Public assistance for the in-law

[Me&Her 2]

So I am going to have to sign the Affidavis of Support for the in-laws (I am the USC, spouse does not have an income), the question is, what kind of public assistance, if any, can the in-laws seek once they are here, without the government coming after me?

I have heard from friends and families that some young people, once they arrived, they applied for food stamp, section 8 housing and such, I wonder how is their sponsors are doing...

Also, I knew for sure a you coupon, both student visa, gave birth to to child here in the US, and our government is eager to food the bill for the baby, they got food stamps for the baby...

Thanks!!

[unlockingsky 94]

you will find some answers here

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

[Me&Her 2]

Thanks, very informative, but my question is, what if the in-laws applied and received some benefits AFTER they arrived? Benefits including Medicaid, low-income (they will be no-income) housing, food stamp etc.

[JohnR! 5,495]

Thanks, very informative, but my question is, what if the in-laws applied and received some benefits AFTER they arrived? Benefits including Medicaid, low-income (they will be no-income) housing, food stamp etc.

You are financially responsible for any benefits they receive for a period of 10 years or until they become US citizens themselves, whichever happens first.

[Penguin_ie 5,995]

They cannot have any means tested benefits. What exactly they can have depends on the state they will live in but in general no medicaid and medicare, foodstamps etc (this also means if they are elderly and unlikely to work, the CO may want more than the I-864 filled in and over the poverty line- they may require proof you can pay for medical insurance, as your in-laws won't have any, and health care is expensive in the USA).

[NikLR 13,231]

http://travel.state..../info_3183.html

this should help

Main things to read from this link:

Federal means tested public benefits are the following:

• Food stamps
• Supplemental Security Income (SSI)
• Medicaid
• Temporary Assistance for Needy Families (TANF)
• State Child Health Insurance Program (CHIP)

Can the applicant use government assistance or public benefits?

If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits.

Edited December 11, 2012 by NikiR

[VanessaTony 3,567]

So I am going to have to sign the Affidavis of Support for the in-laws (I am the USC, spouse does not have an income), the question is, what kind of public assistance, if any, can the in-laws seek once they are here, without the government coming after me?

I have heard from friends and families that some young people, once they arrived, they applied for food stamp, section 8 housing and such, I wonder how is their sponsors are doing...

Also, I knew for sure a you coupon, both student visa, gave birth to to child here in the US, and our government is eager to food the bill for the baby, they got food stamps for the baby...

Thanks!!

They are not eligible for certain benefits (called means-tested benefits) until they have been a resident for at least 5 years. Some still get those benefits.

If it's a means-tested benefit the sponsor will have to pay it back. Someone else provided you with a link.

The friends and family you mention that applied for food stamps etc must have lied, they're not eligible for those things, but either way the sponsor is liable.

The baby you mention is a USC, which is why the baby is eligible for foodstamps and other such things.

You will be responsible for paying back the US government until they become citizens, work 40 SSA quarters, die, or leave and give up their GC. This can be in excess of 10 years.

It is a very serious document to sign. I personally would not sign it for anyone else except my mother, and of course my husband. My siblings I don't trust enough even. I would not sign it for my husbands family, and he would never ask it of me, it's too binding, and too serious a document.

[reese1 68]

I have a family member that works for DHS family services. They said that if someone immigrates to the US as refuge they are entitled to medical, food stamps, and up to $700 cash assistance as soon as they enter no green card needed only the paperwork showing their refuge status. If they have a green card they are only entitled to receive food stamps and they do not have to be a resident for 5 yrs. I am sure the procedure differs from state to state. As far as what impact it has on the sponsor they weren't sure as that is handled through a different office.

What you don't want to do is try this, because one thing the government will do is go after their money. And since they can not collect from the immigrant they will collect from the sponsor.

Edited December 11, 2012 by reese1

[NikLR 13,231]

In the link I just put in... An immigrant is not eligible for food stamps or else the sponsor will have to pay it back.

A USC can use them. So a baby born in the USA or who has had CRBA done and is a USC or the USC doing the sponsoring can use them... But an immigrant cannot until such time as their sponsorship ends by the means that penguin has stated without the sponsor having to pay.

So an elderly couple who will not be working, obviously will not have any means to support themselves at all. The sponsor MUST support them (thus "Affidavit of Support") or else pay back to the government whatever they use. If you don't think you make enough money to financially support someone for the rest of their lives, this isn't a good idea even if they're family. Because no matter how you work it, you will be supporting them, either by choice or because the US government demands you pay them back.

Edited December 12, 2012 by NikiR

[NigeriaorBust 4,087]

Elderly people frequently need medical attention which isn't cheap in the US. Should these people come and you have signed the affidavit of support and one of them have a heart attack or a stoke you could find yourself paying for bills over 100,000. Even if they could get emergency medicade that can run out and you then are responsible for the bills after that ( my 97 old US born aunt just reached her limit after a heart attack followed by a broken hip followed by another heart attack during the replacement operation ) They just met with family in search of assets for continued care. It could be you the same happens to.

