Legal Question in Immigration Law in California

Will applying for Food Stamps affects my husband immigration process?

Asked on 8/07/09, 5:39 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Generally, no. However, if a person applies for Food stamps, it means that your income is below federal poverty guidelines. If so, you will have to find a joint sponsor (a US citizen or permanent resident) who is willing to take financial obligations on behalf of your husband, so he will be allowed to emigrate to USA.

In my practice, oftentimes it's a very difficult to talk to find someone, unless they are a close family member, willing to take full financial responsibility for an unrelated person.

The Affidavit of support is USCIS form I-864. You may want to read the instructions.

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Answered on 8/07/09, 5:43 pm

Ellaine Loreto Law Offices of Ellaine Loreto


There is a small chance that food stamps will affect your husband's immigration process. If you are the one petitioning him for his green card, you are promising to support him financially. If you have to apply for food stamps, then your income may be below what is necessary to petition him. In this case, you will have to find a co-sponsor, someone who has an income that qualifies for his petition, in the event that your personal income does not.

If another family member or employer is sponsoring your husband however, then they are financially responsible for him. In this situation, you applying for food stamps should not affect his petition.

To discuss your specific case further, you can contact me directly at 714 288 0574 or at [email protected] Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 8/11/09, 4:38 pm

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