What do you do if you become homeless?
- Thread starter boosman
- Start date
GCDreamer2000
Registered Users (C)
Sounds like a question AmericanWannabe would ask!
AmericanWannabe
Registered Users (C)
I asked this question one year ago but on different respect,
i.e., to keep you green card, you need to have a home in the
USA. If you are homeless, you violate that requirement.
You can also be deported on the public charge inadmissibility
grounds.
In a criminal trial, a judge ruled that a tent (assuming
setting it up is legal) meets the definition of home for the prevention of illegal search purpose. Don't know if a tent
meet the definition of home for green card purpose. If yes,
set up a small tent in your friends's backyard and
report that addfress on your AR-11.
i.e., to keep you green card, you need to have a home in the
USA. If you are homeless, you violate that requirement.
You can also be deported on the public charge inadmissibility
grounds.
In a criminal trial, a judge ruled that a tent (assuming
setting it up is legal) meets the definition of home for the prevention of illegal search purpose. Don't know if a tent
meet the definition of home for green card purpose. If yes,
set up a small tent in your friends's backyard and
report that addfress on your AR-11.
Hey AW,
Seems to me that you take a lot interest in law. Are you sure you dont want to become a lawyer?
If you dont mind, can you send me a link to INS web site or anything that says that being homeless is grounds for deportation for a GC holder. I would appreciate that very much.
B'Man
Seems to me that you take a lot interest in law. Are you sure you dont want to become a lawyer?
If you dont mind, can you send me a link to INS web site or anything that says that being homeless is grounds for deportation for a GC holder. I would appreciate that very much.
B'Man
AmericanWannabe
Registered Users (C)
In Pennsykvania, republicans and democracts are debating
about a law that rewuires voters to have a ID (Driver's
license or state ID) to vote. The oponents says it cost
a homeless guy 20 dollars to get a ID and therefore thst
is equivalent to asking any ordinady guy to pay $500-2000
in order to vote.
I wonder: if a homeless guy wants to spend $ 20 on
a state ID, would the DMV give him one if he has no
address.
about a law that rewuires voters to have a ID (Driver's
license or state ID) to vote. The oponents says it cost
a homeless guy 20 dollars to get a ID and therefore thst
is equivalent to asking any ordinady guy to pay $500-2000
in order to vote.
I wonder: if a homeless guy wants to spend $ 20 on
a state ID, would the DMV give him one if he has no
address.
AmericanWannabe
Registered Users (C)
"(5) Public charge.-Any alien who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry is deportable. "
Does it mean after 5 years of entry (I-485 approval date).
one can safely become a public charge?
Does it mean after 5 years of entry (I-485 approval date).
one can safely become a public charge?
I have found this
Prudent restrictions on providing welfare to recent immigrants long has been part of the American tradition. Becoming a charge was grounds for deportation in the
Massachusetts Bay colony even before the American Revolution. America's first immigration law, passed by Congress in 1882, instructed immigration officials to deport
any person who, in their opinion, might become a public charge. Today, the Immigration and Nationality Act declares unequivocally: "any alien who, within five years
after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable." The problem is that this provision of
the law is ignored.
... on a clearly anti-immigrant paper. Found with Google on a cached page.
And I found this on a pro-immigrant page.
http://www.nilc.org/immlawpolicy/pubchg/pubchgspcl.htm
"In sum, only if an immigrant receives a cash benefit for income-maintenance within five years of entry or is institutionalized for long-term care (despite the eligibility limitations), there is a demand for repayment by the benefit-granting agency, and the sponsor or other responsible party fails to repay, can the immigrant become deportable as a public charge. Moreover, even in this case, the alien must be given an opportunity to prove that he or she became a public charge for causes that arose after entry. For these reasons, the INS does not anticipate any significant increase in cases of deportability on public charge grounds resulting from the new enforceable affidavits of support."
Prudent restrictions on providing welfare to recent immigrants long has been part of the American tradition. Becoming a charge was grounds for deportation in the
Massachusetts Bay colony even before the American Revolution. America's first immigration law, passed by Congress in 1882, instructed immigration officials to deport
any person who, in their opinion, might become a public charge. Today, the Immigration and Nationality Act declares unequivocally: "any alien who, within five years
after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable." The problem is that this provision of
the law is ignored.
... on a clearly anti-immigrant paper. Found with Google on a cached page.
And I found this on a pro-immigrant page.
http://www.nilc.org/immlawpolicy/pubchg/pubchgspcl.htm
"In sum, only if an immigrant receives a cash benefit for income-maintenance within five years of entry or is institutionalized for long-term care (despite the eligibility limitations), there is a demand for repayment by the benefit-granting agency, and the sponsor or other responsible party fails to repay, can the immigrant become deportable as a public charge. Moreover, even in this case, the alien must be given an opportunity to prove that he or she became a public charge for causes that arose after entry. For these reasons, the INS does not anticipate any significant increase in cases of deportability on public charge grounds resulting from the new enforceable affidavits of support."
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AmericanWannabe
Registered Users (C)
That is the definition of a public charge for deportation
purpose. But when you seek admission after you
stay abroad for >6 months, you may subject yourself
to inadmissibility check, for which the definition of
a public charge may be wider than that of deportation
even though they may be identical in theory.
For deportatiom, you may be entitled to hearing,
but at POE, you can be denied entry and you
can not go to court because you are not shut
outside.
Even if we only consider cash-benefit, For inadmissibility,
you are considered inadmisisble if you are likely to become a public charge. You don't have to have already received
cash. Likely hood itself alone is enough for the INS
to deny your entry and being homeless once indicate likelyhood.
That is why there is advantage for being an immigrant
who get GC as derivative applicant. The primary applicant
signed Affidavit of Support for them. So when they
are to become homeless, they can always turn to
primary applicant for money and use Affidavit of Support
as leverage. At least that is valid for 3 years
purpose. But when you seek admission after you
stay abroad for >6 months, you may subject yourself
to inadmissibility check, for which the definition of
a public charge may be wider than that of deportation
even though they may be identical in theory.
For deportatiom, you may be entitled to hearing,
but at POE, you can be denied entry and you
can not go to court because you are not shut
outside.
Even if we only consider cash-benefit, For inadmissibility,
you are considered inadmisisble if you are likely to become a public charge. You don't have to have already received
cash. Likely hood itself alone is enough for the INS
to deny your entry and being homeless once indicate likelyhood.
That is why there is advantage for being an immigrant
who get GC as derivative applicant. The primary applicant
signed Affidavit of Support for them. So when they
are to become homeless, they can always turn to
primary applicant for money and use Affidavit of Support
as leverage. At least that is valid for 3 years
AmericanWannabe
Registered Users (C)
I belive that you don't violate INA 266 (8 USC 1305) if you
file AR-11 and write down in the present address: "I am
homeless and no actual adress but basically I sleep
in NYC street, subway etc".
file AR-11 and write down in the present address: "I am
homeless and no actual adress but basically I sleep
in NYC street, subway etc".
SSI question
Hi, I have a question about public burden.
Can parent apply for social security for their disabled child if the child is born American and parents are green card holder? Is it going to regarded as public burden? Is it going to affect the parents' becoming citizen later?
Thanks.
Hi, I have a question about public burden.
Can parent apply for social security for their disabled child if the child is born American and parents are green card holder? Is it going to regarded as public burden? Is it going to affect the parents' becoming citizen later?
Thanks.