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Posted

I have a little (quite a bit) complicated situation.

 

In the summer of 2022 I, a green card holder,  brought my parents to the US via the Uniting for Ukraine program. They were admitted until summer 2024.

My parents are both 70+, don't speak English, and don't drive (we live in a car-dependent area in NY state).

As Humanitarian Parolees, they are eligible for public benefits, such as SNAP, Medicaid, and SSI (about $400 per person).

 

They became eligible to apply for TPS at some point last year, which would allow them to stay in the US until 2025, so I filled out the applications for them and their TPS is currently being processed (wait time is ~ 4 months). However, as far as I know, people with TPS status are not eligible to receive any benefits. Now, less than two weeks ago, USCIS announced that Ukrainians are eligible for re-parole, which will be processed on a case-to-case basis. This will allow Ukrainians to stay in the country until 2026. Which I am going to try to apply them for as well, as there's no end in sight to the war in Ukraine.

 

Here's my conundrum. This year I became a citizen (the whole process took 4 months), so now I can reunite with my parents and apply for a green card for them. As a sponsor, I believe I would have to take full financial responsibility for them so they don't become a "public charge". Unfortunately, my income won't allow for it. I work full time and I have a half-decent job, and I don't receive any public benefits myself. But after paying all essentials, debt, and bills, I am left with nothing. I am studying for a career change, but that might not be able to take off for another few years, so currently, it is what it is. I am wondering if there are any exceptions to situations like this and if there's a way for them to keep their benefits for now.

 

 

Filed: Citizen (apr) Country: Russia
Timeline
Posted
3 minutes ago, makeba said:

Here's my conundrum. This year I became a citizen (the whole process took 4 months), so now I can reunite with my parents and apply for a green card for them. As a sponsor, I believe I would have to take full financial responsibility for them so they don't become a "public charge".

This is a complex situation. I would look into pro bono immigration lawyers who might be able to give you some free advice about what the best path forward is here. 

 

Check out some resources here:

https://www.justice.gov/eoir/list-pro-bono-legal-service-providers

 

You can also look into other immigrant nonprofits in your area/state to see if they can help with navigating U4U/TPS or another path towards staying here. 

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Filed: K-1 Visa Country: Wales
Timeline
Posted

Different categories different benefits

 

Up to them which route they go and obviously benefits change so what may be applicable now may not continue.

 

If they decide to go for a GC then you can use a Joint Sponsor.

“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.”

Posted
2 hours ago, Boiler said:

 

If they decide to go for a GC then you can use a Joint Sponsor.

 

I don't need a joint sponsor, my income is enough to sponsor them. On paper. In reality, it's not enough for me to be able to fully support them, that's why I am curious if there are any exclusions for people who are eligible for a green card based on family, but at the same time eligible for public benefits under another category.

Filed: K-1 Visa Country: Wales
Timeline
Posted
14 minutes ago, makeba said:

 

I don't need a joint sponsor, my income is enough to sponsor them. On paper. In reality, it's not enough for me to be able to fully support them, that's why I am curious if there are any exclusions for people who are eligible for a green card based on family, but at the same time eligible for public benefits under another category.

You have to choose which route you take, with a GC they can enroll in Medicare after 5 years. This is not Burger King.

 

I know that HP comes with a benefit package, I never looked into the details but obviously you have to be on it to benefit from it. 

 

I have seen people use HP  for medical trips, I assumed they get access to Medicaid.

 

I assume HP will come to an end one way or another. So my first thought is what the long term plan is.

“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.”

Filed: Citizen (apr) Country: Russia
Timeline
Posted
22 minutes ago, makeba said:

On paper. In reality, it's not enough for me to be able to fully support them, that's why I am curious if there are any exclusions for people who are eligible for a green card based on family, but at the same time eligible for public benefits under another category.

There are small, private nonprofits all over the country offering services like food pantries and other household items. It might be worth looking into just as a plan B in case their benefits run out (most likely at some point.) 

 

For health care, you can look into purchasing a plan for them via the marketplace + tax credits. The tax credits don't count as a means tested benefit so there's no issue with immigration. Generally speaking healthcare for elderly parents can be an issue due to expense, just something to think about and budget for if they can't get Medicare or SSI anymore. There are some lost cost or "pay based on your income" (aka "sliding scale fees") clinics around if you search for them, but if you're looking for regular, ongoing health care then some kind of insurance will be needed. 

 

 

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Filed: K-1 Visa Country: Wales
Timeline
Posted

A few weeks back I had been on a Costco run, and I guess was complaining how much I spent and the person I was talking to said I should go over the Food Bank, now most of the spend was not food but..

 

Seems there are no checks or anything, just turn up. Operates out of the Senior Center here.

 

From what I can gather with Medicaid the problem is the reimbursement rates so can be difficult to get a Doctor sorted.

 

Other than that is seems much better than Medicaid.

 

I think tax credits depend on how much tax you pay which presumably will relate to their Pensions.

 

“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.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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