will USC using public benefits hurt our case?

[pax 0]

Hmmmm, I don't know. This has come up before on VJ and it's a tricky question to answer when you're not talking about benefits that are specifically excluded on the I-864 (example: federal student aid, Head Start, School Lunch Program, and others).

My take on this: First of all, the USC and any USC children are always entitled to any benefit afforded USCs if they can get it. The immigrant spouse shouldn't come into it. But that's not as cut-and-dried as it looks when you're talking about assistance that affects an entire family, like Section 8 housing vouchers or food stamps.

In this particular case, a co-sponsor who's above and beyond the requirements should be enough. But...see, here's the thing. Put yourself in the mind of a USCIS adjudicator. Are they going to look at a family receiving a large part of its income through public assistance (if the immigrant's not working yet, say) and have some very real doubts about the sponsor's (or sponsors') ability to support the immigrant?

I don't know. I'm just askin'.

I think I'm past the edit time, so let me add: *this* case isn't my concern, as it doesn't look like we're talking about the family receiving a very significant portion of its income from public assistance. But other cases where that IS the situation...that's what I was referring to about putting oneself in the mind of the adjudicator.

[rebeccajo 14]

Yeah, me too. Just askin'.

And Abby, you hit the nail on the head as far as my thoughts go. Assistance that in essence supports the family such as food stamps and housing.

And then there's that thing about the CO........

[Carol&Marc 0]

What about to have emergency health assistance during the K-1 period??? Im the beneficiary and had to go to the ER. Could I have the medicaid take care of it or should I pay it anyway???

On the I-485, part 3, question 2, says:

Have you received public assistance in the United States from any source, including the United States government or anystate, county, city or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?

But, at the I-134 that we filled for the interview says:

4. That this affidavit is made by me for the purpose of assuring the United States Government that the person(s) named in

item 3 will not become a public charge in the United States.

5. That I am willing and able to receive, maintain and support the person(s) named in item 3. That I am ready and willing to

deposit a bond, if necessary, to guarantee that such person(s) will not become a public charge during his or her stay in the

United States, or to guarantee that the above named person(s) will maintain his or her nonimmigrant status, if admitted

temporarily and will depart prior to the expiration of his or her authorized stay in the United States.

Im just curious because I heard of a case that the Non-USC used the Medicaid and didnt have problems with the AOS. It was an Emergency case also...

Any other cases about it???

Carol

PS (Im going to pay anyway, I dont want any problems in the future...)

Edited April 26, 2006 by Carol&Marc

[rebeccajo 14]

Well, Carol, I can't answer your question about Medicaid.

The language on the I-134 is not as relevant as the language from the I-864, as that is the document that actually binds the sponsor.

Edited April 26, 2006 by rebeccajo

[meddykomp 0]

It may be different state to state, but in my past there was a time I had medical for myself and my children, then my income increased to over 100% of the poverty level and I was no longer eligible, but my children were eligible. At that time I was considered to not be receiving state assistance but my children received it. Once I got to 125%, my children no longer qualified either, though they still qualify for daycare until 175%. The higher my income, the more I pay. However, once my husband is here, they wont get that either because at first there will be an adult who could care for them, and that is a disqualifier and once he goes to work, our income would be too high.

Another point that I find interesting is that they claim the I-864 uses the same method for means-tested as other assistance programs such as TANF or Food Stamps, however, public assistance counts all child support in determining eligibility, but for immigration they do not. I am not stating that I think that child support should be used to pay to support anyone but the child, but maybe to offset the financial requirement of said child in income.

[rebeccajo 14]

I showed my child support on the I-864 at our AOS interview.

I don't think it's a question of supporting the immigrant. You have to count the children in the number of people in the household, so showing the money you receive from ex's to support those children is not wrong. It is an offset, as meddykomp said.

It's been a hot-button here with the paying fathers sometimes, but like it or not it's allowable.

Edited April 27, 2006 by rebeccajo

[Melae 0]

OK our K-1 app is in Nebraska and I am wondering about the public charge thing. I am a college student and my dad is going to co-sponsor the application to get my fiance here, thus making our combined income way above the poverty level that the govt requires. However, my infant son is currently receiving medicaid and I qualify to get child care benefits from the state for when I go back to school in September.

My worry is that if I use these programs, it might jeopardize our case. I could get by without them, but doing that, will end up borrowing a lot of money (child care is very expensive where I am). Can I use the benefits? Will that affect my case? Does anyone have any thoughts?

Thanks!

I had this very question myself. I'm stuck on the I-134 on what to put for income since I'm not working and I get SSI (Supplemental Security Income), I'm on Medicaid through SSI and also food stamps and Medicaid and school lunch program for my son. I do get child support as well.. What I'm wondering, is.. My mother will be sponsoring my fiance and she makes well over the needed amount. I'm wondering what all do I need to provide on my I-134? Do I need letters from SSI? Letters from doctors? Do I need to cancel the public benefits before he arrives?

I've managed to muddle our way through to this point and I've done fairly well.. not a single RFE, everything has gone smoothly but now I'm stuck.. anyone help?

Thanks

[Carol and Bruno 0]

Fiance's or non-USCs are NOT considered public charges for using health care benefits, food programs, or any other programs that do not give cash. Cash welfare is considered for public charge purposes.

Edited August 9, 2008 by Carol and Bruno