.gov/pubs/10101.html

[ceadsearc 515]

I am not sure what your point is? Food stamps clearly ARE subject to repayment by the sponsor. They are NOT used for consideration of public charge status but they ARE subject to repayment anyway. The link you provided does not dispute that in any way.

I also did not say LPRs are never eligible for food stamps. They are generally not eligible for 5 years unless they meet other criteria which is exactly what I said and is in fact backed up by the SSA link you provided. The OP has a conditional green card so unless they qualify in another way there is no way they would have been an LPR for 5 years. Most LPRs are ineligible for food stamps for 5 years. And just because someone is eligible for something, it does NOT mean the I-864 is invalidated.

[I AM NOT THAT GUY 5,715]

I am not sure what your point is? Food stamps clearly ARE subject to repayment by the sponsor. They are NOT used for consideration of public charge status but they ARE subject to repayment anyway. The link you provided does not dispute that in any way.

I also did not say LPRs are never eligible for food stamps. They are generally not eligible for 5 years unless they meet other criteria which is exactly what I said and is in fact backed up by the SSA link you provided. The OP has a conditional green card so unless they qualify in another way there is no way they would have been an LPR for 5 years. Most LPRs are ineligible for food stamps for 5 years. And just because someone is eligible for something, it does NOT mean the I-864 is invalidated.

If they are ineligible for food stamps, they won't receive them, bottom line. Nothing to be repaid.

SPONSOR LIABILITY

Under the 1996 welfare law, agencies administering means-tested programs are required, under certain circumstances, to request reimbursement from sponsors for benefits granted to sponsored immigrants, and they may also seek to enforce the reimbursement obligation in court. The new regulation clarifies one of the issues in this tricky area of law: a state agency cannot seek reimbursement for food stamps received by a sponsored immigrant if the sponsor is receiving food stamps. USDA notes that it plans to address additional sponsor liability issues in the future, in coordination with other federal agencies.

http://140.174.87.56/immspbs/fnutr/foodnutr010.htm

Edited January 29, 2012 by ☼

[ceadsearc 515]

They shouldn't. Unfortunately, sometimes they do due to errors. Additionally, sometimes the sponsor isn't receiving food stamps as well (such as in the case of divorce or a co-sponsor) so a sponsor isn't necessarily safe from repaying food stamps, though I have no idea how often they really come after anyone.

[I AM NOT THAT GUY 5,715]

Sponsor Liability. Sponsors who sign the enforceable affidavit of support (INS Form I-864) may be liable to repay certain means-tested public benefits, including food stamps, used by the sponsored immigrant. However, there are important exceptions to these rules.

The affidavit of support goes into effect when the immigrant becomes an LPR. The affidavit remains in effect until the immigrant secures credit for 40 quarters of work history in the U.S. (including work performed by a spouse during marriage or by parents before the immigrant was 18 years old), abandons lawful permanent residence, becomes a citizen, or until the sponsor or the sponsored immigrant dies. If the immigrant receives benefits during this time, the sponsor may be liable for 10 years after the benefits were last received.

The sponsor is not responsible for benefits used before the immigrant became an LPR. The sponsor also is not responsible for benefits used by unsponsored members of the household (e.g., U.S. citizen children) or for benefits used while the sponsor was receiving food stamps.

Although state agencies must "request" reimbursement from sponsors where applicable, they are not required to pursue legal action against sponsors. Before requesting reimbursement, state agencies must verify that the immigrant's sponsor is subject to liability (e.g., by determining whether the sponsor signed an enforceable affidavit, whether the immigrant had credit for 40 quarters of work, and whether the sponsor was receiving food stamps while the sponsorship agreement was in effect).

It is important to note that the USDA confirmed that state agencies may not keep any portion of the reimbursement for food stamps recouped from sponsors and that sponsor liability actions are not subject to review for quality control errors.

http://www.nilc.org/foodnutiru03.html

Later clarification. YMMV.

Base Document: http://www.fns.usda.gov/snap/rules/Legislation/pdfs/Non_Citizen_Guidance.pdf

Edited January 29, 2012 by ☼

[w8inglongtime 29]

WOW. The responses to this question have gotten technical by the minute. Here's a simple answer. If the OP did not put her name and signature on an application for food stamps, then there is no story. Her eating some of the food is none of the government's business since the husband (usc) got the food stamps on his own and can share with who ever he pleases. No need for the OP to lose sleep over this.