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Can a legal resident (not citizen) qualify for legal aid while going through a divorce?

Defamation Law Discussion Forum

Can a legal resident (not citizen) qualify for legal aid while going through a divorce?

Postby piaras91 » Tue May 29, 2012 6:03 am

Can a legal resident (not citizen) qualify for legal aid while going through a divorce?

My best friend and her husband are getting a divorce. He is a legal resident but not citizen. He is from South Africa and when he got his residency and SSN, but they told him that he would not qualify for medicare, medicaid, food stamps, section 8 and ect for 5 years when he becomes a citizen. She applied for legal aid (they have 2 children together) and he said he did too, I thought, however that legal aid would be something he wouldnt qualify for since he is not an American citizen. Anybody know? Thanks.
piaras91
 
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Can a legal resident (not citizen) qualify for legal aid while going through a divorce?

Postby chozai65 » Tue May 29, 2012 6:05 am

No,

a foreign national is not eligible for any means tested benefits or services that receive funds from the U.S. taxpayers. Up to the first 5 years of residency, applying alone would be reason for deportation; at the 5-year mark (which is when a resident can become a citizen), the Green Card holder is allowed to apply, but only if the sponsor, the person who submitted the Affidavit of Support for him, is ready to pay Uncle Sam back. In the case you outlined, that would be her husband, I presume.
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