food stamps and public benefits

[letmeloveher 1]

I came on a tourist visa - we got married - filled for spouse visa (AOS) -- approved for green card and AOS (work and travel authorization) -- recieved temporary green card (and social#) since we are married less than 3 years.

We have our interview with USCIS in US next year for permenant green card approval. We are having a child soon (God willing Dec) and my husband (US citizen) lost his job and we need the insurance and food stamps.

Will it hurt me/us in the interview if I get on welfare public benefits for food stamps?

**I heard if an immgrant gets on these it will have negative consequences.

Please share any resources and citing any laws not just your opinion is best.

Thanks!!

[letmeloveher 1]

1. Public charge inadmissibility and deportability grounds.
The INA 212(a)(4) public charge ground of inadmissibility applies at the time of your AOS application, not now that you're already a permanent resident. Receipt of public benefits will have no effect on your I-751 or your naturalization.

A corresponding ground of deportability exists, INA 237(a)(5), but is almost never charged and, if ICE hypothetically tried to charge you with it, you would win because you "became a public charge" from causes arising after entry. (Plus, you only become a "public charge" if you get cash assistance. Food stamps don't make you a public charge.)

 

2. Eligibility for public benefits.
A permanent resident is eligible to receive public benefits if they became a permanent residents more than 5 years ago (but a select few of them don't have to wait 5 years). See 8 USC 1641(b)(1) and 8 USC 1613(a). This means that you might not eligible for welfare, but your citizen spouse and child still are. Your status will have no effect on their eligibility for benefits.

[letmeloveher 1]

If you qualify for insurance or food stamp benefits, it does not count as public charge for immigration purposes and does not affect future immigration procedures. This was different under rules introduced by the Trump administration, but those got reversed.

 

You probably don't qualify for these benefits anyway as a recently arrived LPR. No other government benefits currently have those consequences under current rules, and many of them will also require you to have been living in the US for 5 years first in order to qualify for the benefit, with certain exceptions depending on which benefit + which state + your exact circumstances.

If you want a source: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources