Does Food stamp affect N-400

[obajego]

i have a question for a friend who is planning on sending his N400 on monday.

the question is that his wife lied say they are seperated while they were not just to get food stamp and she was approved for $200. at this time my friend traveled to his home country for vacation without knowing. when he came back to USA, the recession and the wife out of job for medical reason things where difficult. his income could not sustain the family so they kept the food stamp. the wife has now gone back to her job and planing on returning the food stamp card to the state by next week. would this have any impact on his N-400 since he is applying based on 3 years marriage rule. my friend name is NOT on the food stamp. never been into trouble with the law, file taxes jontly since they got married. joint account, life insurance, health insurance. can he go ahead and send in his N400 application. thanks guys for ur response.

 

[Al Southner]

i have a question for a friend who is planning on sending his N400 on monday.

the question is that his wife lied say they are seperated while they were not just to get food stamp and she was approved for $200. at this time my friend traveled to his home country for vacation without knowing. when he came back to USA, the recession and the wife out of job for medical reason things where difficult. his income could not sustain the family so they kept the food stamp. the wife has now gone back to her job and planing on returning the food stamp card to the state by next week. would this have any impact on his N-400 since he is applying based on 3 years marriage rule. my friend name is NOT on the food stamp. never been into trouble with the law, file taxes jontly since they got married. joint account, life insurance, health insurance. can he go ahead and send in his N400 application. thanks guys for ur response.

You are a beneficiary of a public welfare. I am puzzled your wife committed this fraud for $200. Since you have never been a public charge, but you received public assistance by default. So, how this is going to affect you is open to interpretation. What is more disconcerting is that she claimed you were separated, which was lying to federal govt to be on public assistance.

 

[obajego]

should he proceed with sending the application or not. Al. and since he was not the actual person that collectted the food stamp. wouls USCIS denied his application? thanks. just curious will USCIS be awear of the food stamp?

 

[WBH]

i have a question for a friend who is planning on sending his N400 on monday.

the question is that his wife lied say they are seperated while they were not just to get food stamp and she was approved for $200. at this time my friend traveled to his home country for vacation without knowing. when he came back to USA, the recession and the wife out of job for medical reason things where difficult. his income could not sustain the family so they kept the food stamp. the wife has now gone back to her job and planing on returning the food stamp card to the state by next week. would this have any impact on his N-400 since he is applying based on 3 years marriage rule. my friend name is NOT on the food stamp. never been into trouble with the law, file taxes jontly since they got married. joint account, life insurance, health insurance. can he go ahead and send in his N400 application. thanks guys for ur response.

Nowhere on N400 is any question asked about such things. Unlike I485
which is "have you ever received public assitance?". N400 ask if you ever lied to get immigration benefits
but I don't think food stamp is an immigration benefits.

Of course there is a question :"Have you commited a crime or offense for which you were not arrested?". If you are that honest,
you can answer Yes if you are not that honest, then you do not answer Yes. USCIS will unlikely know this unless you tell them.

 

[dreaming-flyer]

Nowhere on N400 is any question asked about such things. Unlike I485
which is "have you ever received public assitance?". N400 ask if you ever lied to get immigration benefits
but I don't think food stamp is an immigration benefits.

Of course there is a question :"Have you commited a crime or offense for which you were not arrested?". If you are that honest,
you can answer Yes if you are not that honest, then you do not answer Yes. USCIS will unlikely know this unless you tell them.

Yes,there is no such question as "have you ever received public assitance",But if you think they only know what you tell them,thats wrong.USCIS dont judge you by these 20 mins,they had all the informations before the interview for sue,all they want know is ARE YOU TELLING THE TRUTH?

 

[WBH]

But if you think they only know what you tell them,thats wrong.USCIS dont judge you by these 20 mins,they had all the informations before the interview for sue,all they want know is ARE YOU TELLING THE TRUTH?

I seriously doubt. They received food stamp but were never crminally
pursued by law enforcement so there is no way it is in their FBI FP or
name check report. Food stamp is not reposibility of USCIS or DHS
so USCIS own record will not have it. Don't tell me USCIS go all the way
on their own to all other branches of government They don't have that kind of resources and it is not worth tsuch efforts.

SOmethings USCIS already know. Something they do not know unles you told them. Regarding this particular issue, I believe the later is the case.
I don't mean they should not mention it. If they mention it they should
mention under that "Have you commited a cirme or ofeense for which you
were not arrested?" question. But if they do not mention it, I doubt USCIS will know.

 

[NEWFILER]

I am not at all an expert on this--
But :
1)No where on N400 it doesn't talk about Public charge benefits receipts.True.
2)But as per 1996 IIRIA,the GC holder shall not receive any public benefit within 5 years window of admittance(Not known whether this admittance is for first issuing GC or from a trip outside too).
3)This may reflect under some head on their file?(not known)Otherwise how they will monitor whether some one received PB when applying for CIS or being admitted from a trip outside?
4)By SSN the list may come out too.
Hence better may contact lawyer for an advise I guess .

 

[WBH]

and I also want to add if everyone tell completely truths. Denial rate for citizenship will go up to 90%. if not 100%. If value of 1 cent also count, I doubt in this world there is any one who never steal anything.

 

[WBH]

3)This may reflect under some head on their file?(not known)Otherwise how they will monitor whether some one received PB when applying for CIS or being admitted from a trip outside?

