Do free/reduced school lunches fall within I-864 no-no's?

[SparklePony 238]

Hello all,

Mods, feel free to move if topic does not belong here - I wasn't sure where to ask.

With the start of the school year, we found out our household is eligible for free/reduced school lunches for my two daughters. They're here on K2 visas and we haven't filed for their AOS yet because it's $2K we don't have yet (which means they don't have SSNs yet). My question is, would applying for this fall under the no-no's on the I-864, seeing as it's a federal program, or does it fall outside of it because it's a school thing? Can we go for it and apply?

Thank you for your help.

[Penguin_ie 5,993]

This seems to say you can apply:

http://www.fns.usda.gov/fr-070798

I know in our area (we are also currently on reduce price lunches), they don't even ask for SSN/ citizenship status on the form.

[KayDeeCee 4,893]

Not a public charge >

Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

[newacct 688]

Hello all,

Mods, feel free to move if topic does not belong here - I wasn't sure where to ask.

With the start of the school year, we found out our household is eligible for free/reduced school lunches for my two daughters. They're here on K2 visas and we haven't filed for their AOS yet because it's $2K we don't have yet (which means they don't have SSNs yet). My question is, would applying for this fall under the no-no's on the I-864, seeing as it's a federal program, or does it fall outside of it because it's a school thing? Can we go for it and apply?

Thank you for your help.

Well, haven't applied for AOS = no I-864. I-864 only kicks in when the immigrant becomes a permanent resident.

Not a public charge >

Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

But they're not asking about public charge. They're asking about things that a sponsor of I-864 might be liable for if the immigrant used. There are many things which cannot be considered for public charge (e.g. Medicaid, Food Stamps, etc.) which a sponsor of I-864 probably could be liable for.

[KayDeeCee 4,893]

I doubt it.

http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/BC4FFBC1-0BD2-4B02-B3AF-27CDA1B59D32/overview-of-immigrant-eligibility-for-federal-programs.pdf

Affidavit of Support

The 1996 laws enacted rules that make it more difficult to immigrate to the U.S. to reunite with family members. Effective December 19, 1997, relatives (and some employers) have been required to meet strict income requirements and to sign a long-term contract, or affidavit of support (USCIS Form I-864), promising to maintain the immigrant at 125 percent of the federal poverty level and to repay any means-tested public benefits the immigrant may receive. The specific federal benefits for which sponsors may be liable have been defined to be TANF, SSI, food stamps, nonemergency Medicaid, and SCHIP. Federal agencies have issued little guidance on these provisions, however. Regulations on the affidavits of support issued in 2006 make clear that states are not obligated to pursue sponsors and that states cannot collect reimbursement for services used prior to public notification that they are considered means-tested public benefits for which sponsors will be liable.

Most states have not designated the programs that would give rise to sponsor liability, and NILC is aware of only one state that has attempted to pursue reimbursement. However, the specter of sponsor liability has deterred some eligible immigrants from applying for benefits, based on concerns about ex-posing their sponsors to government collection efforts.

Edited August 5, 2016 by KayDeeCee

[SparklePony 238]

You guys are a wealth of information - thank you SO much!

[squareleg 69]

first step - apply for AOS then I-864 kicks in.

step two - be careful when you sign I-864. you are responsible for immigrant and you become legally liable. if you have doubts about being responsible reconsider.

Edited August 5, 2016 by squareleg

[EM_Vandaveer 2,396]

From form I-864:

"If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, the U.S. Government may consider (deem) your income and assets as available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for state or local means-tested public benefits, if the state or local government's rules provide for consideration (deeming) of your income and assets as available to the person.

This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act such as 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; and means-tested programs under the Elementary and Secondary Education Act."

It's fine to apply for & receive this as it's one of the exceptions along with Emergency Medicaid and some other programs/services.

Edited August 7, 2016 by EM_Vandaveer