Food stamp is a public charge ?

[debbiedoo 2,339]

1 minute ago, Tasiedu08 said:

That doesnt make it false that means something else caused the denial. If you meet the poverty guidelines they can not deny you for that reason. There are other factors that are in play to cause that denial. 

They can deny for pretty much any reason, within parameters. INCLUDING concerns about being a public charge. Anyone on already on public assistance is at a higher risk for needing it and needing it for their spouse. The CO looks at the totality of the situation and can approve or deny based on their individual circumstances.

 

I don't know how many different ways we can say that.

[geowrian 22,337]

8 minutes ago, Tasiedu08 said:

That doesnt make it false that means something else caused the denial. If you meet the poverty guidelines they can not deny you for that reason. There are other factors that are in play to cause that denial. 

No, they were refused under INA 212(a)(4). This is the public charge concern.

Poverty guidelines are only a minimum to qualify for consideration.

 

Edit: I suggest doing some searches on VJ. You will find plenty of people denied who made above the bare minimums and needed a qualifying co sponsor or joint sponsor. There are many to be found. If you are unable to find them, I can point you at a few.

Edited November 26, 2018 by geowrian

[Jesus is Love 40]

🤸‍♀️

[Jesus is Love 40]

If you have time to do that you have way too much time on your hands. Pointing out specific cases doesn't help anything because each case is unique as well as the embassy it is handled at. As I stated before be honest and be sure to submit enough evidence and support. No one knows how or what they will ultimately decide but as long as you do all you can you can relax in knowing you've done it all. 

I suggest you guys stop tearing ppl down and speaking down to people who are simply looking for answers keep personal opinions to yourself. 

[geowrian 22,337]

I've got way too much time on my hands...otherwise I would have stopped using the site after my wife's approvals. I choose to spend my time helping others here.

 

No judgements being made....just correcting false information (i.e. "If you meet the poverty guidelines they can not deny you for that reason.").

[TM92 527]

2 minutes ago, Tasiedu08 said:

As I stated before be honest and be sure to submit enough evidence and support. No one knows how or what they will ultimately decide but as long as you do all you can you can relax in knowing you've done it all.

You also said the following:

16 minutes ago, Tasiedu08 said:

If you meet the poverty guidelines they can not deny you for that reason.

[TM92 527]

4 minutes ago, geowrian said:

I choose to spend my time helping others here.

Thanks @geowrian. Your vast knowledge is invaluable.

[Jesus is Love 40]

For not meeting the guideline yes......look into the difference in Food Stamps aka SNAP and actual cash assistance they are not considered the same. 

 

 

Below are the list of items that can place you on that list:

 

• Supplemental Security Income (SSI) under Title XVI of Social Security Act
• Temporary Assistance for Needy Families (TANF) cash assistance (part A of Title IV of the Social Security Act--the successor to the AFDC program) (Note: Non cash benefits under TANF such as subsidized child care or transit subsidies cannot be considered and non-recurrent cash payments for crisis situations cannot be considered for evidence of public charge)
• State and local cash assistance programs that provide benefits for income maintenance (often called "General Assistance" programs)
• Programs (including Medicaid) supporting individuals who are institutionalized for long-term care (e.g., in a nursing home or mental health institution). (Note: costs of incarceration for prison are not considered for public charge determinations)

[Jesus is Love 40]

6 minutes ago, geowrian said:

I've got way too much time on my hands...otherwise I would have stopped using the site after my wife's approvals. I choose to spend my time helping others here.

 

No judgements being made....just correcting false information (i.e. "If you meet the poverty guidelines they can not deny you for that reason.").

The initial statement wasn't even towards you and that is great that you have the time but also make sure you are correct as well Food Stamps is not considered a public charge and if someone was denied for this reason then I would definitely take it to the next step. There are way more factors in play. This process is not black and white as you are more then aware of because you spend so much time here. Food stamps is not a specific red flag yes it could sway someone but to give this couple some good news instead of throwing them directly into a panic I suggested just to send in as much as possible and proceed from there. I have to get back to my actual job tho. It was nice to see the other side of things hope those individuals didn't give up without a fight in their cases. 

