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Nina91

Public assistance question

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 Hello, I have a question. I found this link and want to double check if I understand correctly. https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

 

The situation is that I have been on my naturalization interview three weeks ago and received notice that I am going to receive my oath ceremony appointment within 30 days. I am married to citizen and received green card through the citizen. We have been struggling financially due to health issues for the last few months and only one of us is employed part time. I am currently pregnant and would like to find out if I can apply for medicare, WIC and food stamps. I do not want to be a public charge and live off government and this assistance is only temporary, until we find a better job and health issues pass. We both had good jobs for many years and paid taxes but unfortunately health issues and job losses happened and we are struggling now. We have lots of medical bills for 2017 due to my health issues. Would receiving any of those three benefits (WIC, food stamps and medicare) hurt me or my spouse? I heard somewhere that once the spouse applied to be my sponsor for green card, they are responsible for me until I receive the citizenship. Technically I am almost there, thus I waited to apply for those benefits although we needed them few months ago already. I do not want my spouse to have to pay back the government a fine if I apply for something I should not be receiving. I really appreciate some advice in this matter.

Edited by Nina91
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How long have you had your green card? If it's less than 5 years public assistance would have to be replayed. 

 

Have you looked into health insurance at all? You're basically at the citizenship part and you're already going to go on assistance. Try to figure it out and get insurance. Why only working part time? 

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2 minutes ago, Redheadguy03 said:

How long have you had your green card? If it's less than 5 years public assistance would have to be replayed. 

 

Have you looked into health insurance at all? You're basically at the citizenship part and you're already going to go on assistance. Try to figure it out and get insurance. Why only working part time? 

Not necessarily true, there are exceptions apparently and I think I qualify. With my income I only qualify for medicare. I don't think this response was helpful.

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15 minutes ago, Nina91 said:

Not necessarily true, there are exceptions apparently and I think I qualify. With my income I only qualify for medicare. I don't think this response was helpful.

Why ask if you didn't want advice? You aren't supposed to be a public charge. Yes, there's exceptions, but you can still be required to pay them back. Means tested benefits are different from public charge. Example something could be public charge and you get it, but it's a mean tested benefit. So the USC could be required to pay it back. 

 

Wic is for kids. If you had kids they could get it, but you shouldn't be able to. 

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1 minute ago, Redheadguy03 said:

Why ask if you didn't want advice? You aren't supposed to be a public charge. Yes, there's exceptions, but you can still be required to pay them back. Means tested benefits are different from public charge. Example something could be public charge and you get it, but it's a mean tested benefit. So the USC could be required to pay it back. 

 

Wic is for kids. If you had kids they could get it, but you shouldn't be able to. 

I wanted to get responses on the specific questions I asked. My main question (among some others) is if those assistance programs require me to pay the government back? I could deduct that SSI and cash assistance are "public charge" and those three I mentioned are not... but I am not sure if I understand correctly?

I think you should research WIC better, WIC means Women Infants Children, and it is indeed for pregnant women.

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Families can receive WIC regardless of immigration status. 

 

As for SNAP there's a whole section on their website about non-citizens:

https://www.fns.usda.gov/snap/snap-policy-non-citizen-eligibility

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Filed: K-1 Visa Country: Wales
Timeline

Depends on the State.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I don't for sure know the answer, but I wouldn't think it would be likely that anyone would bother pursuing your husband because you received assistance in the 30 days before your citizenship was final. 

 

Mostly I just wanted to put in a vote of moral support that you should feel comfortable getting assistance if your family needs it.  Your husband is a citizen (I am assuming) and your child will be, so anything that helps to keep you healthy will be benefiting them, and you are becoming a citizen, so  your being supported now will help you to be a more productive citizen in the future for years to come.  And as you said, it is temporary.

 

Good luck!

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You are free to apply for any benefits for which you qualify. Some means-tested benefits may be unavailable. Note that public charge concerns are not the issue here...it's the usage of certain means-tested public benefits (there is a difference between the two).

 

Only obtaining them illegally would affect your eligibility for naturalization (potentially including overpayments) as this violates the good moral character requirement. This applies up until the day you become a USC...even 30 days prior is a violation and can have consequences. Never rely on somebody not finding out.

https://www.nolo.com/legal-encyclopedia/will-receiving-public-benefits-hurt-your-chances-us-citizenship.html

 

The exact public benefits you qualify for, prior to citizenship, varies by state. For instance, there is a 5 year ban on federal funds for Medicaid, but state funds can still be used so it is available in some states. Emergency Medicaid is also fine since it is not a means-tested benefit. TANF is another program where the eligibility varies by state.

https://www.nolo.com/legal-encyclopedia/what-public-benefits-can-green-card-holder-receive.html

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 hour ago, geowrian said:

You are free to apply for any benefits for which you qualify. Some means-tested benefits may be unavailable. Note that public charge concerns are not the issue here...it's the usage of certain means-tested public benefits (there is a difference between the two).

 

Only obtaining them illegally would affect your eligibility for naturalization (potentially including overpayments) as this violates the good moral character requirement. This applies up until the day you become a USC...even 30 days prior is a violation and can have consequences. Never rely on somebody not finding out.

https://www.nolo.com/legal-encyclopedia/will-receiving-public-benefits-hurt-your-chances-us-citizenship.html

 

The exact public benefits you qualify for, prior to citizenship, varies by state. For instance, there is a 5 year ban on federal funds for Medicaid, but state funds can still be used so it is available in some states. Emergency Medicaid is also fine since it is not a means-tested benefit. TANF is another program where the eligibility varies by state.

https://www.nolo.com/legal-encyclopedia/what-public-benefits-can-green-card-holder-receive.html

This is true, it is necessary to make sure not to apply for something for which you don't qualify, and to be careful to avoid any misrepresentation in anyapplication.    I was meaning to say more don't let people shame you for using things for which you legitimately ARE eligible.

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