biggish data

Marijuana use and citizenship

1oz = 28.3 grams.

The magic number here seems to be 30 grams (= 1.05oz) so if it was one offense of less than 1 oz, thereby less than 30 grams, I think you should be fine as long as you disclose it.

Don't worry about traffic tickets. Normal traffic tickets should be disclosed, but will not make you ineligible.

The 30 grams or less is for a single, simple possession. If any of the records show anything more, e.g. intent to sell, etc., then all bets are off.

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2012-04-05 09:51:00

trips outside US within 3 months before filing N-400

It just means don't move to another state within 3 months of filing. I have no idea why such a law exists... it doesn't make sense considering they don't include it for aos/751/etc etc. Are they really afraid that people will rush to a less busy office to get approved

(B) Determination of Place of Residence .

In order for you to have jurisdiction over the applicant?s N-400, the applicant must have continually resided for a period of 90-days within your district or within your State. The applicant must have established residence in the jurisdiction 90 days prior to filing the application. Please keep in mind that some Service districts have jurisdiction over more than one State and some States contain more than one district office. For example, Wisconsin and Indiana are both within the same Service District. If a n applicant lived in the State of Wisconsin for 45 days, then moved to the State of Indiana for 45 days that applicant will achieve the 90-day jurisdictional requirement upon residing in Indiana for 45 days. Likewise, if an applicant resided for 45 days in the New York City district and moved to the Buffalo district, upon the completion of 45 more days of residency in the Buffalo district that applicant will achieve the 90-day jurisdictional requirement because both districts are within the same State. See section 316(a) and section 319(a) of the Act, 8 CFR 316.2(5), 8 CFR 100.4, and 8 CFR 334.2(b).

An applicant?s residence is defined as ?the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent? (see section 101(a)(33) of the Act). For naturalization purposes, the applicant?s residence is the same as his or her domicile, or principal actual dwelling place, without regard to the applicant?s intent. The duration of an alien?s residence in a particular location is measured from the moment the alien first establishes res idence in that location. (See 8 CFR 316.5(a)) The applicant?s present residence, not the present temporary abode, will determine whether you have jurisdiction over the application.

http://www.uscis.gov...-0-0-24381.html

Edited by ?, 20 March 2012 - 11:18 AM.

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2012-03-20 11:11:00

lost appointment letter

Infopass time.

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2012-03-19 22:22:00

lost appointment letter

Now, get some sleep, and try not to lose it again!

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2012-03-19 23:14:00

Forced to change name during N-400 interview

I am curious what a "house registration document" is. Everything I research refers back to Thailand for some reason.

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2012-03-07 18:07:00

Citations for Question 10D #16

If it is not an issue, don't make it one by bringing it up.

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2012-03-09 19:54:00

3 Years or 5 Years of known address/employment

If it is based on three years marriage to a USC, then just the last three years is necessary, or since entering the US. Everywhere you see five years, substitute three years. The answers won't make any sense otherwise.

Edited by ?, 08 March 2012 - 06:16 PM.

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2012-03-08 18:14:00

N-400 NATURALIZATION

I think they just want to verify your travel dates, so look at the exit and entry stamps, but it couldn't hurt to translate the pages ahead of time.

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2012-03-08 18:10:00

Oath ceremony documents question

They just want you to return any immigration documents that have been issued to you, so that they can't be used by anyone else. Your LPR card (green card) is the only one on the list that they have to have before you can take the oath, but they would like anything else you may have that could be misused with your name on it.

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2012-03-04 15:20:00

is it ok to bring camera with for the interview?

No cameras or cell phones with photo taking ability at USCIS offices. If the oath ceremony is held someplace else, then photo-taking is encouraged.

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2012-02-27 14:05:00

Travel abroad immediately after naturalisation interview

Thank you for the good information. Alla has her citizenship interview Feb 1 and I was concerned about her not havbing a green card for while if she has to wait for her oath. we live close to Canada so she goes there often, this was helpful.

