I am a green card holder and my conditional status was removed in june 2011. This year I am eligible to apply for citizenship in June 2012. Currently I am pregnant and my husband is out of work. We have been paying for COBRA for a month but it is very expensive for us to afford around $1600/mo. We have looked into the IL public Aid programs like MPE and Moms and Babies and would like to consider applying.
Our biggest concern is whether applying for any sorta public aid or the mom and babies will affect me when I apply for citizenship. Can I be denied citizenship if I apply for these programs? I remember when my husband sponsored me he signed a affidavit of support saying he will support. Is this an issue. Please let me know.
Mary Kathleen NealImmigration AttorneyChicago, IL ·
You do not say how you received your green card status to begin with, but if it was through a U.S. citizen spouse, then the "public charge" grounds of inadmissibility may not even apply. (see INA sec. 212(a)(4)(C)(i)(I) or 8 U.S.C. sec. 1182(a)(4)(C)(i)(I)).
You also do not say what other assets, income, earning potential etc. you have. Even in cases where the "public charge" grounds of inadmissibility to apply, USCIS is supposed to take into account your age, health, family status, assets, education and skills (see INA sec. 212(a)(4)(B) or 8 U.S.C. sec. 1182(a)(4)(B). To the extent that Moms & babies helps you conserve your assets, it may end up helping you in the "public charge" analysis.
Also, the income threshhold for Moms & Babies is much higher than would usually be considered a "public charge." For example, a family member petitioning to sponsor a relative must swear to support that person at at least 125% of federal poverty line. But "Moms & Babies" is available to families earning up to 200% of federal poverty line.
It greatly depends on the very specifics of the public aid programs involved. I highly recommend that you see an immigration attorney about this issue. Accepting certain public aid can make one a public charge, and being a public charge is a ground of removability. Again it depends on the specifics of the public aid. Even if the aid program should not count against a public charge ground you may need an attorney to argue this correctly. I highly recommend that you speak with a well qualified AILA immigration attorney about your specific plans and case.
