42- 400           E. ELIGIBLE NON-CITIZEN STATUS

 

Table of Contents

The Eligible Non-Citizen Status section includes the following information:

 

Topic

Regulation

IRCA Requirement

PRWORA

Eligibility Requirements

Derivative “T” Visas

Federally Qualified Non-Citizens

Qualified Non-Citizens

State Only

NACARA Non-Citizens

Special Immigrant Visa Holders

Refugee Resettlement Eligibility

Afghan Special Immigrant Documentation

CalWORKs Program Eligibility for Afghan SIVs

 

Regulation

 

To be eligible for CalWORKs (federal or state) a non-citizen must be admitted for permanent residence or permanently residing in the U.S. under the color of law.  Verification of eligible non-citizen status is required prior to the receipt of aid.

 

 

IRCA Requirement

The Immigration Reform and Control Act (IRCA) require that applicant non-citizens be provided a reasonable opportunity to provide acceptable documentation of immigrant status.  The Human Services Specialist (HSS) must not delay, deny, reduce, or terminate benefits based on failure to provide non-citizen documentation before the end of the 45-day application period. 

 

Applicants are not eligible for immediate need payments on the basis of apparent eligibility if the applicant does not have satisfactory non-citizen registration verification.  Members of the AU with acceptable non-citizen status may be eligible to apparent eligibility.

 

 

PRWORA

Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, Public Law 104-193, prohibits “qualified non-citizens” not meeting exception criteria from receiving any Federal means-tested public benefit for a period of five years beginning with their date of entry with a status as a “qualified non-citizen”. 

 

CalWORKs will continue to allow all immigrants meeting the eligibility criteria below to receive benefits.  CalWORKs creates a State Only funded program to aid those non-citizens not eligible to federally funded TANF.

 

 

Eligibility Requirements

To be eligible to CalWORKs (Federal or State) a non-citizen must be:

 

Lawfully admitted for permanent residence - under the Immigration and Nationality Act (INA).

 

Permanently residing in the U.S. under color of law including:

 

·         Non-Citizens lawfully present in the U.S. as a result of the application of the following provisions of the INA:

 

o   admitted as refugees under Section 207(c).

o   granted political asylum under Section 208.

o   granted temporary parole status under Section 212(d)(5).

 

·         Cuban/Haitian entrants as defined in section 501(e) of the Refugee Education Assistance Act of 1980.

 

·         Amerasian immigrants as described in PRWORA, Section 402(a)(2)(A)(I)(V).

 

·         Non-citizens granted status as conditional entrant refugees under Section 203(a)(7) in effect prior to April 1, 1980.

 

·         Non-citizens granted indefinite voluntary departure in lieu of deportation.

 

·         A victim of trafficking, domestic violence or other serious crimes under Welfare and Institutions Code Section 18945.

 

·       Non-citizens granted an indefinite stay of deportation.

 

Note: Cuban/Haitian non-citizen eligibility to CalWORKs is dependent upon the initial immigration designation upon being admitted into the United States, such as “PAROLED”.  Expired status is not relevant for the purposes of determining CalWORKs eligibility.

 

Legal Permanent Residence (LPR) Status for CalWORKs eligibility purposes does not expire, even if the I-94 or I-55I has reached an expiration date (except for Conditional Entrants) as long as the SAVE (Systematic Alien Verification For Entitlements) response does not indicate the individual is under order of deportation.

 

 

Derivative “T” Visas

Non-Citizen individuals and their family members (spouse, children, parents, and unmarried siblings under 18 years of age) who have one of the following Derivative “T” Visas:

 

·       T-2;

·       T-3;

·       T-4; or

·       T-5.

 

Are eligible for CalWORKs benefits and services provided they meet all other program criteria.

 

For a non-citizen who is already in the United States (U.S.) on the date that the Derivative T visa is issued, the date of entry for purposes of benefits and services is the Notice Date on the Form I-797, Notice of Action of approval of the individual’s Derivative T Visa.

 

For a non-citizen individual who enters the U.S. on the basis of a Derivative T Visa, the date of entry for purposes of benefits and services is the date of entry stamped on the individual’s passport or I-94 Arrival Record. 

