Conditional Green Card and Food Stamps!

[Hadiza 1]

Hello I would like to know if my husband applies for government benefits such as food stamps

will this affect his green card application when it is time for removal of conditions? My husband

lost his job and we want to know if we can apply for government benefits because I heard a rumor

saying that the United States does not want anyone to be a public charge. Please if anybody

knows about this issue, let me know before we make the decision to apply. We did not apply yet,

we are just thinking about it, because we don't want to do anything to jeopardize our Removal of

Conditions application. Thanks fellow VJERs.

Hadiza

[LIFE'SJOURNEY 970]

Your husband the LPR cannot apply for government assistant within 5 years of being a LPR, but you the USC can apply for any government assistant programs.

Edited July 24, 2011 by LIFE'SJOURNEY

[Rich&Vero 14]

This is from the USCIS Public Charge Fact Sheet

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Benefits Not Subject toPublic Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefitsthat are not intended for income maintenance are not subject to public chargeconsideration. Such benefits include:

· Medicaid and otherhealth insurance and health services (including public assistance forimmunizations and for testing and treatment of symptoms of communicablediseases, use of health clinics, short-term rehabilitation services, prenatalcare and emergency medical services) other than support for long-terminstitutional care

· Children's HealthInsurance Program (CHIP)

· Nutrition programs,including the Supplemental Nutrition Assistance Program (SNAP)- commonlyreferred to as Food Stamps, the Special Supplemental Nutrition Program forWomen, Infants and Children (WIC), the National School Lunch and SchoolBreakfast Program, and other supplementary and emergency food assistanceprograms

· Housing benefits

· Child care services

· Energy assistance, suchas the Low Income Home Energy Assistance Program (LIHEAP)

· Emergency disasterrelief

· Foster care and adoptionassistance

· Educational assistance(such as attending public school), including benefits under the Head Start Actand aid for elementary, secondary or higher education

· Job training programs

· In-kind, community-basedprograms, services or assistance (such as soup kitchens, crisis counseling andintervention, and short-term shelter)

· Non-cash benefits underTANF such as subsidized child care or transit subsidies

· Cash payments that havebeen earned, such as Title II Social Security benefits, government pensions,and veterans' benefits, and other forms of earned benefits

· Unemploymentcompensation

Some of the aboveprograms may provide cash benefits, such as energy assistance, transportationor child care benefits provided under TANF or the Child Care Development BlockGrant (CCDBG), and one-time emergency payments under TANF. Since the purpose ofsuch benefits is not for income maintenance, but rather to avoid the need forongoing cash assistance for income maintenance, they are not subject to publiccharge consideration.

Note: In general, lawful permanent residents who currently possess a"green card" cannot be denied U.S. citizenship for lawfully receivingany public benefits for which they are eligible.

[VanessaTony 3,567]

This is from the USCIS Public Charge Fact Sheet

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

<snip>

Note:[/size] In general, lawful permanent residents who currently possess a"green card" cannot be denied U.S. citizenship for lawfully receivingany public benefits for which they are eligible.

This last bolded sentence is the most important. he is not "eligible" to receive any benefits until he's been an LPR for 5 years. You said he's applying for ROC soon so he's only been an LPR less than 2 years and is therefore not eligible... so applying for the benefits WOULD be bad. The USC can apply, the immigrant cannot.

[JimVaPhuong 4,863]

Hello I would like to know if my husband applies for government benefits such as food stamps

will this affect his green card application when it is time for removal of conditions? My husband

lost his job and we want to know if we can apply for government benefits because I heard a rumor

saying that the United States does not want anyone to be a public charge. Please if anybody

knows about this issue, let me know before we make the decision to apply. We did not apply yet,

we are just thinking about it, because we don't want to do anything to jeopardize our Removal of

Conditions application. Thanks fellow VJERs.

Hadiza

Rich&Vero outline the public charge requirements nicely. He wouldn't be considered a public charge for receiving temporary non-cash benefits like food stamps. However, until he's been an LPR for five years he's not eligible for most means tested government benefits. Once he does become eligible then he could apply for and receive food stamps. If you signed an affidavit of support then the government could demand reimbursement from you for any means tested benefits he receives. Your liability under the affidavit of support doesn't automatically end in five years.

[lunaboriken 2]

I am trying to get an answer as well. I am USC and I petitioned for my husband. Can I apply for WIC? I am reading that WIC is a non public charge. On the other hand, I filled out the Affidavit of Support where you state you have the income to petition. I petitioned without a joint sponsored. Any suggestions? I haven't applied because I want to be 100% sure. Note: In September, we are re-applying to Remove Conditional Green Card.

Edited May 13, 2014 by lunaboriken

[Merrytooth 5,748]

You are the US citizen, so apply for WIC should not be a problem.

[NigeriaorBust 4,087]

In the relationship any USC's ( spouse ,chlidren ) can get benefits when needed at ANY time. The LPR can NOT get benefits until they have been here 5 years. So if it is you hubby and 2 USC kids the household size is 3 not 4 until the LPR has been here 5 years.