Legal Question in Immigration Law in New York

You can still file for them. However, you may need a joint sponsor if your husband's income isn't enough to support a 6 person household (assuming that only you, your husband, and the two children are the only ones that are currently living in the home). For a free consultation, please contact my office at 904-576-2581 or email me at [email protected].

You may go to the Women's Center For Education and Career Advancement's website at www.wceca.org for a complete answer to your question. According to the site, In New York, any eligible non-citizen may use the following programs without any risk of being designated a public charge: Medicaid, Child Health Plus, Family Health Plus, WIC, PCAP, Food Stamps, School Meals, Child Care Assistance, Unemployment Insurance, Worker's Compensation, Public Housing and Section 8 and Utility assistance programs.

The ONLY programs that immigration is allowed to consider as "public charge" type programs are Family Assistance and Safety Net Assistance, Supplemental Security Income and Long term care in an institution that is paid for by Medicaid, among others.

That said, you can petition for your parents and get a joint sponsor to help you with the Affidavit of support, in case you cannot meet the minimum income requirement. You may email me at [email protected] or call me at 347-885-2363 for free consultation. Good Luck.