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My son married a girl from brazil, here illegally. they have a daughter and have relocated to fla. can she apply for food stamps

Port Saint Lucie, FL |

until my son finds a job and home? (they're staying with us until then)

Attorney Answers 3

Posted

She cannot, no, but he can, especially with his daughter. He is a citizen, so he can apply, and his daughter is a citizen too. She needs to get an immigration lawyer and apply for an adjustment of status with an alien relative petition. There is a new law that could mean she would only need to leave the country for about two weeks for a consular adjustment. They need to talk to an immigration attorney. But he needs to be able to support her first.

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Heather Morcroft

Heather Morcroft

Posted

Or you need to agree to use your income to help him qualify as her sponsor.

Posted

DO NOT LEAVE THE COUNTRY. To my knowledge, she need not divulge her immigration status to obtain food stamps for her child.

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9 comments

Heather Morcroft

Heather Morcroft

Posted

They will ask her for things like her social security number etc, which she will not have. Without those indicia of citizenship, she will not qualify for any public benefits including get food stamps. But her child can and the dad can.

Heather Morcroft

Heather Morcroft

Posted

Even with a green card, she would have to wait five years to qualify, unless she had certain special status, I believe Cuban is one of them.

Heather Morcroft

Heather Morcroft

Posted

And I did not mean leave the country voluntarily now, I meant as part of the readjustment process when they apply for her as an alien relative ONCE she gets an immigration lawyer who explains how to do that.

John Grayson Davidson

John Grayson Davidson

Posted

Very confusing answer regarding leaving the country. If she were to misunderstand, like I obviously did, she would be subject to a 10 year bar, as you know. Furthermore, the new law you're talking about-- do you mean being paroled into the country after applying for a travel document? Her chances of obtaining a travel document are slim to none. The Nebraska Service Center is notorious for refusing these for applicants in her situation. If you mean trying for an Emergency Advance Parole document to avoid Nebraska, and put her fate in the hands of the local office, it depends upon the officer in charge of granting those requests. Here in Los Angeles, the officer is pretty fair if one has the requisite proof. I hope I understood this time. Regarding your food stamp comment, I definitely read that illegal immigrants can obtain food stamps for the family. Perhaps the sources were wrong.

Heather Morcroft

Heather Morcroft

Posted

My immigration knowledge is limited mostly to foster kids, I do a lot of special immigrant juvenile work. That's why I know about the food stamps. And it may be different in CA - you all are much nicer to needy people out there than we are here in Florida!! So even though it's a federally based program, if you have a different waiver than Florida does, you may do it differently. I did not mean to be confusing about leaving the country, I felt really badly about that. My understanding is that the new law allows, or will allow, for an alien relative to leave only for a short period of time to do the consular adjustment, not to have to leave for ten years. It is something I just heard about the other day, and do not have all the details on, so I certainly wouldn't be advising anyone on it!!

John Grayson Davidson

John Grayson Davidson

Posted

Sounds like you do some very valuable work. If I ever have a foster child case, I will certainly contact you!

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Mr. Davidson is correct. Child is a USC and is definitely eligible if the household income makes him or her so.

Heather Morcroft

Heather Morcroft

Posted

Oh, I agree absolutely that the child is. It's mom that I don't think is.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Mom is definitely not eligible. No state, even as crazy as California, would allow that. It is also not advisable for her to even try, in my humble opinion, as it will create HUGE problems in her future attempts to legalize, if she was approved by an error or negligence of the worker.

Posted

Food stamp is a state program and I have yet to see a state which allowed people without valid immigrant status to apply. Even LPRs are not eligible in most circumstances.

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