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What kind of public benefits may affect my ability to get a green card or become an American citizen?

According to the U.S. Immigration & Naturalization Services (INS)…

IF YOU DO NOT HAVE A GREEN CARD YET

Public Assistance will NOT hurt your chances of getting a green card if you, your children, or other family members use:

Types of Public Assistance

Examples of the Types of Public Assistance

Health care

Medi-Cal, Healthy Families, Children’s Health Insurance Program, WIC, Prenatal care, Immunizations, and other free or low-cost health care programs.

Food programs

Food stamps, nutrition programs including school lunch and breakfast, WIC, and other food assistance.

Other programs that do not give cash Emergency disaster relief, Public Housing, Job training, Childcare services, and transportation vouchers.

Public Assistance MAY hurt your chances of getting a green card ONLY IF…

Types of Public Assistance

Examples of the Types of Public Assistance

You receive cash welfare for support.

Supplemental Security Income (SSI), the California Assistance Program for Immigrants (CAPI), CalWORKS, and General Assistance (GA).

You are in long-term institutionalized care.

The institutionalized care such as nursing home or mental institution is paid for by Medi-Cal or other government funds.

Your family’s only source of income is the cash welfare received by your children or other family members. Your children and other family members receive cash welfare, and this cash welfare is the sole source of the family’s income.

You have received cash welfare in the past, and it is likely that you will apply for cash welfare in the future.

You have used cash welfare in the past, and you cannot show the INS that you will not apply for cash welfare in the future because of a job or family support.

Exception: If you are a REFUGEE or ASYLEE…

You may use any public benefits including cash welfare, health care, food programs, and non-cash programs without hurting your chances of getting a green card.

IF YOU ALREADY HAVE A GREEN CARD…

Generally, INS will not take away your green card if you, your children, or family members use health care, food programs, non-cash programs, cash welfare, or long-term care.

But, you may have a problem if:

  • You leave the United States for more than 180 days continuously and you have used cash welfare (such as SSI, CAPI, CalWorks, and General Assistance) or long-term care (such as Nursing home or other long term care paid for by Medi-Cal or other government funds).
  • You use cash welfare or long-term care during your first 5 years in the United States for reasons (such as an illness or disability) that existed before you entered the U.S., but these cases are extremely rare.

IF YOU ARE APPLYING FOR U.S. CITIZENSHIP…

INS will not deny your right to become an American citizen if you are lawfully receiving benefits such as cash welfare, health care, food programs, and non-cash programs.

IF YOU WANT TO SPONSOR YOUR RELATIVE…

You may sponsor your relative even if you are using benefits such as cash welfare, health care, food stamps, and non-cash programs, but you will need to show that you or your co-sponsor earn enough income to support your relatives.

 


If you have any questions regarding this policy/change and how it affects you, contact your local community clinic or one of the following:

Asian Law Alliance
184 E. Jackson Street
San Jose, CA 95112
Telephone: (408) 287-9710
Languages: Cambodian, Cantonese, English, Laotian, Mandarin, Vietnamese, and other Asian languages available upon request.

CET Immigration & Citizenship Program
701 Vine Street
San Jose, CA 95110
Telephone: (408) 534-5451
Languages: English and Spanish.

Bay Area Legal Aid
2 West Santa Clara Street, 8th Floor
San Jose, CA 95109
Telephone: (408) 283-3700
Languages: English, Spanish, and Vietnamese.

Latino Coalition for A Healthy California
1535 Mission Street
San Francisco, CA 94103
Telephone: (415) 431-7430
Web site: www.lchc.org
Languages: English and Spanish.

SIREN
778 North First Street, Suite 202
San Jose, CA 95112
Telephone: (408) 286-5680
Languages: English, Spanish, and Vietnamese.

 

Adapted from flyer developed by the Asian Pacific American Legal Center for the California Immigrant Welfare Collaborative, a joint project of:

Coalition for Humane Immigrant Rights of Los Angeles * National Immigration Law Center * Northern California Coalition for Immigrant Rights * Asian Pacific American Legal Center

 

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