Gov. subsidies effect of K visa

[RobNKharen 70]

I have a friend that lost his job several months ago and was forced to apply for gov. subsides, which include SNAP(food stamps) and energy assistance to help pay his electric bill. Recently he got a job in a convenience store and is filing to stop the subsidies soon, as he is almost out of his financial hole.

His house is free and clear, car is paid for, etc. He doesn't have residual income from the past because he was self-employed. Of course his current income is not stellar, but it pays the bills. He was not required to file taxes last year.

The question is, will his receiving subsidies in the past affect a K visa? If so, how far back do they go? He doesn't even have a foreign girlfriend, but is interested in finding one(after hearing about mine) unless a K visa would be impossible.

[1HappyGuy 45]

The two areas that one can qualify is current income test and assets test. If your friend will not qualify in either circumstance then he will need a sponsor for the K visa.

Use the guides to determine his qualifications. The guides are helpful and up to date.

Edited August 7, 2012 by 1HappyGuy

[RobNKharen 70]

He qualifies based on assets and current income, that isn't really the question. He wonders if having been on gov. assistance will be held against him, and if so, for how long?

I scanned the guides and gov website. The site mentions it, but vaguely......at least to me and what I read.

[cerebus407 16]

Prior use of government assistance will not be an issue if he qualified currently. also, only certain forms of assistance qualify as "public charge" issue. Basically, the qualify as public assistance for immigration purposes he must be receiving cash from the government. In kind assistance such as government cheese or child health insurance programs don't count.

[aws&ndd 103]

Any assistance you as a USC have received from the government will not count against you. They are only concerned that the person who is not yet a USC will become a public charge which is why they want proof that you can support them.

Prior use of government assistance will not be an issue if he qualified currently. also, only certain forms of assistance qualify as "public charge" issue. Basically, the qualify as public assistance for immigration purposes he must be receiving cash from the government. In kind assistance such as government cheese or child health insurance programs don't count.

This is incorrect. It's not just "cash assistance", it's ANY public means tested benefits received that qualifies as being a 'public charge'...one of these does include food stamps.

[cerebus407 16]

This is incorrect. It's not just "cash assistance", it's ANY public means tested benefits received that qualifies as being a 'public charge'...one of these does include food stamps.

Actually, my reply above is correct. See 9 Fam 40.21 Notes

9 FAM 40.41 N2.1 Defining "Public Cash Assistance"

(TL:VISA-230; 01-19-2001)

In the "public charge" context, "public cash assistance‖ for income maintenance includes:

(1) Supplemental security income (SSI);

(2) Cash temporary assistance for needy families (TANF), but not including supplemental cash benefits or any non-cash benefits provided under TANF; and

(3) State and local cash assistance programs that provide for income maintenance (often called state general assistance).

9 FAM 40.41 N2.2 Benefits Not Considered "Public Cash Assistance for Income Maintenance"

(CT:VISA-1513; 09-10-2010)

a. There are many forms of U.S. Government assistance that an alien may have accepted in the past, or that you may reasonably believe an alien might receive after admission to the United States, that are of a non-cash and/or supplemental nature and would not create an inadmissibility under INA 212(a)(4). Certain programs are funded with public funds for the general good, such as public education and child vaccination programs, etc., and are not considered to be benefits for the purposes of INA 212(a)(4) (8 U.S.C. 1182(a)(4)). Although the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 prohibit aliens from receiving many kinds of public benefits, it specifically exempts from this prohibition several of the public benefits indicated below. Neither the past nor possible future receipt of such non-cash or supplemental assistance may be considered in determining whether an alien is likely to become a public charge. As discussed at INA 213A, Note 1, these

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 40.41 Notes Page 3 of 38

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.

b. In all cases, the underlying nature of the program reveals whether it is considered a "public charge" (i.e., is the program intended to be a primary source of cash for income maintenance?). Some programs which provide cash benefits for special purposes are supplemental and not for income maintenance. They include such help as transportation or child care benefits paid in cash, or one-time emergency payments made under TANF to avoid the need for on-going cash assistance.

c. Cash benefits that have been earned (e.g., social security payments, old age survivors disability insurance (OASDI), U.S. Government pension benefits, and veterans benefits) are not considered public cash assistance for the purposes of a public charge determination under INA 212(a)(4).

[ceadsearc 516]

I suspect the confusion is because food stamps are not considered in public charge determination but they are means-tested public benefits immigrants are generally ineligible for. But, no, they wouldn't affect the presumption of being a public charge and it doesn't matter anyway what kind of public assistance he was on because he meets the guidelines now.