I-751 waiver in process and food stamps?

[simpleflower 0]

Hello everyone,

I've been reading posts on this forum for a while, I have a concern regarding food stamps and I'm hoping to get an advice.

I sent my I-751 waiver to VSC in 04/11, sent the divorce decree in 08/11 and got the biometrics appointment in december. I haven't heard anything from USCIS since then.

I've been looking at the timelines of other people and it seems like there's a long wait ahead of me. Times are tough and I've been struggling financially a lot lately.

I qualify for food stamps but I'm afraid to apply...I don't want it to affect a decision on a waiver. However, I have two minor children (they;re on the waiver application as well - all 3 of us have a conditional GC) and stamps would mean a huge relief for me.

What are your opinions on it? I;m looking for a better job but no luck so far... Should I apply or not?

Thank you for your responses...

Also... USCIS has updated the processing times and the table says that they're processing the cases from May 2nd as of now...Should I be worried that mine takes so long?

Thanks a lot

[ceadsearc 516]

Are you sure you qualify? Generally you need to have been an LPR for 5 years to qualify for means tested benefits, though your children may if they are under 18. If you have a conditional GC then you couldn't have been an LPR that long. Is there some other way you qualify?

[Gary and Alla 3,694]

Are you sure you qualify? Generally you need to have been an LPR for 5 years to qualify for means tested benefits, though your children may if they are under 18. If you have a conditional GC then you couldn't have been an LPR that long. Is there some other way you qualify?

It would not affect the I-751 but your sponsor could be made to pay for the food stamps IF you were given them. I do not think YOU will be. Your children may be eligible for free school lunches as the free lunch program does not have the 5 year requirement. It would not affect your Removal of Conditions.

The only way to find out is to apply, but I am fairly certain food stamps require LPR status for 5 years,with some exceptions for refugee programs

[ceadsearc 516]

They do, with a few exceptions (including children under 18). http://www.ssa.gov/pubs/10101.html

Even if the kids receive food stamps the sponsor could be responsible for repaying the government.

According to USCIS, a person cannot be denied naturalization for benefits they lawfully obtained. I don't know about ROC but I would think the same might hold true. The key word there is lawfully; unless you fall into one of the exception categories obtaining public benefits for yourself would be done unlawfully. I don't know that it would actually affect your ROC (or that they'd even ask) but that's certainly not a risk I would want to take.

[simpleflower 0]

I was hoping that at least children could receive stamps; it would be a huge help otherwise I'm really helpless and clueless on what to do.

Should I be worried about the timeline on the waiver? Do you think they could be sending me an interview/approval notice soon?

Appreciate all your responses

[ceadsearc 516]

It sounds like the kids may be eligible. I suppose it depends on if you want to take the risk of their sponsor having to repay the government.

I wouldn't worry about the timeline too much. Did you receive an RFE for the divorce decree? They can't process the ROC w/ waiver until they have that so your case was probably on hold until August. I wouldn't be surprised if it was ajudicated based on an August timeline vs an April timeline.

[simpleflower 0]

No, I never got the RFE, i just sent the decree as soon as I was granted a divorce. Maybe I should be more patient then especially since my biometric appointment wasn't until december.

[Deputy Purple 1,294]

Go ahead and apply but be absolutely sure that you are specific and accurate about your LPR Status. Don't let anyone else fill in that section or change it after you've filled it in.

I've heard of people thinking they'd be okay of the fudge a little but if you do it could be disastrous for you.

[ceadsearc 516]

No, I never got the RFE, i just sent the decree as soon as I was granted a divorce. Maybe I should be more patient then especially since my biometric appointment wasn't until december.

If your biometrics wasn't until December I really wouldn't worry too much. VCS is moving pretty slowly. If you sent the waiver without the decree you would have received an RFE for me. The fact that you didn't receive one before you sent it - four months later - just shows how backed up they probably are that they likely hadn't even gotten to that yet. You can always call USCIS and put in a service request in hope of speeding things up (or at least getting some information about what is going on) but I wouldn't stress too much yet.

[lovelyalex 99]

In terms of your processing/waiting time, it might help put your mind at ease to just give the USCIS a ring if you feel things have stalled.

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