[Jesus is Love 40]

What publicly funded benefits may not be considered for public charge purposes?

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care
• Children's Health Insurance Program (CHIP)
• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
• Housing benefits
• Child care services
• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
• Emergency disaster relief
• Foster care and adoption assistance
• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
• Job training programs
• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

 

Here is another list just in case  @Cheridane123

check out the USCIS website for a pages of information on this topic 

[Unlockable 7,314]

32 minutes ago, Tasiedu08 said:

That doesnt make it false that means something else caused the denial. If you meet the poverty guidelines they can not deny you for that reason. There are other factors that are in play to cause that denial. 

Actually, people can meet the financial requirements and still be denied. In fact, there are a few cases reported on this site of it happening. Like @geowrian stated, it is determined by the CO who looks at the totality of circumstances. It is not a "all boxes check" so you are approved.

 

For example, if a person makes $30K but has only been at a job for 1 month, the CO may deem that the amount of time at that job is not sufficient.

[debbiedoo 2,339]

oh my lord.

 

fine do what you want and dont listen to those that have far more experience.

 

but dont come crying when something goes wrong asking for help from members who .... know more and have more experience and have seen a broader range of scenarios and situations.

 

 

[Ketsuban 1,034]

If you have no other way to currently get food then stay on them. It's not a guaranteed denial and you wasting away helps no one. If you can cut back on anything to free up cash for food then do it. 

[Jesus is Love 40]

4 minutes ago, NuestraUnion said:

Actually, people can meet the financial requirements and still be denied. In fact, there are a few cases reported on this site of it happening. Like @geowrian stated, it is determined by the CO who looks at the totality of circumstances. It is not a "all boxes check" so you are approved.

 

For example, if a person makes $30K but has only been at a job for 1 month, the CO may deem that the amount of time at that job is not sufficient.

No one said they couldn't. 

[geowrian 22,337]

3 minutes ago, Tasiedu08 said:

The initial statement wasn't even towards you and that is great that you have the time but also make sure you are correct as well Food Stamps is not considered a public charge and if someone was denied for this reason then I would definitely take it to the next step. There are way more factors in play. This process is not black and white as you are more then aware of because you spend so much time here. Food stamps is not a specific red flag yes it could sway someone but to give this couple some good news instead of throwing them directly into a panic I suggested just to send in as much as possible and proceed from there.

Correct in that there are a lot of moving parts in play. I stated that food stamps by the primary sponsor may or may not actually impact the result. The CO makes a decision based on the totality of the circumstances.

Good news is fine. Experiences of being approved in similar circumstances is great. But what was stated crossed into false information, which doesn't help anybody either.

 

8 minutes ago, Tasiedu08 said:

For not meeting the guideline yes......look into the difference in Food Stamps aka SNAP and actual cash assistance they are not considered the same.

 

Below are the list of items that can place you on that list:

• Supplemental Security Income (SSI) under Title XVI of Social Security Act
• Temporary Assistance for Needy Families (TANF) cash assistance (part A of Title IV of the Social Security Act--the successor to the AFDC program) (Note: Non cash benefits under TANF such as subsidized child care or transit subsidies cannot be considered and non-recurrent cash payments for crisis situations cannot be considered for evidence of public charge)
• State and local cash assistance programs that provide benefits for income maintenance (often called "General Assistance" programs)
• Programs (including Medicaid) supporting individuals who are institutionalized for long-term care (e.g., in a nursing home or mental health institution). (Note: costs of incarceration for prison are not considered for public charge determinations)

 

https://www.uscis.gov/i-864p

"Means-Tested Public Benefits

Federal Means-Tested Public Benefits: To date, federal agencies administering benefit programs have determined that federal means-tested public benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP)."

There is also an exception for certain specific programs, such as those involving children and such (i.e. CHIP, WIC, etc.), as you subsequently noted above. But in general, the beneficiary needing to go on food stamps would be considered a public charge. The petitioner using them may be a factor in the consideration if the beneficiary may require similar assistance.