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Dv 2009 - Aos Only

So pregnancy leading to a birth of US citizen is not a factor in providing people with coupons for food, that's what I was saying. And more to that, pregnancy is not the only factor, because the program she participated in was created for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five. OK for now, she'll describe it on a separate sheet. Thanks for suggestion!
 
Food stamps is not a public charge benefit. Neither is educational assistance.
9 FAM 40.41 N2.2 Benefits Not Considered "Public
Cash Assistance for Income Maintenance"
(CT:VISA-911; 11-02-2007)
a. There are many forms of U.S. Government assistance that an alien may
have accepted in the past, or that you may reasonably believe an alien
might receive after admission to the United States, that are of a non-cash
and/or supplemental nature. Certain programs are funded with public
funds for the general good, such as public education and child vaccination
programs, etc., and are not considered to be benefits for the purposes of
INA 212(a)(4) (8 U.S.C. 1182(a)(4)). Although the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 prohibits
aliens from receiving many kinds of public benefits, it specifically exempts
several of those indicated below. Neither the past nor possible future
receipt of such non-cash or supplemental assistance may be considered in
determining whether an alien is likely to become a public charge. These
benefits include, but are not limited to:
(1) The Food Stamp Program;
(2) The Medicaid Program (other than payments under Medicaid for
long-term institutional care);
(3) The Child Health Insurance Program (CHIP);
(4) Emergency medical services;
(5) The Women, Infants and Children (WIC) Program;
(6) Other nutrition and food assistance programs;
(7) Other health and medical benefits;
(8) Child-care benefits;
(9) Foster care;
(10) Transportation vouchers;
(11) Job training programs;
(12) Energy assistance, such as the low-income home energy assistance
program (LIHEAP);
(13) Educational assistance, such as Head Start or aid for elementary,
secondary or higher education;
(14) Job training;
(15) In-kind emergency community services, such as soup kitchens and
crisis counseling;
(16) State and local programs that serve the same purposes as the
Federal in-kind programs listed above; and
(17) Any other Federal, State, or local program in which benefits are
paid in-kind, by voucher or by any means other than payment of
cash benefits to the eligible person for income maintenance.
b. In all cases, the underlying nature of the program reveals whether it is
considered a "public charge" (i.e., is the program intended to be a
primary source of cash for income maintenance)? Some programs which
provide cash benefits for special purposes are supplemental and not for
income maintenance. They include such help as transportation or child
care benefits paid in cash, or one-time emergency payments made under
TANF to avoid the need for on-going cash assistance.
c. Cash benefits that have been earned (e.g., social security payments, old
age survivors disability insurance (OASDI), U.S. Government pension
benefits and veterans benefits) are irrelevant to a public charge
determination.
 
Hi folks,

USCIS says that using food stamps and some other benefits will not normally make someone a public charge. See their page on this topic and read the articles. (Click here - it's a link.)

Still, when an USCIS form asks about public assistance, I would mark "yes" and attach a separate sheet listing what type of assistance you received, according to those articles.

Masematn, the circumstances of your application (low income + large family + food stamps) may raise a red flag for the officer, and he or she may examine your application very carefully. So if I were you, I would prepare thoroughly, and perhaps consult a good lawyer.
 
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Food stamps is not a public charge benefit. Neither is educational assistance.

For those of you that might be wondering where raevsky got this interesting bit of information then here it is:

U.S. Department of State Foreign Affairs Manual Volume 9 (2006),
9 FAM 40.41 9 FAM 40.41 [Public Charge] NOTES, page 2-3
Available at: http://www.state.gov/documents/organization/86988.pdf


plus07 might be better supported by:
INS Public Charge Fact Sheet (1999) et al.
Available at: http://www.uscis.gov/files/article/public_cfs.pdf

Thanks to raevsky and plus07 for bringing them to our attention.

Both document are pretty clear about the issue. So, folks take a look ....
 
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Hi folks,

USCIS says that using food stamps and some other benefits will not normally make someone a public charge. See their page on this topic and read the articles. (Click here - it's a link.)

Still, when an USCIS form asks about public assistance, I would mark "yes" and attach a separate sheet listing what type of assistance you received, according to those articles.

Masematn, the circumstances of your application (low income + large family + food stamps) may raise a red flag for the officer, and he or she may examine your application very carefully. So if I were you, I would prepare thoroughly, and perhaps consult a good lawyer.

Why does he need a lawer?
The answer to that question, is "yes" if he recieved an assistance or "no" if he didn't.

My kids are currently receiving foodstamps and having medicaid.
I'll say "yes", based on my income.
Me and those who are in the same boat have no other option.
 
I requested transcripts on 5/13. In addition I'll also get an affidavit just in case.

masematn,
How many years did you request?

I am thinking 4 yrs is enough...but, still debating. I explained to the folks on the 2008 AOS thread about my situation, and they seem to think that I don't need the affidavit. And I kinda tend to agreee with them, so for now, i'll just not worry about it.
 
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Public Charge

The USCIS guidelines clearly say that they dont care about the public assistance that your 'other family members received'.....ie your US citizen kids. So there is no need to say 'yes' and explain, you dont have to. Any 'non cash, non-income maintainance' asistance even for a non-immigrant is NOT a ground for GC denial, it is clear I think. Do not show/explain them what they do not ask !

