Unemployment - food stamps and inmigration process

[Lettyandsteve 1]

Hello Everyone!

We were just wondering... my husband is us citizen : He's worried he will be laid off, when he gets unemployment could he get food stamps even if I am not us citizen ( Im green card holder) would that affect my us status??? any advice?? Thanks...

[NigeriaorBust 4,087]

You aren't eligble for food stamps unless you have been here more than 5 years. Even then your sponsor could be held responsible

[VanessaTony 3,567]

Hello Everyone!

We were just wondering... my husband is us citizen : He's worried he will be laid off, when he gets unemployment could he get food stamps even if I am not us citizen ( Im green card holder) would that affect my us status??? any advice?? Thanks...

He could yes. He couldn't use you to qualify though. Your income would be used but you wouldn't be counted in the household size.

[Brother Hesekiel 2,236]

Hello Everyone!

We were just wondering... my husband is us citizen : He's worried he will be laid off, when he gets unemployment could he get food stamps even if I am not us citizen ( Im green card holder) would that affect my us status??? any advice?? Thanks...

No,

it would not effect your status. As a US citizen, your husband is entitled to 'means tested benefits' which is what food stamps are part of. You will be entitled to those as well as soon as you have been a resident for 5 years or have become a US citizen yourself.

[Jojo92122 1,924]

No,

it would not effect your status. As a US citizen, your husband is entitled to 'means tested benefits' which is what food stamps are part of. You will be entitled to those as well as soon as you have been a resident for 5 years or have become a US citizen yourself.

Hi Bob,

Can you provide a cite that an LPR is entitled to means tested benefits after being a resident for 5 years? If the LPR has a right to means tested benefits, does the I-864 sponsor would be liable to reimburse the US government.? I do not see being an LPR for 5 years as one of the conditions listed for ending a sponsor of the I-864 obligation.

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http://www.uscis.gov/files/form/i-864instr.pdf

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

[Lettyandsteve 1]

Thanks a lot Guys!!!

[VanessaTony 3,567]

Hi Bob,

Can you provide a cite that an LPR is entitled to means tested benefits after being a resident for 5 years? If the LPR has a right to means tested benefits, does the I-864 sponsor would be liable to reimburse the US government.? I do not see being an LPR for 5 years as one of the conditions listed for ending a sponsor of the I-864 obligation.

------------------------------------------

http://www.uscis.gov/files/form/i-864instr.pdf

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

It doesn't end the obligation, it's just the LPR becomes able to claim them. Before 5 years they can't even apply, the government won't allow it. After 5 years they can apply and the sponsor/s will have to pay it back.

[Jojo92122 1,924]

It doesn't end the obligation, it's just the LPR becomes able to claim them. Before 5 years they can't even apply, the government won't allow it. After 5 years they can apply and the sponsor/s will have to pay it back.

Can you please provide a cite to this? I have never heard that an LPR becomes entitled to these benefits after 5 years.

[VanessaTony 3,567]

Can you please provide a cite to this? I have never heard that an LPR becomes entitled to these benefits after 5 years.

A site is here: http://www.americanlaw.com/affidavitrule3.html

9. Since it generally takes 10 years to accumulate 40 qualifying quarters, this means that in the case of many aliens, (1) no federal means-tested public benefits will be paid in their first five years in the U.S. and (2) any means-tested benefits paid in the next five years, or for the duration of the enforceability of the Affidavit of Support, may be recovered from the sponsor who submits the section 213a Affidavit of Support.

Also here: http://www.cms.gov/MedicaidEligibility/Downloads/alien2.pdf

Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”

and here: http://www.lsnjlaw.org/english/immigration/deeming/

... if you are an LPR who entered the U.S. for the first time after August 22, 1996 (on the basis of a family-based or employment-based application), you are not eligible for public benefits for a period of five years after entering the United States. This is important, since many sponsored immigrants who entered the country based on the completion of Form I-864 have not been eligible until recently, since Form I-864 has only been in use since December 19, 1997.

Google is your friend.

[Jojo92122 1,924]

A site is here: http://www.americanlaw.com/affidavitrule3.html

Also here: http://www.cms.gov/MedicaidEligibility/Downloads/alien2.pdf

and here: http://www.lsnjlaw.org/english/immigration/deeming/

Google is your friend.

Thank you for the cites.

Wow, it seems really risky to sign the I-864 if the LPR can qualify for means tested benefits and the sponsor may be required to reimburse the cost of benefits received by the LPR.

[VanessaTony 3,567]

Thank you for the cites.

Wow, it seems really risky to sign the I-864 if the LPR can qualify for means tested benefits and the sponsor may be required to reimburse the cost of benefits received by the LPR.

It is a serious document that some people don't really read correctly or think about and get upset when they end up paying. I fully explained the Affidavit to Tony. He really didn't care either. I explained what it meant and how long it was valid for. I wanted to be sure there was NO doubt that I had fully explained to him just what he was signing. Luckily I don't think we'd ever need to use it. 2013 I'm eligible for citizenship so I'll apply for that if for no other reason that to make sure the I-864 is cancelled.

Also, not to be rude but the word is "site" not "cite". They are similar words with similar meanings but I gave you webSITES to "cite" my references. Just FYI.