If you take the oath, and get your certificate, then need a travel document right away, the passport service centers can give you a passport card in a matter of hours:

Vermont Passport Agency
50 South Main Street,
Suite 101
St. Albans, VT 05478
This Agency issues the US Passport Card on-site!
Hours: 9:00 a.m. - 3:00 p.m., local time, M-F, excluding Federal holidays
Schedule An Appointment 24/7: 1-877-487-2778

http://travel.state....encies_913.html

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2012-01-14 21:58:00

HOW LONG CEREMONY TAKES

The actual ceremony doesn't take that long, even when you are talking about a large number of citizen-designates. However, getting everyone processed, and in their assigned seats takes a while. Then, there is the presentation, orientation, greeting by the President (taped), all the other speakers, Pledge of Allegiance, singing the National Anthem and America the Beautiful, and in our case, the calling of the roll as the certificates are handed out. Finally, after dismissal, there is the huge crowd of spectators trying to reunite with the new citizen. For us, they opened the doors early, separated us, me to the balcony, her to processing. It took a couple hours for everyone to get seated, and then about an hour to finally get back to our car. In by 8:30 am, out by noon.

Edited by ?, 27 February 2012 - 02:57 PM.

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2012-02-27 14:53:00

Does the N-400 out of country deadline reset?

If you have taken any trip outside the United States that lasted 6 months or more since becoming a Lawful Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if you are applying on the basis of marriage to a U.S. citizen).

Rent or mortgage payments and pay stubs.

http://www.uscis.gov...00048f3d6a1RCRD

I think she is referring to this requirement.

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2012-02-22 14:37:00

Does the N-400 out of country deadline reset?

If she is gone for more than one year at a time, then the three year clock restarts. If she is gone more than 6 months at a time, she has a higher burden of proving residency. If she is gone more than 18 months in the last three years, she is not eligible to apply for citizenship.

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2012-02-22 14:45:00

misdemeanor drug charges

i have 10 charges since the age of 18 from guns, drugs, ect..and this week i'm going for my interview ! been 7 years since my last case! and few felony drop to misterminor wish me luck! let you know the outcome this wenesday! stay positive ..everything is possible in life

I hope you have all your paperwork together. Chances are you will get bounced around a bit when they request this, or that document, or they may just outright deny you. Hope you have a good attorney in your corner, not one just blowing smoke up your butt just to collect his fees.

Edited by ?, 26 February 2012 - 02:13 PM.

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2012-02-26 14:12:00

Does the 4 Year and 1 Day rule for Naturalization for trips less than 1year

yes, but i need more specific answer on this please, i have never lived outside USA for more than 1 year in 2006 and 2007 trips, so can i apply under 4 year 1 day rule please help !!!! And anyone got success with it ?

Have you maintained a continuous residence in the US since you became an LPR? Even if you meet the time requirements for trips outside the US, you still have to maintain a residence in the US. Things like rental receipts, lease contracts, mortgage on a primary residence, property tax receipts, and filing US tax returns for every year since becoming a LPR.

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2012-02-25 22:38:00

Does the 4 Year and 1 Day rule for Naturalization for trips less than 1year

Have you maintained a continuous residence in the US since you became an LPR? Even if you meet the time requirements for trips outside the US, you still have to maintain a residence in the US.* Things like rental receipts, lease contracts, mortgage on a primary residence, property tax receipts, and filing US tax returns for every year since becoming a LPR.

* For trips outside the US longer than 6 months in the last five years.

Edited by ?, 25 February 2012 - 11:07 PM.

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2012-02-25 23:06:00

Does the 4 Year and 1 Day rule for Naturalization for trips less than 1year

I became LPR on 06/2006 but i was in highschool senior year in my native country so i went back after just 2 months of stay in USA and then came back again in 2007 to renew my green card so that i don't need re-entry permit and again i went back in just a month of stay in 2007 and came back in 2008 , then from 2008 to 2012 i have no long trips of 6 months or more, as i was student and used to live with my uncle and just visited states to renew my GC in 2006 and 2007 i don't have any proofs of residency and my parents also aren't here in states, but i never terminated employment as i never got one in 2006 and 2007 nor did i work abroad .
From 2008 to till now i have paid all taxes, have bank account, got admission in college and still in college verification.

can i apply under 4 years 1 day rule, even if not i can apply by now but i don't know the chances of approval so in deilmmna

Go through this worksheet: http://www.uscis.gov...attachments.pdf

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2012-02-25 23:17:00

Can the wife status affect my application?

He already understand that legalizing his wife will be a problem because she overstayed however he would like get his citizenship first before dealing with his wife's case. FYI they got married while the wife was visiting the US a few years ago.

Thanks for your help

It won't be a problem as long as she entered the US legally. The day after he takes the oath, he can send in the I-130 and I-485 for his wife. Wife's only concern would be if she left the US in the meantime before those are adjudicated. In that case, she would face a reentry ban.

