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If I apply for food stamps or cash aid for me & my child, will it affect my husband’s immigration progress?

Oakdale, CA |

My husband is in Mexico right now. He had his first appointment with immigration on November 1. They approved and he qualified for the pardon. He has to go to his second appointment with immigration on December 28. He is applying for a green card (legal resident).

We did the affidavit of support packet a while back before he went to Mexico. My grandpa signed to sponsor him. I was told that the purpose of that was to make sure that we would not be a burden on the state if he gets his green card.

Does this mean that my child and I cannot or should not get food stamps or cash aid? Will this affect my husband’s immigration process in any way? If my grandpa, who signed for him, got food stamps or cash aid, would that also affect his immigration process? Please be very specific and detailed in answering. Thank you.

Attorney Answers 4

  1. Assuming you and your children are US citizens, you are entitled to any government benefits that you qualify for. It will not negatively affect your husband's case. Hopefully, a well-prepared waiver application is filed on December 28. Good luck.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

  2. Any permanent resident is not a qualifying LPR for Food stamps or other welfare type benefits for 5 years after they arrive in the US under the Federal Public Heath Law. Your ability to obtain food stamps, SNAP benefits, and cash aid for you and your child is not limited, and it is meant for US Citizens in need. The only effect may be on the ability for you to act as his financial sponsor. Also, once you get food stamps, you can attempt to obtain fee waivers based on the fact that you receive such benefits.

    I manage the Florida statewide farmworker program and many of our clients are LPRs or are sponsoring LPRs. The drop in the economy and the rise in poverty means we are helping many throughout the state get food stamps and SNAP cash benefits.

    Good luck.

    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. A specific and detailed answer would require you to make an appointment with an immigration lawyer and discuss the case in the lawyer's office. This forum cannot take the place of a full consultation in a lawyer's office.

    That being said, YOU had to submit an affidavit of support as your husband's petitioner. If your grandfather also filed an affidavit of support, it was probably because you did not have sufficient financial resources to support your husband. Receiving public assistance may indicate a greater inability on your part to support your husband.

    Please go see an experienced immigration attorney. If you cannot afford one, there are many social service agencies which could offer assistance for little or no cost. Look into them.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

  4. I agree with my colleagues, they have provided you with excellent answers.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.

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