World Journal Weekly Q & A - June 29, 2008

Q & A 1. 2. 3. 4. 5.


Q&A 1.

What Benefits Can Recently Arrived Immigrants Through Family Sponsorship Obtain From The Government?

Wen reader asks:

My mother is 81 years old. She received her green card in 4/2006. What kind of medical benefit and other benefits does she qualify for?

Dear reader:

I will assume that your mother was sponsored through a family member and that you are inquiring about benefits which may not have to be repaid by the petitioner and/or any co-sponsors. Under the Welfare Reform Act of 1996, she is not entitled to most means tested benefits. The petitioner and any co-sponsors guaranteed her support so that she could immigrate. Most means tested benefits which she obtains can be retrieved by federal, state or local governments from the petitioner and co-sponsors up to the poverty guideline level. I note, however, that liability does not attach to emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means tested programs under the Elementary and Secondary Education Acts.

Q&A 2.

At my Second Interview Based on Marriage, do I have a Chance of Getting the Green Card Where We Married Less Than a Year After the Ex-wife that He Sponsored Also Got Her Green Card?

Xia reader asks:

My husband went to China and married his distant cousin Kim in 2001. In 2003, Kim received her conditional green card and came to U.S.. One month before Kim came to U.S., I met my husband. As soon as she arrived, my husband told her that he wanted a divorce. She ran out and on the street she had a car accident. My mother-in-law felt guilty and told me to allow Kim to receive her permanent green card before divorcing her. In the end of 2005, Kim received her permanent green card and in 2/2006 they were divorced. In 8/2006, my husband and I registered our marriage. My attorney told me that I registered marriage too soon and asked me to re-register. I did not dare to do that.

I applied green card in 3/2007 and interviewed in 6/2007. The examiner only asked us few simple questions. Later we received 2nd interview on 10/2008. My attorney told me the examiner suspected my bona fide marriage. My questions are:

1. Will I have a chance to receive green card in 2008?
2. If we do not give birth to a child before the 2nd interview, is it ok? I gave birth to a son in 2004 already and our financial situation does not allow us to have more children.
3. In 6/2007, I just received my C9 card, so I told examiner I did not work. Now I have the C9 card, do I have to file tax? In 2006, I filed joint return with my husband. I work at a nail salon and my boss wants to file tax for me. My husband files 1099 because he owns his business as a mover. What kind of tax should I be filing?

Dear reader:

1 If U.S.C.I.S. believes that you have a bonafide marriage and that your husband had a bonafide first marriage, you should obtain your permanent residence card. Whether you obtain it in 2008 or later is not predictable.

2 In a marriage interview, the presence of children born to the couple is compelling evidence of a bonafide marriage. However, the presence of a child is not necessary to the approval of the case. The U.S.C.I.S. examiners look at a variety of evidence that people are living together in a marital relationship such as the joining of property, bank accounts, tax returns, utility bills, telephone bills, credit card statements, photographs together, etc. Couples are also separated and asked a series of questions relating to their everyday lives to determine whether they are actually living together.

3 If you had a work card in 2007 but did not work, you do not have to file earnings. If you worked at the nail salon in 2007, the boss should have given you a W-2 or 1099 miscellaneous.

Q&A 3.

Issues Concerning Where You First Land in the U.S. After Obtaining the Immigrant Visa

H.K. Reader asks:

I am planning to emigrate my entire family from Hong Kong to the United States middle of this year, and then come back to Hong Kong soon. But because the petitioner resides in a more remote state, there is no direct flight from Hong Kong, and my husband cannot accompany the trip because of work.
My questions are:
1. Can we arrive in a state that is different from the state that was on the application? If so, can I choose a closer state in America? For example, Guam, for entry?
2. If not, because there is no direct flight to the petitioner’s state, can I stay over in one of the American states during flight layover for few days, and then transfer flight to the state that was originally on the application?

Dear reader:

1 An immigration inspector might wonder whether you actually intend to reside in the U.S. if you choose to arrive in Guam. Receipt of permanent residence means that you intend to make the U.S. your principal place of abode.

2 Persons immigrating to the States sometimes go to a different state initially (for example, stopping in Los Angeles to go to Disneyland or any of the other attractions) before going to their final destination state.

Q&A 4.

Handling of I-485 Adjustment of Status Cases Held Previously for Security Checks

Chen Reader asks:

I applied for green card in 2005, but there was no response until 2006, which I received a biometrics notice. In March 2007, I received a letter saying it was doing background check. Until now, I have not received any further notices. My questions are:
Is there a time frame in issuing green card in the current policy?
When does it start in counting 180 days?
Is there a way to check on my case status?

Dear reader:

Under the new U.S.C.I.S. policy for FBI name checks, the agency will no longer hold back approvals on I-485 adjustment of status applications if the FBI background name check has already been pending six months. You would be eligible to have your case completed under the new policy. You can check your case through visiting the local office of U.S.C.I.S. for an InfoPass (https://infopass.uscis.gov/info_ch.php), or speaking with the National Customer Service Center of the agency (1-800-375-5283).

Q&A 5.

Eligibility of Permanent Residents Sponsored by Family Member for Medicaid

Yan Reader asks:

My wife and I both obtained our green card in December 1998, and reside in Mississippi. We had never worked in the United States. In February 2006, my wife became a naturalized U.S. citizen, and October of the same year, her application for Medicaid was approved. In 2007, I applied for Medicaid, but was declined for the reason that I was not a U.S. citizen.

My understanding is that permanent resident and U.S. citizen enjoys the same benefit. I applied again, and got declined again.

I am old and don’t speak good English, it is difficult for me to pass the citizenship test. Please advise if I still have a chance being approved for Medicaid or Medicare if I apply again? What should I do?

Dear reader:

Under the Welfare Reform Act of 1996, individuals entering for permanent residence on or after August 20, 1996, are not allowed to obtain means tested benefits including Medicaid (exception being emergency Medicaid) if being sponsored by family members. You should attempt to become a U.S. citizen again and attend a naturalization class since your English is not good.

 

Copyright © 2003-2008 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.