I sinrely doubt. There are many things PRs can not do but I doubt there is a system that monitor PRs behaviors. This is especially true it is the wife
who got the food stamp and it is about the husband's application. So there is no way husband's A file can have this. The husband may have commioted a crime by keeping it and materially benefit from this.

 

[Jackolantern]

2)But as per 1996 IIRIA,the GC holder shall not receive any public benefit within 5 years window of admittance(Not known whether this admittance is for first issuing GC or from a trip outside too).

The US citizen wife is the one who applied for an obtained the food stamps.

 

[guju]

OP's wife filed for the food stamps and lied. OP did not lie or apply for the food stamps. Why would the OP say that he has committed a crime for which he was not arrested? If they continued to collect food stamps after he came back from his trip, it is not his responsibility to correct his wife's mistakes (at least in the eyes of the law, socially he may be responsible). I know it is a fine line, but it is just my thought...

 

[WBH]

The US citizen wife is the one who applied for an obtained the food stamps.

As I said, strictly speaking, the husband knew this and benefited from it too.
So the husband still commited a crime (something similar to one stole moeny and shared with another, then both are crminaly liable).

So the husband should answer Yes to Have you ever commited a crime
for which you were NOT arrested?". But many are mad at that question by asking" what kind of question is that. There is a thread here in the past about this.

If the husband does not disclose it on N400, I don't think USCIS knows or cares.

 

[WBH]

OP's wife filed for the food stamps and lied. OP did not lie or apply for the food stamps. Why would the OP say that he has committed a crime for which he was not arrested? [/

Well they shared communal property so if the wife got $ 200 food stamp
so their jointly own assesst gain $ 200. The husband knowliny kept and benefit from "stolen money"

 

[DreamUSA]

WBH, I have to disagree with you on this one. You are almost concluding guilt by association. The presumption of innocence is paramount in US legal system.

Yes, there is a possibility that US prosecutor /DA can take a case and prove that OP
could have been accomplice in this case and file the charges against both wife and the OP. That event did not take place. No plausible cause relationship has been established and NO charges/claims made by the government.

There could be a question, how much control and understanding OP have over actions of his wife in this situation.

 

[WBH]

WBH, I have to disagree with you on this one. You are almost concluding guilt by association. The presumption of innocence is paramount in US legal system.

Thta is for purpose of conviction. But answer to the question "Have you ever commited a crime or offense for which you were not arrested"
really depends on whether it is a crime or not in theory.

Yes, there is a possibility that US prosecutor /DA can take a case and prove that OP
could have been accomplice in this case and file the charges against both wife and the OP. That event did not take place. No plausible cause relationship has been established and NO charges/claims made by the government.

There could be a question, how much control and understanding OP have over actions of his wife in this situation.

Then my final suggsetion is DO not disclose it and File N 400. If a metero
happens to hit the applicant and USCIS happens to know this and deny his
application, then so be it.

 

[Bobsmyth]

i have a question for a friend who is planning on sending his N400 on monday.

the question is that his wife lied say they are seperated while they were not just to get food stamp and she was approved for $200. at this time my friend traveled to his home country for vacation without knowing. when he came back to USA, the recession and the wife out of job for medical reason things where difficult. his income could not sustain the family so they kept the food stamp. the wife has now gone back to her job and planing on returning the food stamp card to the state by next week. would this have any impact on his N-400 since he is applying based on 3 years marriage rule. my friend name is NOT on the food stamp. never been into trouble with the law, file taxes jontly since they got married. joint account, life insurance, health insurance. can he go ahead and send in his N400 application. thanks guys for ur response.

Seems to me the husband knowingly took part in a scheme to defraud US taxpayers.
By not disclosing it, he risks being denied or later denaturalized if USCIS ever found out about it and decided to pursue the issue. The gamble is his whether he wants to take the risks.

 

[DreamUSA]

WBH
Registered User Join Date: Jan 2009
Posts: 1,711

Quote:
Originally Posted by DreamUSA
WBH, I have to disagree with you on this one. You are almost concluding guilt by association. The presumption of innocence is paramount in US legal system.

Yes, there is a possibility that US prosecutor /DA can take a case and prove that OP
could have been accomplice in this case and file the charges against both wife and the OP. That event did not take place. No plausible cause relationship has been established and NO charges/claims made by the government.

There could be a question, how much control and understanding OP have over actions of his wife in this situation.

Then my final suggsetion is DO not disclose it and File N 400. If a metero
happesn to hit teh applicant and USCIS happens to know thsi and deny his
application, then so be it.




No, that is not what I suggest. His wife should clear food stamp mess (that she started) and come clean with the government via some form of settlement/paying fine, which then OP can reference during interview.

The otherwise, it will be hard to disclose for which no case exists and we are not sure if the government is even going to charge OP in this case.

 

[Bobsmyth]

.. how much control and understanding OP have over actions of his wife in this situation.

The OP mentioned "..his income could not sustain the family so they kept the food stamp.

The husband must have been involved, especially since he said his income could not support them.

 

[WBH]

The gamble is his whether he wants to take the risks.

There is risk with telling this to USCIS and there is risk with not applying any way. 50000 died each year in car accidents in USA plus other accidents and
natural disease like cancer, diabetis stroke an dyou anme it. no one can guarantee one can be happy ever after no matter what.

If bad things happens so be it.

 

[DreamUSA]

if that is a case: the OP has had the direct involment and control, he should convince his wife to get this matter cleared with the government before filing any papers with USCIS.

The otherwise, i agree this is a gamble and not the sign of Good Moral Character (required qualification for N-400 application)