Can my spouse recieve CA$H AID as conditional permanent resident?

[bluemosque 0]

My wife has been in country for close to year and a half. she has a conditional permanent resident. we have to file adjustment of status jan 2013 to life her conditional status.

can receiving cash aid can jeopardize her permanent resident status? i didnt see no such question in form i-751. is this allowed or not? the info on net is conflicting, i couldnt find a definet answer.

[aaron2020 11,651]

My wife has been in country for close to year and a half. she has a conditional permanent resident. we have to file adjustment of status jan 2013 to life her conditional status.

can receiving cash aid can jeopardize her permanent resident status? i didnt see no such question in form i-751. is this allowed or not? the info on net is conflicting, i couldnt find a definet answer.

Receiving cash aid will not jeopardize her permanent resident status.

You have not stated where the money is coming from. If it is a forbidden means tested benefit that the I-864 sponsors agree to reimburse the government for, then the sponsors would be responsible for repayment.

Here's a link on more information about benefits that your wife should not get if she does not want to leave her I-864 sponsors responsible; http://travel.state.gov/visa/immigrants/info/info_3183.html#4

[ceadsearc 516]

What kind of cash aid are you talking about?

Certain types of cash aids ARE considered under public charge determination, though chances are slim that your spouse would actually be considered a public charge unless she remained on them long term.

However, chances are if she has only been an LPR for 2 years she isn't eligible. Generally the rule (except for emergency Medicaid) is 5 years AND 40 quarter hours of work.

[bluemosque 0]

Receiving cash aid will not jeopardize her permanent resident status.

You have not stated where the money is coming from. If it is a forbidden means tested benefit that the I-864 sponsors agree to reimburse the government for, then the sponsors would be responsible for repayment.

Here's a link on more information about benefits that your wife should not get if she does not want to leave her I-864 sponsors responsible; http://travel.state.gov/visa/immigrants/info/info_3183.html#4

Calworks. thats the cash aid, its the one you dont have to pay back. is it considered public charge? since the application for lifting conditions on her status, i didnt see any questions for receiving govt aid on the form that needs to be submitted before 2 years anniversary.

What kind of cash aid are you talking about?

Certain types of cash aids ARE considered under public charge determination, though chances are slim that your spouse would actually be considered a public charge unless she remained on them long term.

However, chances are if she has only been an LPR for 2 years she isn't eligible. Generally the rule (except for emergency Medicaid) is 5 years AND 40 quarter hours of work.

one im talking bout is calworks. we just had a kid, and i was let go of my job so we dont have any income. we dont plan to be on it permanently but im hurting for cash. i dont think calworks u gota pay back?

Edited September 18, 2012 by bluemosque

[KayDeeCee 4,896]

The I-751 does not ask about financials or receiving aid. If your wife received benefits that the government believes she had no right to, then they can come after you to pay it back. That is what the I-864 is all about. Here is the guide for removing conditions: http://www.visajourney.com/content/751guide

[ceadsearc 516]

Calworks is California's version of TANF, which means she probably is not eligible. You'll need to check with your state on the exact laws. In my state the law is that an LPR must have been an LPR 5 years and worked 40 quarter hours to qualify. It is also subject to sponsor-deeming meaning you could be forced as a sponsor to pay back any benefits recouped. That said, if the whole family is determined to be indigent they probably wouldn't go after you but if you had a co-sponsor they might pursue them.

None of that matters if she doesn't meet the alien requirements, though, so that is the first thing to check into.

Keep in mind that even if she isn't eligible, you and your child (if both USCs) can still apply and may be eligible.

Also, Calworks is considered for public charge but as she already has her GC that likely wouldn't be an issue for her unless she was on it long-term.