Dv 2009 - Aos Only

[masematn]

Food stamps

Interesting question though. Which then prompts another thought

And what do you think about food stamps? I received them for six months some two or three years ago, not for myself (J1 holders are not eligible), but for my US-born kids. Should I then say YES or NO for that public assistance question?

 

[ALU4E]

ALU4E,
I think that would be a "YES" especially if the assistance was income based. e.g. most states, counties and cities offer income-based housing, medical, or energy (elec/gas) assistance. Although they usually do not discriminate based on nationality if you knowingly enroll into such programs then you are receiving public assistance.

Interesting question though. Which then prompts another thought; Do educational college scholarships from a county or state considered public assistance? hmmmmm........

So, do you think this is a good reason for USCIS to deney my AOS case?

 

[raevsky]

I received them for six months some two or three years ago, not for myself (J1 holders are not eligible), but for my US-born kids

What makes you think YOU received them, not the kids?

 

[masematn]

What makes you think YOU received them, not the kids?

I see what you are saying. Yes, the kids received this benefit, not me. At the same time, it was me who applied, who collected all the income related paperwork, who made appointments, who signed papers, and so on. I also consumed a good amount of those benefits Anyway, my name, previous address, and SSN is on the record with them, and it would be very easy to pull it up.
On another note, I recall that my wife received some coupons for food administered by the state, and designed to help pregnant and nursing women with low income. We had them for six months, maybe for a year, then got tired of coming to the office, making all the blood tests, and waiting in the endless lines. My wife will have to submit her own 485 form, so should she tell about those coupons?

 

[dematra]

So, do you think this is a good reason for USCIS to deney my AOS case?

ALU4E,
The thing is, none of us really knows for sure about why some cases are denied. There is an element of luck involved. I don't think they would deny you based on this single issue, especially if you can show that the 'public assistance' days are behind you.

So, all it means is that you've got some explaining to do.

What would I do? Mark it as a "YES" then attach a sheet of paper with my explaination. I would make my story simple, clear and sweet and remember that the question will most probably come up during the interview.

Also: you should check to make sure that at the time you were indeed eligible to enroll in said assistance program and did not break any laws in the processes.

 

[masematn]

So, do you think this is a good reason for USCIS to deney my AOS case?

IMO it is not a good reason at all. They are interested in your current financial state, not in the past. Getting help is not a crime, so why should the care about that?

 

[dematra]

And what do you think about food stamps?.....

masematn,
OK...nutrition assistance programs (a.k.a Food Stamps) *IS* public assistance. Noncitizens are ineligible. I think your case is tricky because even though you never technically recieved the aid, your dependents did.

The question is what to put on the form, "No" or "Yes"? Technically speaking they didn't ask about your dependents. They asked about you. IF you never recieved aid then that a "NO".

 

[dematra]

IMO it is not a good reason at all. They are interested in your current financial state, not in the past. Getting help is not a crime, so why should the care about that?

Masematn,
True, recieving assistance in the past is not a crime (unless you were not eligible for the aid.....he he he) but, it is a good indicator of your likelyhood of becoming a public charge. It's like your credit history - you default on one debt in your past and all future creditors don't trust you with their money.

Remember: I-485 Part III introduction states 'Answering "Yes" does not necessarily mean that you are not entitled to adjust status or register for permanent residence.'

All they will probably want to see is that even though you did get aid in the past you are less likely to require public assistance in the future.

 

[masematn]

recieving assistance in the past [...] is a good indicator of your likelyhood of becoming a public charge

Yes, unless there are some common circumstances, such as college, for example. I don't think it will look wrong in the officer's eyes, when he sees that I did receive assistance as a J1 student back in the school days. Who expects much from the grads?

 

[raevsky]

I see what you are saying. Yes, the kids received this benefit, not me. At the same time, it was me who applied, who collected all the income related paperwork, who made appointments, who signed papers, and so on. I also consumed a good amount of those benefits Anyway, my name, previous address, and SSN is on the record with them, and it would be very easy to pull it up.

The answer probably is No. But it makes sense to say something and provide an explanation. Saying the US citizen dependents were beneficiaries.

