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.
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