 

Note:  If an individual by himself or herself possess a “Derivative T Visa” and has no linkage to the CalWORKs program, he or she would be aided under the Wilson-Fish program, administered by Catholic Charities in San Diego.

 

 

Federally Qualified
Non-Citizens

Federally qualified non-citizens are those who are/were lawfully admitted for permanent residence, under the following INA sections, prior to August 22, 1996 and effective December 26, 2007 for holders of Special Immigrant Visa’s:

 

·       Lawfully admitted for permanent residence - under the INA.

 

·       Granted asylum - under section 208 of the INA.

 

·       Admitted as a refugee - under section 207 of the INA.

 

·       Paroled into the U.S. - for at least one year, under section 212(d)(5) of the INA.

 

·       Deportation is being withheld - under section 243(h) of the INA.

 

·       Cuban/Haitian entrants – under section 501)e) of the Refugee Education Assistance Act of 1980.

 

·       Amerasian immigrants – a non-citizen admitted to the U.S. as an Amerasian immigrant as described in PRWORA, Section 402(a)(2)(A)(I)(V).

 

·       Granted conditional entry prior to April 1, 1980 - under section 203(a)(7) of the INA.

 

·       Certain battered non-citizens - As defined in PRWORA, title IV, section 431.  If questionable refer to CalWORKs Program Specialist.

 

·       Certain Special Immigrant Visa Holders May be eligible for federal benefits for eight months from their date of entry to the U.S. or if applying for Special Immigrant Status from within the U.S., their date of adjustment of immigration status.

 

 

Qualified
Non-Citizens

Federal law states that “qualified non-citizens” entering the U.S. on or after August 22, 1996, are not eligible for federally funded public benefits for five years from the date of entry, unless they obtain citizenship or meet one of the following exceptions:

 

·         Refugee

 

     A non-citizen admitted to the United States as a refugee under Section 207 of the INA.

 

·         Asylee

 

       A non-citizen granted asylum under Section 208 of the INA.

 

·         Non-citizen Granted a Withholding of Deportation

 

         A non-citizen granted a withholding of deportation under Section 243(h) of the INA.

 

·         United States Military Status

 

o   A veteran who was honorably discharged for reasons other than non-citizenship.

 

o   Active duty (other than active duty for training) in the Armed Forces of the United States.

 

o   The spouse or unmarried dependent child of these veterans or active duty personnel.

 

·         Cuban/Haitian Entrants

 

             A non-citizen who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.

 

·         Amerasian Immigrants

 

     A non-citizen admitted to the U.S. as an Amerasian immigrant as described in PRWORA, Section 402(a)(2)(A)(I)(V).

 

·       Lawfully Admitted Non-Citizens With 40 Qualifying Quarters of Work

 

             Lawfully admitted non-citizens who have worked 40 qualifying quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters, unless they also received a Federal means-tested public benefit during a qualified quarter, after January 1, 1997.  Federal means-tested public benefits have been defined by the state as only CalWORKs/TANF, Food Stamps, and/or SSI.  Under section 435 of the law, a qualifying quarter includes one worked by a parent of a non-citizen while the non-citizen was under 18 and a quarter worked by a spouse during their marriage if the non-citizen remains married to the spouse or the spouse is deceased.

 

 

State Only

Non-Citizens who entered the United States on or after August 22, 1996, and who do not meet the exception criteria will be eligible for federally funded benefits after their date of entry with a status as a “qualified non-citizen” provided they meet other eligibility requirements.  Legal non-citizens who meet the criteria and who are not Federally eligible are eligible under the State Only program as long as all other eligibility requirements are met.  All regulations, procedures, and requirements are the same in State Only and Federal CalWORKs (i.e., MFG, fleeing felons, minor parent, mandatory inclusion, Welfare-to-Work, etc.).

 

Note: HSS staff should refer to the Aid Code Reference Table in CalWIN for the appropriate aid and PC codes to be used when an AU contains a non-citizen who is receiving State Only CalWORKs.

