Will applying for foodstamps affect my husbands uscis case? I am the petitioner and we have a sponser.
4 attorney answers
I do not agree with my colleges. USCIS instructions are very straightforward concerning requirements to affidavit of support. Joint sponsor is the person who is willing to be held JOINTLY liable WITH the petitioner for the support of intending immigrant. Even if joint sponsor submits an affidavit of support for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored alien along with the joint sponsor.
Your obligation to support the husband you are sponsoring in this affidavit of support will continue until he becomes the US citizen. As long as your husband does not resort to means-tested public benefits, the government could not seek to enforce the Affidavit of Support and therefore there would be little chance that the Social Security Administration would deduct any monies from your paycheck and paycheck of Joint Sponsor.
Can you apply for food stamps? Theoretically yes, you can. Receipt of food stamps does not disqualify you from being a sponsor. However, it can not be accepted as an income for the purposes of meeting the income requirements. But since you are married couple there is a chance that husband will contribute from food stamps. Therefore, government can consider this scenario as immigrant's indirect attempt to apply for food stamps. I would not recommend you to apply for food stamps until your husband naturalizes in the US. Wish you luck.
No, it will not affect your husband case if you have a joint sponsor.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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No if you ... and only you ... get and use food stamps, it won't impact things.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Not in and of itself, but there are several potential issues where you do not give enough facts to hash out. You can visit the attached link for immigration information and remedies under the new Executive Action.