Can having welfare affect my husband's cancellation of removal? 7 Answers as of October 27, 2011

Generally, non-residents/citizens and legal permanent residents (green card holders) should not benefit from government assistance. However, certain exceptions apply, and if the assistance was primarily for the U.S. born spouse/children then explain in those terms. But I strongly recommend that you consult with an attorney because such issues could be grounds to find lacking of good character.

If you receive public assistance it will not affect your husband's case.

Receiving welfare is always a negative point in immigration issues. If he is authorized to work and is working, there should be no need for welfare. But if he is not authorized to work and you are expecting to stop receiving help as soon as he becomes legal, that may be explained to the court.

A judge may consider your receiving welfare as a negative factor in your husband's cancellation of removal case, as a matter of discretion.

It can. In a cancellation case, the immigration judge determines if the individual is deserving to stay in the US. If the spouse is on welfare, this can be a factor but it can be explained.

It depends upon the basis for which your family received benefits. As long as your husband did not receive the benefits and your family lawfully applied for the benefits, it should not be an issue. It must be disclosed on the application, if asked. You will also need to explain why the benefits were needed and provide proof of what benefits were received. It is very important that you discuss your matter in detail with an immigration attorney in person. This can become an issue depending upon the unique factors.

Generally speaking it will not, but there may be a question about your ability to petition for him if that is part of the ground of relief. You should consult with an experienced immigration attorney to review his case.