 

 

NACARA
Non-Citizens

Nicaraguan Adjustment and Central American Relief Act (NACARA) non-citizens are identified by one of five codes on their I-551 document (Permanent Resident Card).  These codes are:

 

·         NC-5 (admitted to the U.S. through normal immigration); 

 

·         NC-6 (granted adjustment of their status to LPR under NACARA);

 

·         NC-7 (individual is the spouse of a non-citizen with NC-6 code);

 

·         NC-8 (minor child or unmarried son/daughter of a non-citizen with NC-6 code); and

 

·         Z-15 (obtained status through the courts) 

 

As NACARA was enacted prior to PRWORA, the five-year period applies to individuals lawfully admitted for permanent residence under NACARA status.  The five-year period starts from the date these individuals acquired NACARA status.  Therefore, if otherwise eligible, these individuals are state-only funded cases until the five-year period has passed. 

  

 

Special Immigrant Visa Holders

Displaced persons from Iraq and Afghanistan have been and are being admitted to the U.S. with Special Immigrant Visa’s (SIVs).  These Iraqis and Afghans were employed by or assisted the U.S. Armed Forces with translation and interpreter services.  Iraqis/Afghans who have been issued SIVs are eligible for federally-funded refugee benefits and services, entitlement programs and other benefits and services to the same extent as persons who are admitted to the U.S. as refugees.

 

 

Refugee Resettlement

Eligibility

Afghan Special Immigrants and their eligible family members may receive RRP benefits and services to the same extent as persons who are admitted to the U.S. as refugees. Specific RRP benefits and services available to them include Refugee Cash Assistance (RCA), Refugee Social Services (RSS) and Targeted Assistance (TA) employment and training services, and ORR discretionary grant services.

 

The spouses and unmarried children (under 21 years old) of Afghan Special Immigrants, who can provide documentation that demonstrates their status, can also receive RRP benefits and services if they meet all other applicable program eligibility criteria.  Eligibility for these spouses and children begins from their date of entry into the U.S., not from the date of entry of the principal applicant.  Eligibility for principals begins from their date of entry or date of adjustment to Afghan Special Immigrant status within the U.S.

 

The maximum length of time that any Afghan Special Immigrants and eligible family members can receive RRP benefits and services is eight months from their date of entry to the U.S. or, if applying for Special Immigrant Status from within the U.S., their date of adjustment of immigration status.  The start date for benefits and services is the date of application.

 

 

Afghan Special Immigrant Documentation

 

Afghan Special Immigrant Documentation

 

Applicant

Documentation

 

Principal Applicant Afghan Special Immigrant

 

Afghan passport with an immigrant visa stamp noting that the individual has been admitted under Immigrant Visa (IV) Category SQ1 or SI1

 

Spouse of Principal Applicant Afghan Special Immigrant

 

Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV Category SQ2 or SI2

 

Unmarried Child Under 21 Years of Age of Afghan Special Immigrant

 

Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV Category SQ3 or SI3

 

Principal Applicant Afghan Special Immigrant

Principal Adjusting Status in the U.S.

 

DHS Form I-551 (“green card”) showing Afghan nationality (or Afghan passport), with an IV code of SQ6 or SI6

 

Spouse of Principal Applicant Afghan Special Immigrant in SI6 Category

 

DHS Form I-551 showing Afghan nationality (or Afghan passport), with an IV (immigrant visa) code of SQ7 or SI7

 

Unmarried Child Under 21 Years of Age of Afghan Special Immigrant in SI6 Category

 

DHS Form I-551 showing Afghan Nationality (or Afghan passport), with an IV code of SQ9 or SI9

 

USCIS Class of Admissions Codes Table.

 

 

CalWORKs Program Eligibility for Afghan (SIVs)

When an Afghan Special Immigrant is notified of the termination from RCA due to reaching his/her time-limit on aid, the worker must review the client’s case file to determine possible eligibility for CalWORKs or General Relief.  The notice of action to terminate that individual from RCA must also indicate the result of the worker’s determination of eligibility for CalWORKs or General Relief.

 

Afghan Special Immigrants and their eligible family members may receive state-only CalWORKs benefits after their federal eligibility period elapses, if all other eligibility criteria are met.  These Afghan Special Immigrants meet the CalWORKs eligibility requirement of “permanently residing (in the U.S.) under the color of law” or PRUCOL.