World Journal Weekly Q & A - October 5, 2008Green Card Holder Will Abandon Status and Wants to Know the Effect on His Green Card Children in the U.S.Yu reader asks: I plan to return back to Taiwan in October to attend the National Day. I am a green card holder for many years and now live in Florida. Since Kuonmingdong takes over the regime, I plan to give up my green card and return to Taiwan. But I have two children attend U.S. University, if I give up my green card, will it affect their naturalization in the future? Dear reader: As you have been a green card holder for many years, your two children would not be adversely affected by your going back to Taiwan and giving up your green card. U.S.C.I.S. only acts negatively against dependents in situations where the green card parent does not reside in the U.S. when it believes that the parent did not have an intention to reside permanently when he/she received permanent residence. I-864 Affidavit of Support Sponsor Wants to Know His Liability Where the Sponsored Sister and Her Husband Are Thinking of Taking Public Means Tested BenefitsWu Reader Asks: I am a U.S. Citizen since 1995. After I became a citizen, I apply for my sister and brother-in-law to immigrate. Because of quota, they waited until April this year to finally immigrate to the U.S. My sister and brother-in-law are now around 65 years old. They don’t speak English, don’t drive or have no any professional skills. They now decide to stay for good. Their friend in New York told them that New York has great elderly benefits and they could obtain government sponsored Medicare, food stamps and cash income benefit of $250.00. I had signed I-864 affidavit of support for them and if they receive government’s benefits, will they become public charge and I would have to pay back? Will the government take steps on my income and property? Dear reader: You are correct to be cautious concerning your sister and brother-in-law receiving benefits since you have supported them with an I-864 affidavit of support. Your income is deemed to be theirs, and their taking of means tested benefits by governmental agencies on the federal, state, or local level could result in the agencies requesting you to repay any benefits received. An I-864 is a contract between you and the U.S. government which specifically states that you may be held liable for repayment under a variety of federal, state, or local low-income based programs. You have stated that they could obtain government sponsored Medicare, food stamps, and cash income benefits of $250. We had spoken in the past with a Medicare representative who informed us that Medicare Part D is a prescription drug coverage program open to U.S. citizens and lawful permanent residents in the U.S. for five years. Your sister and her husband would not appear to qualify for such a program. Food stamps are special purpose cash benefits not intended for income maintenance, but would probably be considered a means tested benefit amenable to recapture from the I-864 sponsor. The cash income benefit would appear not only capable of recapture, but could also form the basis of a finding that they are public charges inadmissible to the country. In the I-864, the contract on page 6 sets out the safe exceptions for which no liability on your part would attach if your sister & her husband took them - those public benefits specified in section 403(c) of the Welfare Reform Act such as, but not limited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and the Child Nutrition acts; immunizations and testing and treatment for communicable diseases; and means tested programs under the Elementary and Secondary Education Act.
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Copyright © 2003-2008 Alan Lee,
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