Getting Welfare Benefits While an Immigrant-Not a Public Charge

[presidentbalut 0]

I hear a great deal that it is illegal to claim Welfare benefits while an Immigrant. I heard it's a Federal crime. You will go to prison. Be deported. Your sponsor sued. All kinds of scary things. Even here on VJ!

According to the USCIS, you can receive Section 8 Housing, Food Stamps, Medicaid, CHIP, LIHEAP, TANF, and everything else. You can receive ALL government benefits and not be deemed as a "public charge", so long as they are not CASH benefits.

Even if you DO receive cash benefits, it's OK! It does not automatically disqualify you.

We've been receiving a variety of benefits, because me and my wife are disabled. I just went through the process of having my Conditions Removed. I was SOOOOOOOOO terrified I was going to be deported! Or imprisoned and deported!

So why do people say that Immigrants cannot claim benefits in the USA?

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

EDIT: Removal of Conditions on your Green Card is FREE if you cannot afford it! So is Naturalization!

Edited July 16, 2013 by presidentbalut

[gwenstar 66]

That is really interesting. I know that different federal/state programs are funded differently - for instance welfare is completely different than section 8 housing. I work with public and low income housing. I know that It is not an issue for immigrants to receive housing benefits - as long as the protocol is followed. However, defrauding the housing program would be something reported in regards to immigrant status.

I am not familiar with the different circumstances with a status of refugee immigrant, but I know that they can be eligible to receive housing benefits, SSI, TANF, and Public Assistance (welfare) without any problem.

Anyhow - thanks for this post! It makes me want to do some more research - I might find some info that could useful to some of the tenants I work with. I would be interested to hear more of your story.... if you want to share just send me a message.

[presidentbalut 0]

That is really interesting. I know that different federal/state programs are funded differently - for instance welfare is completely different than section 8 housing. I work with public and low income housing. I know that It is not an issue for immigrants to receive housing benefits - as long as the protocol is followed. However, defrauding the housing program would be something reported in regards to immigrant status.

I am not familiar with the different circumstances with a status of refugee immigrant, but I know that they can be eligible to receive housing benefits, SSI, TANF, and Public Assistance (welfare) without any problem.

Anyhow - thanks for this post! It makes me want to do some more research - I might find some info that could useful to some of the tenants I work with. I would be interested to hear more of your story.... if you want to share just send me a message.

That's great to hear that you are helping people. There should be more people out there doing the same.

Section 8 is interesting. The requirement is that at least one member of the household is a US citizen. The other members, up to 3 people per bedroom, can have any status. So a 3 bedroom unit can have one American, and 8 undocumented immigrants living there. Also, under the Section 8 laws, if any member claims to be a US citizen, Section 8 workers are not required to ask for proof of being such.

SSI and SSDI. Many people do not realize that even new immigrants to America can claim SSI benefits. This comes from that social security agreements that the USA has with other countries. The SS contributions from your home country, qualify you in the USA. Including SS retirement. Also, if you do not have this, you can claim benefits under your spouse's contributions.

Out of desperation, I have had to become a bit of an expert. lol We cannot afford an attorney.

Edited July 16, 2013 by presidentbalut

[VanessaTony 3,567]

Honestly, we can't police the threads 24/7 stopping people from posting misinformation. So people are going to post what they think is true.

Also, the thread you linked has been linked many times. There is a difference between Public Charge and "means tested benefits" which is something some people tend to confuse.

There are many means-tested benefits that aren't public charge issues, but it means you sponsor MIGHT (not will, MIGHT) be sued to repay means-tested benefits back to the government. Also, there are some benefits that the USC can use (of course) without needing to worry about these issues. Some people worry that if they (the sponsor) use the benefits it somehow negatively affects the immigrant, it doesn't.

I and my husband personally haven't used ANY means-tested benefits or anything like that. We've always worked because we are able (or I didn't work but my husband earnt enough to support us without assistance). There was a time when we were both out of work and we considered using benefits but we didn't want to risk having to pay back the government, because we know the risk is there. It doesn't matter if the government screwed up and gave you benefits you weren't entitled to, YOU would still be the one paying the price, and we didn't want to risk that.

Yes there is a fee waiver available for some forms. You need to pass the requirements of course, but yes the option is there. It isn't there for AOS due to the sponsorship requirements, but it is an option for some other forms.

Edited July 16, 2013 by VanessaTony

[gwenstar 66]

That's great to hear that you are helping people. There should be more people out there doing the same.

Out of desperation, I have had to become a bit of an expert. lol We cannot afford an attorney.

I try to do whatever I can to at least get people to the best place for resources and help for whatever their need is. It can be insanely confusing! That is unfortunate in your case you can not afford an attorney - hopefully there are some community services that have been able to help guide you through. Even if it out of necessity - High five for becoming an expert - that takes major determination!!!!

As I am going through this Visa process - I find things to be challenging and confusing....and I have been doing compliance for federal programs for 8 years! Oh the paperwork I have seen....haha. I have no idea how stressful and frustrating it would be without some of the experience I have. Or maybe I am just more paranoid because I know how picky I have to be about how people fill out forms I review ?!?

I think with any type of assistance/benefits it really comes down to being honest and following whatever rules are in place - i.e. proving need so on and so forth. Unfortunately sometimes people who need assistance aren't aware of what programs they could be eligible for....or as you brought up, are misinformed about what is OK to apply for as an immigrant and might be too scared to check it out.

I am glad that you have been able to get some assistance that you need. It is an uphill battle to get disability even for a USC.

Thanks for sharing your experience!!

[hnubno 9]

My mom was telling me about a family who did what OP did for 10 years then someone reported them and they had to pay back the money. I think they were getting disability, Medicaid, housing assistance, food stamps, and etc. Don't know the details of their story but heard bout it.

Edited August 18, 2013 by hnubno

[gwenstar 66]

It all comes down to following the correct procedure - different people from different situations would qualify for different things. If any person is claiming benefits that they are not eligible for or did not go through the correct process, the government can determine it has be paid back. It is considered fraud regardless of citizen status. When fraud occurs, US Citizens or not, the gov will attempt to reclaim the money and restrict the person from receiving further federal aid.

[NikLR 13,227]

Personally I wouldn't want to risk having to pay back money. I know the Canadian gov't will gladly give you money for months, even years until they say "oh our bad, you didn't deserve that and owe us $XX,XXX due NOW."

There are some state means-tested benefits that an LPR may be eligible for, but you really have to be careful about what you're doing. They aren't available everywhere or for everyone.

[haveaniceday 9]

i am disabled (cannot walk wheelchair bound) and have been looking for a job every since i received my 2 yr green card, with no luck yet it hasnt been easy thats for sure, so now with this topic i am even more confused, are you saying that since i am disabled but a legal resident i can apply for section 8 housing and disability? i live in texas. you guys are talking about going through the correct procedures, however what exactly are these correct procedures and who can we talk to regarding these matters without it affecting us in the long term.