Effect of Receiving Public Benefits and Non-Payment of Child Support on Immigration Petitions (Nov 2012)

Receiving Public Benefits and Immigration

There are many rules and regulations that affect the ability of a non-citizen to receive public benefits or assistance (for example housing, food stamps, day care, and health- related benefits) and the impact that the receipt of such benefits will have. The receipt of any public benefit can have an impact as severe as the mandatory loss of immigration status or the denial of an application filed with USCIS or with the immigration court, to an unfavorable act of discretion in connection with an immigration petition.

Child Support and Immigration

Similarly, If an individual is not properly paying child support (meaning there is no record of payment in the amount required by child support laws) he or she may endure severe consequences in the context of immigration applications. An immigration judge or officer has the discretion to use information about the non-payment of child support to deny an application. This is particularly the case if the application requests information about the payment of child support (i.e. the application for naturalization or citizenship).

What Can You do if You Already Received Public Benefits

If one has received public benefits in the past for which he or she was not eligible, it may corrected it by stopping all benefits, correcting the erroneous information in prior applications, and establishing a payment plan to repay benefits received. Although the receipt of improper benefits may always lead to potential problems, penalties are often less severe when an individual voluntarily admits and corrects errors made.

Experience Matters!

Our office has extensive experience helping clients identify and correct these types of issues, prior to filing any immigration application, so as to minimize or eliminate any negative effects these can have on immigration petitions. Call our office to schedule your appointment if you are in the New England area and would like effective and experienced legal help: 617-623-6320 (ext.0).

Tomorrow: Interview in Órale con Verónica on Telemundo

Don’t miss this Saturday, November 10th, the first of 5 immigration TV interviews that our founder attorney Desmond P. FitzGerald did with Verónic Robles from the Telemundo show Órale con Verónica, Saturdays at 10:00 a.m. on Telemundo local Boston, and at 10:30 a.m. on Telemundo local Rhode Island. The interviews will also be available On Demand at: Get Local/Latino/Órale con Verónica. Tomorrow’s interview will be on the topic of waivers of inadmissibility. Watch it and let us know what you think of the program.

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