what is considered a "means-tested public benefit"

[worldcitizen 0]

hi,

i have been reviewing the i864 affidavit of support paperwork. what is considered a means tested public benefit? how easy is it for a conditional green card holder to get these things? how often does the government agency come after the usc for reimbursement? any information would be helpful.

thanks!

[jkelly07 120]

if you apply for food stamps, if you go on welfare,if you dont have medical insurance and the gov pays, or you need a place to live and have no money to pay rent, you receive aid from the state or gov, thats why you file the 1-864 affidivit of support,you have to pay the money back public charge,

[VanessaTony 3,567]

Here: http://travel.state.gov/visa/immigrants/info/info_3183.html#_Means_Tested_Public scroll down to where it mentions Means tested benefits.

[worldcitizen 0]

thanks.

any idea how often people get food stamps and how often the government tries to collect on those? from what i am reading about food stamps in california, they can check your immigration status among other things to find out if you are qualified.

[rika60607 215]

Permanent resident only qualifies for means tested benefits after 5 years of residency, at which time they are also eligble to become USC. So I can imagine benefits/repayment scenario does not happen very often

thanks.

any idea how often people get food stamps and how often the government tries to collect on those? from what i am reading about food stamps in california, they can check your immigration status among other things to find out if you are qualified.

[worldcitizen 0]

i found this on the site for california social services:

http://www.dss.cahwnet.gov/foodstamps/PG841.htm#citizen

Citizenship/Immigration Status

Certain non-citizens such as those admitted for humanitarian reasons and those admitted for permanent residence are eligible for CalFresh benefits. Eligible household members can get CalFresh benefits even if other members of the household are not eligible.

CalFresh eligibility is available to most legal immigrants who:

• Have lived in the country for five (5) years, or
• Are receiving disability-related assistance or benefits, regardless of entry date, or
• Are children under 18 years of age regardless of entry date.

this makes me think that he would qualify for food stamps and other means tested benefits if he files a divorce waiver or hardship waiver with his i751.

[rika60607 215]

Yes, he will become eligible 5 years after he got his GC,

if he removes conditions and if he has no or very little official income - he may get food stamps.

.......

CalFresh eligibility is available to most legal immigrants who:

• Have lived in the country for five (5) years, or
• Are receiving disability-related assistance or benefits, regardless of entry date, or
• Are children under 18 years of age regardless of entry date.

this makes me think that he would qualify for food stamps and other means tested benefits if he files a divorce waiver or hardship waiver with his i751.

[rlogan 2,036]

"Means Tested" means that they look at your income (means) and it has to be below a certain level to qualify for the benefit.

Food Stamps vary by state, but every state has a maximum amount of income you can earn in order to qualify. So they "test" your "means" against that standard. If you make too much then you don't get food stamps.

The Alaska Permanent Fund Dividend is not means tested. If you are a citizen, you get the benefit check. 'Cuz we got lots of oil, baby. We have over 30 billion in a savings account from the oil money and it is earning interest. Half the interest is distributed every year to citizens. It's over a thousand bucks. We'll get four of them next year. Four tickets to the Philippines.

Thank you Alaska.

[JimVaPhuong 4,863]

Enforcement of the affidavit of support is relatively rare. There was a rash of lawsuits brought by the Connecticut Department of Social Services back in 2007 seeking enforcement of I-864's, but the state' attorney general put a stop to that. Most states find it legally burdensome and politically charged to bring a suit based on the I-864.

It's more common for immigrants to try to use the affidavit in seeking spousal support during a divorce. Some have been successful. Others have not. Some courts have refused to consider the affidavit in family court. In spite of the fact that the affidavit states the immigrant can seek enforcement, the fact is that the immigrant isn't a party to the contract. In some states it has been determined that it's contrary to state contract law for someone to seek enforcement of a contract they are not a party to. Courts in other states have recognized the legally binding nature of the I-864, and still refused to order it's enforcement stating that the contract doesn't revoke the court's discretion.

I lectured a friend of mine recently because he sponsored his brother and his brother's family to come to the US. Within weeks of his arrival his brother applied for food stamps because he had minor children, and they were approved. My friend didn't understand the terms of the contract he signed, nor that he had agreed that the government could sue him for reimbursement. In reality, the likelihood of the government taking any action against him is slim.