[Darnell 8,479]

you could self fund as a family co-op, but it takes some doing on everyone's part, and the incoming inlaws would actually have to work a few hours a day.

I'm writing a piece on this over at chinafamilyvisa.com - watch out for the upcoming blogspace.

[Me&Her 2]

you could self fund as a family co-op, but it takes some doing on everyone's part, and the incoming inlaws would actually have to work a few hours a day.

I'm writing a piece on this over at chinafamilyvisa.com - watch out for the upcoming blogspace.

Thanks, can you provide a link?

Also, please ignore my ignorance, but what about Medicare? Are my in-laws eligible?

Edited December 13, 2012 by Me&Her

[Brother Hesekiel 2,236]

Me&Her,

you seem to have a problem understanding. So let me be a bit clearer:

One main requirement that the United States government imposes is that NO intending immigrant will EVER become a financial burden on the American people. Your Affidavit of Support will be in effect until either of these things happen:

1) your in-laws die

2) you die

3) your in-laws become US citizen (which could happen the earliest in 5 years)

4) your in-laws lose their status and get deported (i.e., if they apply for food stamps)

5) your in-laws have paid at least 40 quarters into SS, which would be 10 years of full time work.

Your in-laws are not eligible for ANYTHING, and YOU will be signing a guarantee to the United States government that if the pull any stunts, that YOU will be paying Uncle Sam back. Since applying for food stamps implies document fraud, case # 4 is implied, eventually.

Furthermore, the Affidavit of Support you are submitting (if you are crazy enough to do that) may not even be enough. If it appears as if your in-laws will not be able to work at least 10 years and pay into SS, YOU, again, will be required to prove that you can take care of them potentially until the day they die. Here's the law for this:

Age and Health of Prospective Immigrant

Both USCIS and Department of State are required to consider the immigrant's age, health, and ability to support themselves when making the public charge determination. This requirement is based on INA section 212(a)(4)(B):

Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) education and skills

Only after considering these things, will DHS or DoS consider the affidavit of support:

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

Both the Adjudicators Field Manual (DHS) and Foreign Affairs Manual (DoS) refer to the "totality of circumstances", and specifically refer to INA 212(a)(4)(B). Some specific references in the Foreign Affairs Manual:

9 FAM 40.41 N4.3 Family Status

You should consider the marital status of the applicant and, if married, the number of dependents for whom he or she would have financial responsibility.

9 FAM 40.41 N4.4 Applicant's Age

You should consider the age of the applicant. If the applicant is under the age of 16, he or she will need the support of a sponsor. If the applicant is 16 years of age or older, you should consider what skills the applicant has to make him or her employable in the United States.

9 FAM 40.41 N4.5 Education and Work Experience

You should review the applicant's education and work experience to determine if these are compatible with the duties of the applicant's job offer (if any). You should consider the applicant's skills, length of employment, and frequency of job changes. Even if a job offer is not required, you should assess the likelihood of the alien's ability to become or remain self-sufficient, if necessary, within a reasonable time after entry into the United States. (See 9 FAM 40.41 N4.7.)

9 FAM 40.41 N4.6-1 Aliens Subject to INA 212(a)(4)©/(D)

An alien who must have Form I-864, Affidavit of Support Under Section 213(A) of the Act, will generally not need to have extensive personal resources available unless considerations of health, age, skills, etc., suggest that the likelihood of his or her ever becoming self-supporting is marginal at best. In such cases, of course, the degree of support that the affiant will be able and likely to provide becomes more important than in the average case.

So basically YOU have to make sure that you have the cash to take care of your in-laws in case they are older or not healthy. I don't have to tell you what health insurance for older people or people with a pre-existing condition costs. That will change in 2014, but as of right now, they may be looking at a few thousand dollars in health care premiums every single month.

Please take the Affidavit of Support seriously, as it's a serious commitment. I do very well financially, but I could not afford to sponsor a parent, nor would I sign an Affidavit of Support for anybody other than my spouse.

[Penguin_ie 5,995]

Also, please ignore my ignorance, but what about Medicare? Are my in-laws eligible?

No.

[bigdog 376]

They are not eligible for certain benefits (called means-tested benefits) until they have been a resident for at least 5 years. Some still get those benefits.

If it's a means-tested benefit the sponsor will have to pay it back. Someone else provided you with a link.

The friends and family you mention that applied for food stamps etc must have lied, they're not eligible for those things, but either way the sponsor is liable.

The baby you mention is a USC, which is why the baby is eligible for foodstamps and other such things.

You will be responsible for paying back the US government until they become citizens, work 40 SSA quarters, die, or leave and give up their GC. This can be in excess of 10 years.

It is a very serious document to sign. I personally would not sign it for anyone else except my mother, and of course my husband. My siblings I don't trust enough even. I would not sign it for my husbands family, and he would never ask it of me, it's too binding, and too serious a document.

:thumbs:Yea a big responsibility and lots of money.