Edited by ?, 22 February 2012 - 08:37 PM.

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2012-02-22 20:36:00

Can the wife status affect my application?

Thank you guys I knew I would get some good advices from VJ. Now he is a little concerned about ICE storming to his house to deport his wife. By telling the USCIS that his wife overstayed and is here illegaly could that trigger a deportation notice to his wife?

As long as Obama is president, and his wife doesn't commit a serious crime, her chances of being deported are nil. That could all change at any time, or with the next election.

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2012-02-23 11:00:00

I am ready to file for citizenship. There's a question on n400 that asks have you ever failed to file federal taxes. When I was here on student visa, I did work under the table and did not file taxes. When we applied for k3 I did mention about that job. What should my and to that question be? I am nervous

Did you report the income to the IRS? If no, then you answer "yes", you failed to file an income tax return for that income. You need to square that away before you can apply for citizenship. You can go to IRS.gov to get the tax forms for the years you did not file when you were required to do so.

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2012-02-19 21:22:00

I was not even continuously employed. I went in whenever I wad called in. Please help me

I worked for a few months and went back to india. I came back 4 years later on a k3

There is a statute of limitations, and if you made below a certain amount, you may not have owed any income taxes* at all. But you did mention the job to the USCIS already, and whether or not that catches up with you, depends on whether anyone reviewing your file puts it all together and makes that an issue.

To cover yourself, you can visit your local IRS office, or talk to an independent tax adviser, with the best estimate of how much you earned, and get something in writing as to what your tax obligations are, if any, and you can add that as evidence to your N-400 application. If they decide you do owe back taxes, you would have to either pay them, or show you are current with an IRS installment agreement at interview time.

* Besides income taxes, there is also FICA and Medicare Taxes, as well as any state or local taxes on income. I know for a fact, California is relentless in collecting back taxes, even when the IRS has let them fall off the books.

Edited by ?, 19 February 2012 - 11:05 PM.

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2012-02-19 23:04:00

The question asks if you have failed to file taxes since you became a legal permanent resident. You can answer No to that since you filed all the years after becoming a PR. So you are fine with that question.

However, you worked illegally while on an F1 student visa and you mentioned it on the k3 and as far as I understand, there was no problem with that.

That takes care of 10.A.4. What about question 5: Do you owe any Federal, state, or local taxes that are overdue?

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2012-02-20 11:19:00

So I am busted, is that right? god, please help me.

Probably not, but be prepared with an answer in case the issue comes up. At San Francisco, we had the same IO for both AOS and Citizenship, and he remembered us when we showed up the second time.

And don't forget, 99% of us here answering questions are just amateurs, no matter how confident we seem with our answers.

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2012-02-20 11:58:00

Interview finally scheduled: fingerprints not readable

They should be able to tell you before you leave the ASC whether or not the fingerprints are readable. Overseas, some of the embassies started making the applicants wash their hands before attempting to take fingerprints. Don't use any lotion for a few days before having your fingerprints taken.

The wife had that problem at the Embassy in Manila, they made her come back the next day to take them again. The last time we went to the ASC, they finally got good prints after trying for about 45 minutes. They wouldn't let her go until they came back as readable.

Edited by ?, 15 February 2012 - 08:33 PM.

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2012-02-15 20:28:00

N-400 and sold alcohol under age

And when I got approved on my I -751, I didnt mention to USCIS about that ticket, now is too late to say that I had a ticket 6 years ago. If I tell them may be My N-400 will be denied and I will be deported , who knows?

If the ticket/citation is alcohol, or drug related, it is supposed to be listed on the N-400. You take your chances by not disclosing the offense. The scrutiny you receive is more intense for the N-400, and the questions are different. The standard for citizenship is higher than that for being permitted to legally reside in the US. How much was the fine?

Edited by ?, 16 February 2012 - 12:07 PM.

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2012-02-16 12:06:00

N-400 and sold alcohol under age

Please I need your help, I have permanent green card since 2006 and I had a ticket for sold alcohol under age on 2006. 6 years ago , and I never arrested or jail. I did 20 hours community service. Now I want to apply N-400 , I went to police station to get my criminal history and it is clear,none criminal. I don't want to mention my ticket on my N-400 application. How will USCIS find that I had a ticket that sold alcohol under age. Or should I submit that? Pleeeaaase help. The problem is Im scared to loose my green card and i got denial N-400 for that.

By the way,

The judges' rule of thumb: Six hours of work equals one day in jail.