BTW, do you have to put the details of your US citizen kids in I-485 ? I dont think so. When you apply for the DV lottery you did not put them in, so why now? I'd say do not, and dont take them with you if you are called for interview !! That would make it easy with the income you need to show too.


==============================================
I am an ordinary layman just like you. You may want to dbl,trpl chk the info I've given. If you think I am wrong please post your response to that effect too. Cheers! Dfdo/
 
Early filing & FBI delays

Below I give links to 2 important USCIS memos.


1. New rules in aproving I-485 s stuck for more than 180 days due to FBI name chk delays. (see page 2, 1st para in it)

www.uscis.gov/files/pressrelease/DOC017.PDF

2. Earliest possible day to file an AOS I 485. Chk the Q#11 in it and the response to it.

http://www.uscis.gov/files/nativedocuments/MARCBOQA.pdf

So....my understanding is that those of you with high DV2009 region numbers, file your I485s asap after Oct 1st '08. I would also attach a copy of that memo page (Q#11 and answer to it)

=======================================================
I am an ordinary layman just like you. You may want to dbl,trpl chk the info I've given.
If you think I am wrong please post your response to that effect too.
Cheers! Dfdo/
 
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Something new

Something new we've learnt today: AOS folks don't get a second NL. According to another user (orlandovillas), the second NL is for folks that request CP on DSP-122. Hmmm....interesting!

Only if you return the forms they send in the first package (and ask for CP).
 
Something new we've learnt today: AOS folks don't get a second NL. According to another user (orlandovillas), the second NL is for folks that request CP on DSP-122. Hmmm....interesting!



According to the DV-2008 thread, those who did AOS did receive a second NL (including orlandovillas )

Singh2008, I did not pay my DV fee yet and I got my second letter in about 15 days--look at my signature. Why don't you email KCC and ask when you should expect the second letter to arrive?

I got my second letter (and an email) very shortly after informing KCC I was going to go AOS rather than CP. That was before I sent my payment, so I also suggest you chase them up on this.
 
BTW, do you have to put the details of your US citizen kids in I-485? I dont think so.
Why speculate if there are instructions? Part 3, B clearly says: "List [...] all of your sons and daughters."

When you apply for the DV lottery you did not put them in, so why now?
They are of no interest for the lottery, because they do not need to immigrate. I-485 form is a much more complex document, and it has its own purposes.
 
According to the DV-2008 thread, those who did AOS did receive a second NL (including orlandovillas )


See...after looking through the threads, I tend to suspect that these folks are talking about NOAs or a certain letter from KCC that apparently says that your case has been handed to USCIS. Makes me really curious since I will be moving in a few weeks and I don't want any DV related mail to fall through the cracks (you know how the whole 'change of address' thing works at USPS).

So...if the participants of this thread could try and clarify on which letter is which, I think we would all benefit.
 
You've taken that out of context (probably unintentionally). What I was saying is that you only get a second NL if you send back your forms after receiving the first NL (in the case of CP).

It was in response to someone who claimed to have lost his winning notification so didnt know his CN and hadnt returned his forms.

If you return your forms and are doing CP then you will get a second package at a later date (I believe with interview letter and medical information). I did AOS so not exactly sure what's in the second package.


Something new we've learnt today: AOS folks don't get a second NL. According to another user (orlandovillas), the second NL is for folks that request CP on DSP-122. Hmmm....interesting!
 
orlandovillas,
Gotcha! Sorry about that, I misunderstood your the first reply. Thanks for the clarification orlandovillas. :)



Folks, please ignore my previous post on this issue.
 
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I 485 Early Filing

I think that this issue may have come up for discussion b4;

There are infact 2 USCIS memos on when to file the AOS I-485. Issued by 2 groups in USCIS, just days apart in 2008, and un-suprisingly ;), contradictory to each other!! :confused:

1.www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf

(issued 4-2-08, chk page #2 item II-5)

2. www.uscis.gov/files/nativedocuments/MARCBOQA.pdf

(issued 3-25 and revised 4-3-08, chk Q&A #11)

so, does #2 supercedes # 1 ?? I am not sure :confused:

However, it is a known fact from the past DV s that ppl have been filing AOS well in advance the numbers become current. I personally know a friend who filed in July '05 for DV '06 and went thru smoothly! Also you may have seen ppl's horror stories getting rejected for filing early. I would like to think of it as part luck and part how knowledgable the person who handle the file initially at USCIS.
With the new rule giving remedy for FBI delays >180 days, I think it is safe to file asap after Oct 1st '08, especially if your numbers are high and you would expect them to become current only during last 2 months (Aug/Sept '09). I would for sure attach a copy of the memo #2, Q&A 11, justifying early filing. :)
 
I think that this issue may have come up for discussion b4;

There are infact 2 USCIS memos ....

Dfdo,
This is one of those contentious issues with no clear answer. My advise is to just file when your number becomes current. Carefully weigh your risk tolerance and proceed.

raevsky,
Just out of curiosity, are you a DV2009 or a DV2008 selectee?
 
Neither one. I got my GC via EB-1 category and I've been a US citizen for a while already. However, throughout the last 15 years I have had a number of friends and relatives who immigrated to the US via DV program.
 
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