Can I apply for welfare if my i751 is still pending? 2 Answers as of April 20, 2011

My husband got hurt at work. He is going to court to get his benefits in 3 month. Can we apply for food stamps and rent help if my i751 still pending?

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Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Food stamps and housing benefit are not considered to be a public charge - so you are ok to claim these.
Answer Applies to: Florida
Replied: 4/20/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you can but I would not. Remember that if the US government somehow finds out that the immigrated spouse has become a public charge, it may ask you to repay that money back at any time. If you had a joint-sponsor participate in the initial application, now is the time for him or her to step in and help support the immigrant spouse as they promised. They to may be asked to repay any money the immigrant spouse receives from the feds. I am not aware that there is any requirement to officially re-visit the I-864 AOS support, but adjudicators often get information on you before they interview you. Now, USCIS adjudicators have near direct access to many other federal and state agencies information so that it is not far-fetched to imagine that they might come upon this information as well. Good luck!
Answer Applies to: California
Replied: 4/20/2011
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