Hello. I need advice here.
I am an international student came to USA on F1 visa, and I have
Two babies born here in US, and they have SSN and US passports.
Due to my very low income ( stipend from school ) I applied for
Cash assistance and food stamp programs for my two US babies, and they
Offered me this assistance. Recently, the state ( Michigan ) started to cancel benefits to a lot of beneficiaries like my situation.

They department of human services, informed me that they will stop all the services and benefits to my two babies.
When I asked them about the reason, their answer was; My two babies although they are US citizens , but they are not a permanent residents of
Michigan, and their residency follows mine, and since I am living in US on a temporary visa, then their residency is my home country, not Michigan.
Their decision is final, and I appealed, but I did not win.
Some friend told me that this action from the state is illegal, and I should sue them. I don't know what to do now, is this decision legal, or violate the federal laws ? Do I have a chance to win the case if I sue them ? Does any body advise me to see an attorney ?
Is there any way to get these benefits back ?
Any help please ?

What country is the father from? Is he paying child support?

Sure you can sue, just save up 5000 to 10,000 and hire an attorney.

Ask to see the laws they are basing this on. If it is state law, then it is the law, you will have to challenge the laws on some legal status.

1. where is the child's father and is he or they paying child support.
2. what job and income do you have beyond collecting welfare
3. why are you in the US to study and not living in your nation and collecting welfare there ?

I am from Egypt, and I came here to study PhD , and I have
Been here for three years, and my only income is ( $ 1200.00 monthly ) just the stipend that I got from my department as a teaching assistant. I don't pay child support.
Their recent changes in the law is based on the definition of
Resident, as to be a permanent resident in Michigan
I was asking if the definition of resident is federal ? Or every state has it's own definition ?
Also, if this is their new law, then on what basis to sue them ?

First you are going to need a lawyer. You aren't going to sue the government without one. (that would be one of the hardest thing in the world) Second, it is possible that because you are not a resident that you can't collect welfare. The welfare system is going broke every state is cutting back and making qualfication harder. Talk to some lawyers in the area if they think there is a good case they might take it for a small amount just to get their name in the paper for a big case.

I must agree with Fr_Chuck-save 10,000, hire an attorney and sue them.
The definition of resident is not federal.
In a recent decision, the federal court for the Western District of Michigan has proposed a definition for the term "resident". Prior to this decision, Michigan courts like their counterparts in leading jurisdictions, had failed to propose a definition for this term. The majority of States have required either an intent to stay on a permanent basis or have held that the individual was not a resident even though the person lived in the house but lived there independently./ Forest Mann Insurance v Stark/

Section 303(1)(h)
(h) A nonresident, including, but not limited to, a foreign student. [MCL 257.303(1)(h)
Section 51a of the MCL 257.51a, defines "resident" as follows:

"Resident" means every person who resides in a settled or permanent home or domicile with the intention of remaining in this state."

I have to ask (yes, I know this is the legal boards, but it should still be brought up)--why in the WORLD did you decide to have not one, but TWO children on a stipend like you have?

And where is/are the father(s)? Why are THEY not paying support for your children? And what about your family? Why aren't they helping?

Frankly, I have to say good for Michigan on this one. You come to the US on a student visa, have MORE than one kid (who just HAPPEN to have US citizenship), aren't collecting child support, and EXPECT to get Welfare?

Sounds to me like you need to figure out where your priorities are--and they are NOT in pursuing a lawsuit against the state. They are in getting a job, going after child support, and paying for your OWN children and not expecting the taxpayers to do so.

I'm out of greenies so I'll just say I'm with synnen. True that is not really the issue but it is a great point!

This may seem like a fundamental question, but are you the mother or father of these children? I ask because when asked about the father paying child support, you stated that you didn't pay child support (though that could be language barrier).

It seems that I have a lot of racists here committing to my post.
First, I am the father , and I am married, and I came here with a student visa, and we ( me and my wife ) got two kids born here.
I don't know exactly what do you mean by child support, but if you mean supporting my children and meet their needs, then yes I am totally supporting and meeting their living expenses, and I am a tax payer too, for 3 years.
I am asking if this welfare is a right for my US children, not for me.

The definition of resident is not federal.
You do not have grounds to sue the state.
Your obligations came first.

OK, if you think the country,state,the people including us,the legislation and etc are racist,feel free to go back in Egypt.

Since I have no clue what race you are, there's no way for me to be racist.

I do apologize for assuming that you were a single mother, though. I was jumping to conclusions there based on previous questions, and I was wrong, and I am sorry.

I stand by my words, however, that if you cannot afford children, you should not have them. Period. If you CAN afford them, then you don't need welfare. I honestly don't care where you come from, what your gender is, what race, religion, or sexual orientation you are--if you cannot afford to have children, then don't have them. Do not have them and then expect the taxpayers to pay for them.

Welfare is not a "right". It should absolutely be an act of desperation to apply for welfare--that point where you are not just going to go a little hungry on ramen noodles and dry cereal for a while, but will actually be eating only once a day without it. It should ALSO be a temporary state--a way to get your feet back under you for 6 months or so, not a way of still affording a cell phone, cable, high speed internet, and a newer car. Not that I am saying you personally have these things---but far too many people on welfare do.

So... by all means try to sue the state for not giving you free stuff. Please let me know how that works out for you. If it DOES work for you, I'll have to start a suit that since I want children, the state should provide them for me, because IVF and adoption are unaffordable to me. I just don't have the $25k to try to GET pregnant or try to adopt.

As mentioned NO welfare is not a right. If you are paying taxes and still eligible for welfare that mean you get that tax money back when it comes refund time therefore not making enough money to support your family. I completely agree with synnen welfare should be temporary and only in dire situations. You say you are working on your PhD... why not get a better job you already have a masters? Does your wife work? There are other ways of paying for your children other than having the government do it. Now, like I said if someone needs it by all means use it but don't abuse it.

OK, if you think the country,state,the people including us,the legislation and etc are racist,feel free to go back in Egypt.[/QUOTE]

I object your language, and your mode.
I did not mean the government, and the state.
I just meant people like you and J_9

People like me what?

It's because of people like you who think you have a right to welfare that people like my elderly widowed mother can't get it. And yes, she's in Michigan.

I guess she should sue too. At least she is a Michigan resident AND a US citizen.

To answer your question: No, welfare is NOT a right.

It's a privilege, given to those who TRULY need a hand up.

Unfortunately, it is misused by far too many people as a hand out.

Your children do NOT have a right to it, and any lawsuit against the state would likely fail.