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i immigrated to USA by spousal immigrant for over a year. my husband is US citizen and my sponsor.his income is exceptional low. can i apply or food stamp for myself to help our expenses? i am studying in college and have part time job.

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Attorney answers 3


The federal food stamps program is considered a means-tested benefit that is subject to the I-864 affidavit of support (state programs may or may not be, depending on the state). You can apply for food stamps, but if the program falls under the obligations of the I-864 affidavit of support, then the government can seek reimbursement from your husband.


I agree with my colleague - the government can seek reimbursement for most government assistance paid to you from your husband and/or any joint sponsor who also completed an I-864 Affidavit of Support for you. So, it ultimately wouldn't help your family much to take this aid.

There are only a few types of assistance for which reimbursement isn't sought from the U.S. spouse signing the I-864:

1) Emergency Medicaid,
2) Short-term, non-cash emergency relief;
3) Services provided under the National School Lunch and Child Nutrition Acts;
4) Immunizations and testing and treatment for communicable diseases;
5) Means-tested programs under the Elementary and Secondary Education Act.


Do you have a green card? If so, you may apply for benefits to help you temporarily through this difficult economic time. As noted, be aware that it is a possibility that the government could seek reimbursement later on.

For more information, contact our Immigration Law Firm for a confidential consultation.

Good luck to you.

Immigration Legal Team
Bogle & Chang, LLC
Phone: (800) 342-1733 ext. 101

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