In determining inadmissibility, USCIS defines "public charge"as an individual who is likely to become "primarilydependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense." See "Field Guidance on Deportability and Inadmissibility on Public Charge Grounds," 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors are considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor, other than the lack of an affidavit of support, if required, will determine whether an individual is a public charge.

Food stamps is a benefit that should not be a public charge consideration and should not affect any ability to apply for a green card in the future. See below:

Benefits Not Subject to Public Charge Consideration

* Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care

* Children's Health Insurance Program (CHIP)

* Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

* Housing benefits

* Child care services

* Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

* Emergency disaster relief

* Foster care and adoption assistance

* Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education

* Job training programs

* In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

* Non-cash benefits under TANF such as subsidized child care or transit subsidies

* Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, and other forms of earned benefits

* Unemployment compensation

Regards,

Andrew M. Wilson, Esq.

Serotte Reich Wilson, LLP

www.srwlawyers.com

awilson@srwlawyers.com