In process for Visa U, can start a I-130 via child?

Mtgb10312

New Member
Hi, I currently have a Visa U in process and I received my work permit back in Sep 2021. I contacted my lawyer (abused women and children's facilty) to ask if I can start a I-130 process since my daughter turned 21 in Oct 2021, she told me she could not advice me in that matter. So I was wondering if I can start the process because I'm nervous that I have been receiving food stamps since my husband and I separated and was struggling financially. I do know that the president removed the "public charge rule" but I'm still nervous about it.
Any advice would be very much appreciated.
Thank you.
 
Of course your daughter can file an I-130 petition for you if she is a US citizen and has turned 21; the I-130 is only about the validity of the relationship, it has nothing to do with whether you are in the US or your status in the US or whether you have bans or not.

I think what you really want to know is whether you can do Adjustment of Status (I-485) to get a green card from within the US. Did you enter the US legally? If so, I think you are probably eligible.

Non-cash benefits are not considered for public charge determinations under current rules. However, on what basis did you qualify for "food stamps"? (Are you using the correct terminology?) I don't think that U visa applicants, or even people who have received U status, are generally eligible for food stamps.
 
Of course your daughter can file an I-130 petition for you if she is a US citizen and has turned 21; the I-130 is only about the validity of the relationship, it has nothing to do with whether you are in the US or your status in the US or whether you have bans or not.

I think what you really want to know is whether you can do Adjustment of Status (I-485) to get a green card from within the US. Did you enter the US legally? If so, I think you are probably eligible.

Non-cash benefits are not considered for public charge determinations under current rules. However, on what basis did you qualify for "food stamps"? (Are you using the correct terminology?) I don't think that U visa applicants, or even people who have received U status, are generally eligible for food stamps.
Hi,
Thank you for responding.
I did not enter legally, I was 4 when I was brought by my parents. I was given a letter by my lawyer that people who are processing visa U are able to request public assistance including money, housing and food stamps, but I have not received or requested any money or housing from the government only food stamps.
Thank you in advance and thank you for taking the time to respond.
 
What state are you in? Some states have programs similar to SNAP but are not SNAP. You should really look into whether you were eligible for the benefit, because I don't think U-visa applicants, or even U-visa recipients, are normally eligible for SNAP.

Anyway, back to your question, since you entered illegally, you are not eligible for Adjustment of Status now. If you get U status, then I think you would be eligible for Adjustment of Status.
 
What state are you in? Some states have programs similar to SNAP but are not SNAP. You should really look into whether you were eligible for the benefit, because I don't think U-visa applicants, or even U-visa recipients, are normally eligible for SNAP.

Anyway, back to your question, since you entered illegally, you are not eligible for Adjustment of Status now. If you get U status, then I think you would be eligible for Adjustment of Status.
Hi, I live in California. I do have a work permit and I took out my SSN last December from the U visa. I was just nervous to start the I-130 petition because of the SNAP program.
 
It seems that you are not eligible for regular CalFresh, but you are eligible for the CalFresh Food Assistance Program (CFAP). Is that what you have? Again, receipt of non-cash benefits are not considered for public charge purposes, but you still need to make sure that you didn't get something you were not eligible for.
 
It seems that you are not eligible for regular CalFresh, but you are eligible for the CalFresh Food Assistance Program (CFAP). Is that what you have? Again, receipt of non-cash benefits are not considered for public charge purposes, but you still need to make sure that you didn't get something you were not eligible for.
I apologize for the late reply with work, kids and everything in between.

Yes I am currently receiving CalFresh Food Assistance Program. I am about to fill out the I-1485 and it asks if I have received public assistance and I was afraid of what they will say, but I will have to check yes and hope for the best.
 
You should honestly answer yes, and just state what you received. Like I said, non-cash benefits are not considered for public charge determinations.

But I don't think you are eligible for I-485 now, since you entered illegally. If you get U status then I think you would be eligible for I-485.
 
You should honestly answer yes, and just state what you received. Like I said, non-cash benefits are not considered for public charge determinations.

But I don't think you are eligible for I-485 now, since you entered illegally. If you get U status then I think you would
 
Yes I'm definitely going to mark yes on that question. I do have a work permit and a ssn only, is that considered a U status? Sorry for asking
 
No, you could have gotten an EAD based on deferred action while you are on the U-visa waitlist (EAD category C14). If you had actually gotten U-1 visa approved you would have gotten EAD category A19.
 
Thank you so much!
One more question sorry, where should I state the food stamps? In the additional information page of the form? Or should I attach copies?
Thank you again
 
I-485 part 8 #61 "Have you received public assistance ...", you would answer yes, and provide more information in part 14 (Additional Information). Don't call it "food stamps" or "SNAP" if that's not what you received. Just provide the specific California program name you are receiving (which I think is CalFresh Food Assistance Program)
 
I-485 part 8 #61 "Have you received public assistance ...", you would answer yes, and provide more information in part 14 (Additional Information). Don't call it "food stamps" or "SNAP" if that's not what you received. Just provide the specific California program name you are receiving (which I think is CalFresh Food Assistance Program)
Thank you so much!! You have been of tremendous help!!
I'm going to send it today or Monday

Again thank you so much!!
 
How can you send it now? Like I said, you are not eligible for I-485 (Adjustment of Status) now since you entered illegally.
 
How can you send it now? Like I said, you are not eligible for I-485 (Adjustment of Status) now since you entered illegally.
Ohh ok I was confused because I thought since I had the work permit and SSN through Visa U that I could file i130 and i485 concurrently. So then I would have to file the i130 then once I have an answer I can file i485?
Sorry
 
No. If you were eligible for I-485, you could file I-130 and I-485 together, but you are not eligible for I-485 since you entered illegally, so you can't file I-485 even after I-130 is approved. You would have to wait until your U visa is approved (so you would effectively be considered to have entered legally) before you can file I-485.
 
No. If you were eligible for I-485, you could file I-130 and I-485 together, but you are not eligible for I-485 since you entered illegally, so you can't file I-485 even after I-130 is approved. You would have to wait until your U visa is approved (so you would effectively be considered to have entered legally) before you can file I-485.
Thank you so much!
 
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