Santa Monica, CA asked in Immigration Law for California

Q: Awaiting marriage-based i751+citizenship approvals. Lost job yesterday. Should I avoid asking for EDD/Foodstamps/else?

I rather not take any risk, and I also don't want my wife liable (even though we file taxes seperately).

I tried reading here: https://www.uscis.gov/archive/public-charge-fact-sheet and also here https://www.uscis.gov/news/alerts/uscis-highlights-legal-responsibilities-of-sponsors-of-aliens but not sure what is the safest route to take?

QUESTION UPDATE:

I do live with my wife but we file separately. So I should not ask for unemployment payments? Or just not for other things? Also, what if I seek unemployment for a limited time?

Related Topics:
2 Lawyer Answers
Stanley Dale Radtke
Stanley Dale Radtke
Answered
  • Immigration Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: Yes, if you accept public assistance as an immigrant, you may be held inadmissible at the time you seek to adjust status.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: The issue is different at this point, but can create complications. Are you living with your wife? Are you having a relationship? If your wife is employed, then the issue is whether you actually qualify to accept benefits. Are you committing fraud by accepting benefits that you are not lawfully entitled to, which if proven may be criminal?

If you accept means tested benefits that you are not entitled to, then you may lack good moral character. Your actions may also suggest that you are not being supported by your employed wife.

If you are now physically separated from your wife, then you should seek advice from a competent and experienced immigration attorney before there are any other complications. Good luck.

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.