QUESTION
Would my petition for my 4-year old son be denied by USCIS once I file his papers since I was getting welfare assistance?
Asked on Dec 23rd, 2012 on Immigration - New York
More details to this question:
I just moved to a new state with my 4-year old son. I am still trying to find a job. In the process, I applied for food stamps, childcare subsidy and medical assistance not knowing they were considered welfare assistance. I am a permanent resident, but my son is not.
4 ANSWERS
It will be about 2-3 years for the visa number to become available for your son to get his immigrant visa or green card. It is at that time that you will be asked to provide financial information and sign the affidavit of support. If your income is insufficient, you will need to get a joint sponsor to sign the affidavit of support on your son's behalf.
Answered on Dec 30th, 2012 at 6:22 AM
Rebecca T White
You need to discuss this with the office that granted the aid, and be sure that you are not responsible for paying back any assistance you received. Most states have very clear charts outlining what is available to green card holders vs citizens, and in no state would someone without either a green card or citizenship going to be eligible for assistance.
Answered on Dec 30th, 2012 at 6:21 AM
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Welfare assistance would not necessarily result in a denial. You might have to have a co-sponsor for the child.
Answered on Dec 27th, 2012 at 12:33 PM
Adebola O. Asekun
Your I-130 petition for your son cannot be denied on this basis. But the fact that as petitioner, you received welfare may raise public charge concerns that your son, if given a green card may end up on welfare. You can overcome this charge if you can find someone to act as Co-Sponsor to join you in filing a Form I-864 Affidavit of Support.
Answered on Dec 27th, 2012 at 12:30 PM