On another note, I recall that my wife received some coupons for food administered by the state, and designed to help pregnant and nursing women with low income. We had them for six months, maybe for a year, then got tired of coming to the office, making all the blood tests, and waiting in the endless lines. My wife will have to submit her own 485 form, so should she tell about those coupons?

Here the answer is "yes" on her form. But it still makes sense to provide an explanation. Mention also she was pregnant with a US citizen.

 

[Johnkent]

Stay Off Aos If You Are A Dv 2009 Winner. It Is No Fun Dealing With Uscis.

 

[dematra]

Mention also she was pregnant with a US citizen.

raevsky,
Pregnant with a US citizen?????????? WTF is that!? Not a USC until birth! Dude, you totally cracked me up with that one! Am at work and bored out of my mind.....I needed a laugh! Time to get back to work

It's all in good spirit raevsky .

 

[raevsky]

Not a USC until birth!

But the birth already occurred by now. And the fetus in fact became a US citizen.

So, this is technically a correct statement, in the same terms when a mother says about the child "when I was pregnant with you..."

Mention also she was pregnant with a US citizen.

The fetus was neither a US citizen, nor "you" in that sense. But the statement is still correct, because the fetus became both "you" and US citizen.

 

[matutelandia]

I see that nobody followed the question about "Are educational scholarships (no privates, the ones given by the state) considered public assistance". I'm sure that as in my case, there are many students/former students that received/are receiving scholarships during the F1 status. Any ideas, comments?
Thanks

 

[Ausmatt7]

While adjusting status is ita requirment to have your original visa (in my case F1) proving legal status??

I damaged my passport and needed to get a replacement. They kept the damged passport with the original visa inside of it. I do have have photocopied evidence of the visa.

Does anyone know if this will be an issue??

Much appreciated... as are all comments

 

[masematn]

is it a requirment to have your original visa (in my case F1) proving legal status?

I think it is not the sticker that makes you status legal - it is your I-20. If you are a student in good academic standing, you should not have any problems. My sticker, for example, expired about three years ago...

 

[dematra]

While adjusting status is ita requirment to have your original visa (in my case F1) proving legal status??

I damaged my passport and needed to get a replacement......

I am pretty much in the same boat as you are. I damaged my original passport, had it replaced and kept the old one. I have done CP (F1) and AOS (F1-H1) since then and it has never been a problem. When I applied for a new F1 stamp (my original was ruined) the consular officer asked to see my old visa stamp & old passport since my new passport had a different number than the old one. She stamped "CANCELED WITHOUT PREJUDICE" on the old stamp, updated my USCIS file with the new number and issued a new stamp.

Always hold onto old your passport, wheather its damaged or not.

I think it is not the sticker that makes you status legal - it is your I-20. If you are a student in good academic standing, you should not have any problems. My sticker, for example, expired about three years ago...

masematn is correct! The stamp is just a POE/re-entry document. It's the I-20 that keeps you legal. Plus, I believe the new sevis system does track college enrollment status because they seem to be able to pick up enrollment lapses that your I-20 would not show.

 

[masematn]

the fetus in fact became a US citizen

We slowly moved into domain of humor, I see. Let's put it this way: my wife was pregnant with my son who was granted the US citizenship upon his birth BTW, the citizenship does not play any significant role here, because my non-US wife received her amount of milk, cheese, beans, and other good things just as her US born kids. Also, the state (or whoever was in charge of those coupons) could not be sure that my wife will give birth in the US, and not travel back to her home country, abandoning the US citizenship of her to be born child.

 

[masematn]

it makes sense to say something and provide an explanation

Do you mean to say it at the interview, or to attach a sheet of paper with explanation to I-485?

 

[raevsky]

Do you mean to say it at the interview, or to attach a sheet of paper with explanation to I-485?

Sheet of paper. If a question arises at the interview, say it there too.

Also, the state (or whoever was in charge of those coupons) could not be sure that my wife will give birth in the US

So what? But she did.

I am not saying it is legal to get public assistance for being pregnant with a US citizen child (I do not know that). But if it is legal, then she did nothing wrong because the fetus managed to become a US citizen.