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2012-02-16 12:19:00

documents to send in with N400

What documents do we need to send in? Send them as many documents as you can or don't overdo it. Please guide. Thank you and good luck.

http://www.uscis.gov/files/article/attachments.pdf

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2012-02-14 13:20:00

residency requirement

(B) Determination of Place of Residence .

In order for you to have jurisdiction over the applicant?s N-400, the applicant must have continually resided for a period of 90-days within your district or within your State. The applicant must have established residence in the jurisdiction 90 days prior to filing the application. Please keep in mind that some Service districts have jurisdiction over more than one State and some States contain more than one district office. For example, Wisconsin and Indiana are both within the same Service District. If a n applicant lived in the State of Wisconsin for 45 days, then moved to the State of Indiana for 45 days that applicant will achieve the 90-day jurisdictional requirement upon residing in Indiana for 45 days. Likewise, if an applicant resided for 45 days in the New York City district and moved to the Buffalo district, upon the completion of 45 more days of residency in the Buffalo district that applicant will achieve the 90-day jurisdictional requirement because both districts are within the same State. See section 316(a) and section 319(a) of the Act, 8 CFR 316.2(5), 8 CFR 100.4, and 8 CFR 334.2(b).

An applicant?s residence is defined as ?the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent? (see section 101(a)(33) of the Act). For naturalization purposes, the applicant?s residence is the same as his or her domicile, or principal actual dwelling place, without regard to the applicant?s intent. The duration of an alien?s residence in a particular location is measured from the moment the alien first establishes residence in that location. (See 8 CFR 316.5(a)) The applicant?s present residence, not the present temporary abode, will determine whether you have jurisdiction over the application.

[(b)(2) or (b)(7)(E)]

You also will need to ask questions to determine whether the applicant resides where he/she claims. [(b)(2) or (b)(7)(E)]

An applicant?s principal place of residence is also important if your district conducts judicial naturalization ceremonies. You will need to verify that the applicant?s residence is within the district court?s jurisdiction. In some districts, every applicant?s residence is not only within the jurisdiction of the Service District but also that of only one district court. In others, there may be more than one district court within the Service District area. Be sure that you are aware of each court?s jurisdict ion, and properly assign the applicant. Note that persons who temporarily reside within the jurisdictional limits of a district court while pursuing an application filed pursuant to section 319(b), section 328(a), or section 329 of the Act are not subject to the exclusive jurisdiction provisions of section 310(b)(1)(B) of the Act.

By reviewing and questioning the applicant about the periods and places of residence listed on the N-400, you will be able to determine whether you have jurisdiction over the N-400 and whether the applicant has established the required principal residence in the United States for naturalization purposes.

http://www.uscis.gov...-0-0-24381.html

Edited by ?, 13 February 2012 - 11:52 AM.

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2012-02-13 11:50:00

Certified Birth Certificate of Children

Hello,
I will be having my Citizenship interview soon and one of the requirements is to bring the certified copy of children's birth certificate born in US.
I have been to my bank to get it notarized but they said they cannot notarize birth certificates.
Please let me know where can i get these certified ( or do i just need to take original and copy during my interview)

Thanks

A certified copy would be obtained from the civil registry, or the vital statistics agency where the children were born. If the children were born in the US, that would be from the county recorder's office in the county where the children were born. The birth certificate you have now is probably a certified copy. They want to see that, or one just like it, not a photocopy.

( or do i just need to take original and copy during my interview)

Yes.

Edited by ?, 07 February 2012 - 12:28 PM.

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2012-02-07 12:27:00

N400 and supervisor's review

You were arrested for a traffic ticket? I have never heard that one.I have been stopped for tickets before but never arrested.

I checked "Yes" to the question if I was ever arrested etc.

I think the poster meant "etc."

An arrest happens when a criminal suspect is taken into police custody. This typically begins immediately after the officer notifies the suspect that he or she is “under arrest.” The suspect may not need to be handcuffed, and he or she may submit voluntarily to the officer’s demands. He or she may also resist the officer, and run the risk of incurring heavier fines or more severe punishments. It is important for suspects to know their rights when they are taken into custody. This is why it is mandatory for an officer to read the suspect his or her “Miranda rights” during an arrest. Knowing the laws about traffic violations and personal rights can keep suspects safe during a roadside investigation and interrogation by arresting law enforcement officers.

http://www.lawfirms....raffic-stop.htm

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2012-02-07 12:05:00

N400 and supervisor's review

Update:
just right now I received an email from USCIS with the following update:

Application Type: N400 , APPLICATION FOR NATURALIZATION
Your Case Status: Post Decision Activity
On February 7, 2012, the supervisor review of your case was completed. We will mail you a notice once a final decision has been made. Please wait to receive the notice before you contact USCIS.

