Chicago, IL asked in Public Benefits and Immigration Law for Illinois

Q: U.S. Citizen receiving food stamp and medicaid. How does that affect AOS for her husband?

I am student here in the US. I will be getting married to my Girlfriend in a month. She is a US citizen and receives food stamp and medicaid. How does that affect my AOS based on new public charge rule. I have never taken any public benefits nor I am a beneficiary in any of public benefits. However, she doesn't have enough income to file I864 so I will need co sponsor.

But my only question is will that affect my AoS if she receives any public benefits. Bcoz According to USCIS new rule only affects beneficiary and not petitioner. Is there anything I am missing here?

1 Lawyer Answer
Drew Elesh
Drew Elesh
  • Immigration Law Lawyer
  • Skokie, IL
  • Licensed in Illinois

A: Under the new public charge form you will have to disclose those public benefits . It is one of many factors .

Stephen Arnold Black agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.