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care_candidate

Food stamp - Green card denial/deportation

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Husband-wife on H1b in line to get employment based green card. EB-2 India and waiting for PD to become current. It is estimated that it will take at least 5 years from now. We used food stamp for our kid back 10 years ago and it is documented as required in our immigration papers. Is that going to create any issue with our Green card process? Our kid who is H-4 dependent, still minor but he will be 21 year old next year. What is going to happen to him?

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What was your immigration status at that time?

In any case you are worrying too much. The Intelligent omnipotent ruler will be back pedaling from now on and his grand ideas will not come to fruition. Besides any such lunacy will be suitably dealt with by the courts.

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Benefits received before the final rule takes effect are not considered. Not sure what you mean by "food stamp"; nonimmigrants are not generally eligible for SNAP; if you mean something like WIC, that will not be considered under the proposed rule.

If your child turns 21, he will lose H4 status. As for his being able to immigrate as your derivative beneficiary, the age at which he ages out depends on how long the petition was pending. The length of time the petition (I-140) was pending is subtracted from his age.

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I was on student visa. Benefits were similar to WIC for food & nutrition. That particular program is no longer available. I read news that they are starting to deport such foreigners starting October 1 (yesterday). There is lot of confusion and my immigration attorney asked me to wait & see.

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On 10/2/2018 at 9:49 AM, care_candidate said:

I was on student visa. Benefits were similar to WIC for food & nutrition. That particular program is no longer available. I read news that they are starting to deport such foreigners starting October 1 (yesterday). There is lot of confusion and my immigration attorney asked me to wait & see.

Try not going about spreading falsifications.  No one is deporting foreigners for using public aid. The current administration has merely proposed scrutinizing past uses of govt benefits while reviewing immigration adjudications. 

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Nothing about deportations in the original post. 

Nor am I aware of any otherwise legal residents and non criminals being deported for using public aid. 

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You made many false statements in this post:

On 10/2/2018 at 6:49 AM, care_candidate said:

I was on student visa. Benefits were similar to WIC for food & nutrition. That particular program is no longer available. I read news that they are starting to deport such foreigners starting October 1 (yesterday). There is lot of confusion and my immigration attorney asked me to wait & see.

1. WIC is not "no longer available". There have been no changes to WIC eligibility requirements recently.

2. They are not "starting to deport such foreigners starting October 1". They do not currently deport foreigners for using public benefits, and there are no officially announced plans to do so in the future.

You may be confused about a proposed rule announced on September 22, about changing how to determine whether someone is inadmissible for being likely to become a public charge; and, among the things now considered, are certain benefits like Medicaid. 1) This does not deal with deportation; it deals with inadmissibility, which is for people entering the US, or applying for green cards. 2) It does not consider WIC, in the past or future. 3) Even for benefits which are to be considered under the proposed rule (e.g. Medicaid), they will not consider uses of the benefit before the final rule is effective. Right now, the proposed rule hasn't even been published in the Federal Register, after which there will be one or more comment periods, and it is likely at least next year before a final rule is effective.

You may also be confused by a new policy which is starting to be implemented on October 1 for issuing Notices to Appear (NTAs) to certain people whose Extension of Status, Change of Status, or Adjustment of Status applications are denied, and who are unlawfully present after the denial. This has nothing to do with use of public benefits.

 

 

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