I guess, it's all good then?

Your case is getting its final blessings. Hopefully, it's all good.

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2012-02-07 12:59:00

Does Re-entry permit satisfy the Residency requirement?

I am confused as I am reading some of the posts. Does the I-131 reentry permit satisfy the residency requirement for citizenship? I mean if some one travelled on the I-131 for 18 months and applying for the 5 year based application. Does that 18 months count towards the citizenship residency requirement of 5 years?

No.

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2012-02-05 12:09:00

Does Re-entry permit satisfy the Residency requirement?

hello! everyone, i'd recieved my green-card in june 2007, when will be the right time to apply for citizenship-in june 2012 or now? i went out of U.S. three times, once my trip was for 11 months, does that effect my application for naturalization? please help

Check out this worksheet and take the Eligibility Test. That should answer your question.

http://www.uscis.gov...attachments.pdf

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2012-02-07 12:53:00

Is getting food stamps any issue as far as immigration is concerned? The only place I have seen that asks about receiving any help from public funds is on I-485 application. However, receiving food stamps is not an issue even when applying for adjustment. As far as USCIS is concerned, food stamps don't fall in the category of of public charge. http://www.uscis.gov...000082ca60aRCRD

Good. Somebody brought that up, so I don't have to. The type of benefits that have to be reimbursed are for income support, and for long term care.

benefits that are not to be considered as public cash assistance or income include, but are not limited to:
(1) The Food Stamp Program;
(2) The Medicaid Program (other than payments under Medicaid for long-term institutional care);
(3) The Child Health Insurance Program (CHIP);
(4) Emergency medical services;
(5) The Women, Infants and Children (WIC) Program;
(6) Other nutrition and food assistance programs;
(7) Other health and medical benefits;
(8) Child-care benefits;
(9) Foster care;
(10) Transportation vouchers;
(11) Job training programs;
(12) Energy assistance, such as the low-income home energy assistance program (LIHEAP);
(13) Educational assistance, such as Head Start or aid for elementary, secondary, or higher education;
(14) Job training;
(15) In-kind emergency community services, such as soup kitchens and crisis counseling;
(16) State and local programs that serve the same purposes as the Federal in-kind programs listed above; and
(17) Any other Federal, State, or local program in which benefits are paid in-kind, by voucher or by any means other than payment of cash benefits to the eligible person for income maintenance.

http://www.state.gov...ation/86988.pdf

I don't know that it would be an issue for naturalization even if she was (which it doesn't sound like she actually was), but food stamps are means-tested benefits and as such LPRs are not generally eligible for them until they have been LPRs for 5 years. At the least the government could come after her husband to pay them back, and at most she could have violated a law. Again, I'm not saying that is the case for sure as I do not know if it is a law, but LPRs are generally not eligible for food stamps for at 5 years.

As a LPR, you are not entitled to 'means tested benefits,' to which food stamps belong.

If you are not receiving food stamps, if you have not applied for food stamps, if you have not signed a petition for food stamps, then you have done nothing wrong.

Wrong and wrong.

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2012-01-29 12:04:00

Actually, you are wrong. Food stamps are not used in public charge considerations. They ARE a means-tested federal benefit and the sponsor IS subject to have to repay them.

The I-864 FAQ provided by the Dept of State spells it out in so many words. Please read here: http://travel.state....nfo_3183.html#4

The fact that utilizing a certain benefit won't make an immigrant a public charge does NOT mean a sponsor will be off the hook for repayment.

From your link:

If you need more information on the I-864 Affidavit of Support see 9 FAM 42.63 Procedural Notes, 9 FAM 40.41 Procedural Notes and Sections 212(a)(4) and 213A of the Immigration and N ationality Act (INA).

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2012-01-29 15:02:00

As far as the SSA is concerned:

Who can get food stamps?

Anyone can apply for food stamps. To get food stamps, you and the other people in your household must meet certain conditions. Everyone who is applying in your household must have or apply for a Social Security number and be either a U.S. citizen, U.S. national or have status as a qualified alien.

