Public Benefits Subject to Public Charge 그리고 I-485

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What is the answer on I-485 about public assistance

I am filing now I-485 as an asylee with my wife as derivative asylee. She received in the past CHIP (children health insurance program) for pregnancy and also we still receiving Medicaid and Food Stamps.
If I have to answer YES, then how should I point out that we never received any cash assistance nor had long-term care? Thanks

Christina A Wilkes

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Immigration Attorney | Takoma Park, MD

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Posted on Nov 14, 2013

Best Answer

It is important to answer all of the questions on the I-485 honestly, and if your wife received CHIP or any other benefits in her own name, then she should definitely check “Yes” on the I-485 Application Form and attach an explanation and evidence establishing the benefits that she received. Receiving these benefits as an asylee should not impact her ability to obtain her “green card,” but knowingly giving a false answer could. I will note, however, that if the Medicaid and Food Stamps are benefits that your wife receives on behalf of your US citizen child, ie. the benefits are really for your child and not for your wife, then your wife has not actually received these public benefits, your child has.