Edited July 23, 2011 by Vanessa&Tony

[Jojo92122 1,924]

It is a serious document that some people don't really read correctly or think about and get upset when they end up paying. I fully explained the Affidavit to Tony. He really didn't care either. I explained what it meant and how long it was valid for. I wanted to be sure there was NO doubt that I had fully explained to him just what he was signing. Luckily I don't think we'd ever need to use it. 2013 I'm eligible for citizenship so I'll apply for that if for no other reason that to make sure the I-864 is cancelled.

Also, not to be rude but the word is "site" not "cite". They are similar words with similar meanings but I gave you webSITES to "cite" my references. Just FYI.

Hi Vanessa,

The choice to sign the I-864 is easier when it involves family. There are lots of people who are asked by friends to sign the I-864. I would guess that most of the time, they have no idea to what they are legally agreeing to.

I used the word "cite" correctly. Generally the word "site" denotes a place or a website. What I wanted was a CITE to the authority to support the statement that LPRs are entitled to means tested benefits.

http://dictionary.reference.com/browse/cite

cite

–verb (used with object), cit·ed, cit·ing.

1.

to quote (a passage, book, author, etc.), especially as an authority: He cited the constitution in his defense.

2.

to mention in support, proof, or confirmation; refer to as an example: He cited many instances of abuse of power.

3.

to summon officially or authoritatively to appear in court.

Not to be rude, but you should look up the meanings of words before telling people they are using them incorrectly.

[VanessaTony 3,567]

I used the word "cite" correctly. Generally the word "site" denotes a place or a website. What I wanted was a CITE to the authority to support the statement that LPRs are entitled to means tested benefits.

http://dictionary.reference.com/browse/cite

cite

–verb (used with object), cit·ed, cit·ing.

1.

to quote (a passage, book, author, etc.), especially as an authority: He cited the constitution in his defense.

2.

to mention in support, proof, or confirmation; refer to as an example: He cited many instances of abuse of power.

3.

to summon officially or authoritatively to appear in court.

Not to be rude, but you should look up the meanings of words before telling people they are using them incorrectly.

You used it incorrectly, your examples prove as much (it is a verb, not a noun, you were trying to use it as a noun). You said "thank you for the 'cites'". You should have said "thank you for the citations" as the word "cites" does not exist and if it did would be incorrect in that sentence structure.

I "cited" some references. Like I said, the word "cite" itself was close enough to make you understood, but your sentence structure was wrong. And as I said, there is no such word as "cites", it would would be "citations" (which the word "citation" is the full version of the word cite) "cited", "citing". I'm not trying to be rude, I was just trying to help.

"Please cite some references" would have been fine.

Edited July 23, 2011 by Vanessa&Tony

[Jojo92122 1,924]

You used it incorrectly, your examples prove as much (it is a verb, not a noun, you were trying to use it as a noun). You said "thank you for the 'cites'". You should have said "thank you for the citations" as the word "cites" does not exist and if it did would be incorrect in that sentence structure.

I "cited" some references. Like I said, the word "cite" itself was close enough to make you understood, but your sentence structure was wrong. And as I said, there is no such word as "cites", it would would be "citations" (which the word "citation" is the full version of the word cite) "cited", "citing". I'm not trying to be rude, I was just trying to help.

"Please cite some references" would have been fine.

Language evolves. Usage evolves. The word "cite" is commonly used as a noun in America; especially in academic papers and in legal writing. Lets take this to the language blogs and get this thread back on track. This is my last posting on the matter.

=============================================

A dictionary of modern legal usage By Bryan A. Garner

http://books.google.com/books?id=35dZpfMmxqsC&pg=PA156&lpg=PA156&dq=%22cite%22+as+a+noun&source=bl&ots=k9pVUDsdLb&sig=IszQLY2zQpXVtkpG6GTa9tChT3E&hl=en&ei=EEUrTrGqMKnUiAK0uLWwAg&sa=X&oi=book_result&ct=result&resnum=6&ved=0CEAQ6AEwBQ#v=onepage&q=%22cite%22%20as%20a%20noun&f=false

=============================

http://languagelog.ldc.upenn.edu/nll/?p=340

http://www.wordorigins.org/index.php/forums/viewthread/616/

http://books.google.com/books?id=35dZpfMmxqsC&pg=PA156&lpg=PA156&dq=%22cite%22+as+a+noun&source=bl&ots=k9pVUDsdLb&sig=IszQLY2zQpXVtkpG6GTa9tChT3E&hl=en&ei=EEUrTrGqMKnUiAK0uLWwAg&sa=X&oi=book_result&ct=result&resnum=6&ved=0CEAQ6AEwBQ#v=onepage&q=%22cite%22%20as%20a%20noun&f=false

Edited July 23, 2011 by Jojo92122

[Brother Hesekiel 2,236]

Thank you, Vanessa&Tony.

Most LPRs either are already or are about to become USCs by the time the 5-year mark is passed, making this a non-issue. Another consideration may be that Uncle Sam very unlikely will pursue a reimbursement of food stamps based on an old I-864.

But I agree, like with a private student loan, one should know the obligations involved in signing an Affidavit of Support.