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I'm a USA citizen and my boyfriend is in jail and immigration detainee. If I apply for food stamp would that affect him to stay

Hackensack, NJ |

He has a criminal case he drove without a license and the car had no registered or insurance and he has it a a DUI and forge license plate which was the plates from my other car. He is in jail and also as an immigration detainee. I have a lawyer but I want to know if I apply for food stamps will this affect him in the process to stay here in USA. He also was caught in taxes and a member bail him out so he had a case from 2001.

Attorney Answers 4


  1. It will not directly affect him, but possibly indirectly. If you have a lawyer, you should consult him first. Good luck to you.

    *IMPORTANT: Do not rely on Attorney Murray's response as the information provided on this website is NOT legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. Attorney Murray's response does NOT create an attorney-client relationship. If you have any specific questions concerning a legal issue, you should consult a lawyer. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on a Q&A website such as Avvo. Attorney Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted on Avvo are intended as general information for the education of the public, and not for any specific individual. New Jersey residents: NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. The selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  2. Food stamp benefits is not included in the list of benefits that effects future claims. In reality, food stamps as a means test benefits qualifies the person under category 1 of the I-912 fee waiver.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  3. You applying for food stamps will not really impact his case. But you certainly need to hire an immigration lawyer fast, because if he had a case in 2001, than most likely he has a final order of removal, and since he now has ICE detainer, he will not be eligible to see the immigration judge, and will be removed.

    www.GintareLaw.com. Contact lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  4. Do you have a criminal defense lawyer or an immigration lawyer? you need both. And that is the person you need to speak with. Food stamps will not directly affect him, but it will affect him if there is a way for you to sponsor him for a green card. Since that seems distant and unlikely, if you need food stamps, you shouldn't refrain based on this.

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