Welfare?

[xiaofeizhu]

Hi All,

 

I went to the welfare office today to see if I could qualify for food stamps or anything like that. I may borderline qualify now that my husband was layed off if my liquid assets are less than $2000. I know that LPRs are not supposed to collect assitance, but the welfare office said it was ok. I do not want to risk it, so does this mean that I only qualify as one person? I am sure my husband's interest will be taken into account even if he does not "claim benefits". (There is a part on the 5,000 page form that includes people in your household who do not want help)

 

Does anyone have experience with welfare benefits? We are living with my parents and he just started a new job that might bring in more than the poverty level, but I would like to get something if I can (I know how terrible that sounds...)

 

Thanks in advance!

[dnoblett]

You the "US Citizen" do qualify for food stamps, however a green-card holder does NOT.

 

The I-864 that is provided by your sponsor obligates the sponsor to pay back the government the cost of means tested benefits that the sponsored green-card holder may use. Food stamps are means tested.

Edited September 14, 2009 by dnoblett (see edit history)

[dnoblett]

You understand my meaning?

 

If US Citizen is the recipient of the benefit (goes to the office and applies), then NO Problem.

 

If green-card holder is recipient of the benefit (goes to the office and applies), then the US Citizen Sponsor is responsible to pay this back.

[warpedbored]

What Dan said but I know of no case where these provisions of the I-864 have ever been enforced. As long as it is you applying for them and not him you won't have any problem.

[Randy W]

Uh - I would look into the possibility of him getting the stamps.

 

If you are responsible to "pay this back", then all they're doing is getting the same money back.

 

"I know that LPRs are not supposed to collect assitance, but the welfare office said it was ok" - did this mean that the welfare office said it would be okay for HIM to apply?

 

http://www.masslegalhelp.org/income-benefi...anent-residents

 

This is Massachusetts, but that says that Food Stamps are a state-level benefit (like unemployment), so yes, he would be eligible.

 

Check into it.

Edited September 14, 2009 by Randy W (see edit history)

[Randy W]

For some boring technical stuff, check here

 

http://www.nilc.org/immspbs/fnutr/foodnutr015.htm - USDA issues guidance on implementation of immigrant food stamp rules

 

I think what it boils down to is that your income is included with his in determining whether he is eligible for Food Stamps

[xiaofeizhu]

Hey everyone, thanks for the replys so far.

 

To clarify, I know that I would qualify (pending income and assets, etc) and I know that the sponsor is supposed to be responsible for the LPR which is why they are not supposed to qualify for the benefits.

 

However, the pamphlet that I received states, "You must be a U.S. citizen. If you are from a foreign country, then you must be a permanent resident."

 

So basically, what Randy is saying is that it is okay to accept "aid" as long as it is not federally funded, right? The welfare office did say that it would be ok for him to apply as long as they could verify his LPR status.

 

Even if I choose not to apply for welfare benefits for my husband (just to be on the safe side) I probably need to claim his income and assets as well, right? Like I said, I never applied for welfare before, but if I can get something, I would like to

 

Any help is welcome and appreciated!

[Randy W]

Hey everyone, thanks for the replys so far.

 

To clarify, I know that I would qualify (pending income and assets, etc) and I know that the sponsor is supposed to be responsible for the LPR which is why they are not supposed to qualify for the benefits.

 

However, the pamphlet that I received states, "You must be a U.S. citizen. If you are from a foreign country, then you must be a permanent resident."

 

So basically, what Randy is saying is that it is okay to accept "aid" as long as it is not federally funded, right? The welfare office did say that it would be ok for him to apply as long as they could verify his LPR status.

 

Even if I choose not to apply for welfare benefits for my husband (just to be on the safe side) I probably need to claim his income and assets as well, right? Like I said, I never applied for welfare before, but if I can get something, I would like to

 

Any help is welcome and appreciated!

 

 

I do believe you're on good footing there.

 

Although state agencies must "request" reimbursement from sponsors where applicable, they are not required to pursue legal action against sponsors. Before requesting reimbursement, state agencies must verify that the immigrant's sponsor is subject to liability (e.g., by determining whether the sponsor signed an enforceable affidavit, whether the immigrant had credit for 40 quarters of work, and whether the sponsor was receiving food stamps while the sponsorship agreement was in effect).

 

It is important to note that the USDA confirmed that state agencies may not keep any portion of the reimbursement for food stamps recouped from sponsors and that sponsor liability actions are not subject to review for quality control errors.

 

Reporting Requirements. The USDA confirmed that state agencies may comply with the food stamp reporting provision by following the guidance on section 404 of the 1996 welfare law, issued by the Depts. of Health and Human Services and Housing and Urban Development, the Social Security Administration, and the INS (65 Fed. Reg. 58,301, Sept. 28, 2000). The requirement applies only to persons applying for benefits and only when the agency "knows" that the applicant is unlawfully in the U.S. According to the interagency guidance, such knowledge is present only when the finding is made as part of a formal determination subject to administrative review and is supported by a determination of the INS or Executive Office of Immigration Review, such as a final order of deportation. There is no requirement that agencies file reports if there is no such finding.

 

Public Charge. The USDA guidance reiterates the INS policy that the use of food stamps is not weighed against an immigrant in the "public charge" decision, and it references various materials on the INS Web site.