The following qualified aliens are eligible for food stamps without a waiting period:

Legal immigrant children under age 18;
Blind or disabled legal immigrants who receive disability assistance or benefits;
Individuals born on or before August 22, 1931, and who legally resided in the United States on
August 22, 1996;
Lawful permanent residents who are active duty members or veterans of the U.S. armed forces or a spouse or a child of a veteran or active duty service member;
Refugees admitted under section 207 of the Immigration and Nationality Act (INA);
Asylees under section 208 of the INA;
Deportees or removal withheld under section 243(h) or 241(b)(3) of the INA;
Cuban or Haitian entrants under section 501(e) of the Refugee Education Assistance Act of 1980;
Amerasian immigrants under section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988.

The following legal aliens are eligible without a waiting period even if they are not “qualified aliens:

Hmong or Highland Laotian tribal members (including their spouses and children)
who helped the U.S. military during the Vietnam era;
American Indians born in Canada;
Members of Indian tribes under section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).

The following qualified aliens are eligible if they have lived in the U.S. for five years in qualified status:

Lawful permanent residents (they may be eligible sooner than five years if they have
40 work credits);
Parolees (paroled for at least one year under section 212(d)(5) of INA);
Conditional entrants under 203(a)(7) of INA in effect prior to April 1, 1980;
A battered spouse, battered child or parent or child of a battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of INA.

http://www.ssa.gov/pubs/10101.html

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2012-01-29 15:10:00

I am not sure what your point is? Food stamps clearly ARE subject to repayment by the sponsor. They are NOT used for consideration of public charge status but they ARE subject to repayment anyway. The link you provided does not dispute that in any way.

I also did not say LPRs are never eligible for food stamps. They are generally not eligible for 5 years unless they meet other criteria which is exactly what I said and is in fact backed up by the SSA link you provided. The OP has a conditional green card so unless they qualify in another way there is no way they would have been an LPR for 5 years. Most LPRs are ineligible for food stamps for 5 years. And just because someone is eligible for something, it does NOT mean the I-864 is invalidated.

If they are ineligible for food stamps, they won't receive them, bottom line. Nothing to be repaid.

SPONSOR LIABILITY

Under the 1996 welfare law, agencies administering means-tested programs are required, under certain circumstances, to request reimbursement from sponsors for benefits granted to sponsored immigrants, and they may also seek to enforce the reimbursement obligation in court. The new regulation clarifies one of the issues in this tricky area of law: a state agency cannot seek reimbursement for food stamps received by a sponsored immigrant if the sponsor is receiving food stamps. USDA notes that it plans to address additional sponsor liability issues in the future, in coordination with other federal agencies.

http://140.174.87.56...foodnutr010.htm

Edited by ?, 29 January 2012 - 06:11 PM.

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2012-01-29 18:04:00

Sponsor Liability. Sponsors who sign the enforceable affidavit of support (INS Form I-864) may be liable to repay certain means-tested public benefits, including food stamps, used by the sponsored immigrant. However, there are important exceptions to these rules.

The affidavit of support goes into effect when the immigrant becomes an LPR. The affidavit remains in effect until the immigrant secures credit for 40 quarters of work history in the U.S. (including work performed by a spouse during marriage or by parents before the immigrant was 18 years old), abandons lawful permanent residence, becomes a citizen, or until the sponsor or the sponsored immigrant dies. If the immigrant receives benefits during this time, the sponsor may be liable for 10 years after the benefits were last received.

The sponsor is not responsible for benefits used before the immigrant became an LPR. The sponsor also is not responsible for benefits used by unsponsored members of the household (e.g., U.S. citizen children) or for benefits used while the sponsor was receiving food stamps.

Although state agencies must "request" reimbursement from sponsors where applicable, they are not required to pursue legal action against sponsors. Before requesting reimbursement, state agencies must verify that the immigrant's sponsor is subject to liability (e.g., by determining whether the sponsor signed an enforceable affidavit, whether the immigrant had credit for 40 quarters of work, and whether the sponsor was receiving food stamps while the sponsorship agreement was in effect).

It is important to note that the USDA confirmed that state agencies may not keep any portion of the reimbursement for food stamps recouped from sponsors and that sponsor liability actions are not subject to review for quality control errors.

http://www.nilc.org/foodnutiru03.html

Later clarification. YMMV.

Base Document: http://www.fns.usda....en_Guidance.pdf

Edited by ?, 29 January 2012 - 06:26 PM.

The Postmaster

Not Telling

2012-01-29 18:21:00