Still on Process of I-751 and WIC (Women, Infant and Children)Program

[hagoyz 2]

Hello All, 

 

My husband and I are still in the process of getting his permanent resident card and we just had our daughter.  People were suggesting to apply for WIC Program but I'm concerned that there could be an issue with the affidavit of support since I will be asking help from government? Need help.Should I be concerned?

 

Thank you All. 

[Randyandyuni 2,682]

If you qualify, take it, your child is a citizen, you are a citizen, he receives no direct benefit, the program is in place to raise children's health

[jcra615 53]

Honestly, I would probably ask a lawyer first - do not take this lightly AT ALL considering the recent changes.

 

Even if you and your daughter are citizens, it seems like your husband could face problems in the future with this, even though he is not "directly" receiving benefits. From what I understand, its all about a family unit's ability to support itself without government help, not necessarily just the non-citizens use of government support.

[Randyandyuni 2,682]

Follow this link

 

http://www.apsanlaw.com/mlaw-250.What-are-the-harmless-Public-Benefits-for-immigrants-and-the-Ones-to-pass-up.html

Edited October 31, 2018 by Randyandyuni

[MikeMc 38]

On ‎10‎/‎31‎/‎2018 at 5:13 PM, hagoyz said:

Hello All, 

 

My husband and I are still in the process of getting his permanent resident card and we just had our daughter.  People were suggesting to apply for WIC Program but I'm concerned that there could be an issue with the affidavit of support since I will be asking help from government? Need help.Should I be concerned? 

 

Thank you All. 

Should be fine.

My Male USC friend and his K1 Wife did it with their 2 kids.

The Child is the USC, they don't care if neither parent is, just meet the qualifications for it.

[jcra615 53]

It does not matter at all if being on WIC or other government support programs was okay for someone in the past - there are very recent changes (as of September of this year) that make receipt of any kind of government support, including WIC, an issue.

 

I don't mean to scare anyone here or be too severe, but I think it would be horrible to enroll for this benefit only later to have a spouse be denied a greencard. Even being enrolled in Obamacare or any type of healthcare even partially supported by the government is being deemed as having received government support.

 

It is one hundred percent worth consulting with an immigration lawyer regarding this issue given the current state of immigration policy changes in this country. Do not take the risk without being informed about the potential consequences.

 

 

Here are some new sources regarding the very recent changes to policy:

 

https://www.dhs.gov/news/2018/09/22/dhs-announces-new-proposed-immigration-rule-enforce-long-standing-law-promotes-self

This is the latest I could find from DHS. It says the proposed rule was recently signed, and that even past receipt of these programs can bar you in the future. 

 

https://www.miamiherald.com/news/local/immigration/article199481549.html

This one mentions specifically that even if the child is a USC, the foreign parent can be denied future green card/citizenship applications.

 

https://theintercept.com/2018/09/26/public-charge-immigration-green-card/

Also mentions WIC recipients disenrolling for fear of a spouse's application not going through.

[Randyandyuni 2,682]

that is why I posted a link from a lawyer that specifically references the USCIS stance on this. WIC is a nutritional supplement program geared to ensuring a child's health.

[jcra615 53]

51 minutes ago, Randyandyuni said:

that is why I posted a link from a lawyer that specifically references the USCIS stance on this. WIC is a nutritional supplement program geared to ensuring a child's health.

Sure. Unfortunately, the page you linked does not address the new regulation, which I added in a link above to give the most up-to-date information.

 

Here is the new USCIS page that addresses this: https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility It was posted online for comments on October 10th of this year. 

Edited November 2, 2018 by Carley

[Randyandyuni 2,682]

From your link:

Where is WIC excluded from being admissible?

 

Q. Which benefits are included in public charge inadmissibility determinations?

A. Public charge adjudications would only account for receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing.  
The covered benefits generally represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care.  
Under the proposed rule, receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes unless the receipt occurred after a final rule becomes effective.

[jcra615 53]

42 minutes ago, Randyandyuni said:

From your link:

Where is WIC excluded from being admissible?

 

Q. Which benefits are included in public charge inadmissibility determinations?

A. Public charge adjudications would only account for receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing.  
The covered benefits generally represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care.  
Under the proposed rule, receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes unless the receipt occurred after a final rule becomes effective.

1

WIC is not excluded...it is INCLUDED within benefits that constitute public charge inadmissibility determinations: "The covered benefits generally represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care."  The "Which Benefits are Not Considered?" question the same page gives examples of disaster relief aid, school lunches, and head start programs as benefits that are not considered. WIC is clearly not in this category of aid. 

 

Like I said initially, all I am saying is that she should consult a lawyer before making this decision. I have no stake in the game here, I am simply trying to respond to this individual’s question with the most up-to-date information so she can make an informed decision. 

 

A central facet of the new rule includes that it would be retroactively applied. That means that even if it is fine that her family receives WIC now, once the rule is applied it doesn’t matter if she gets off WIC, she was still on it at some point and that could negatively affect her husband’s current / future petitions.

 

So…talk to a lawyer unless you want to play chance with your future in our current uncertain immigration climate.

[Randyandyuni 2,682]

5 minutes ago, Carley said:

WIC is not excluded...

I do not want to argue with you, but SNAP is the only food program mentioned above.

 

OP you are getting conflicting information, I apologize for this, you can also contact your county health center or WIC coordinator, good luck in determining your eligibility

[jcra615 53]

1 hour ago, Randyandyuni said:

I do not want to argue with you, but SNAP is the only food program mentioned above.

 

OP you are getting conflicting information, I apologize for this, you can also contact your county health center or WIC coordinator, good luck in determining your eligibility

As quoted, it states that it generally covers the largest federal programs, of which WIC certainly is one. 

 

For this reason, I would highly recommend not just consulting someone at WIC or at a county health center, but also someone that knows specifically about these immigration-related changes, since so many- even those involved in their own immigration processes- do not!

 

Best of luck, I hope you find everything you need to make an informed decision!

Edited November 2, 2018 by Carley