49-020 Immigration Status-Qualified Alien

.Purpose

Policy

Background

Release Date:

November 29, 2023

Definitions

Requirements

Verification Docs

CAPI

49-020 Immigration Status – Qualified Alien

Purpose

( ) To release a new policy

( ) To release a new form

( ) To convert existing policy to new writing style only – No concept changes

(X) Revision of existing policy and/or form(s)

What Changed?

This revised release includes:

1. The replacement of LEADER Replacement System with California Statewide Automated Welfare System (CalSAWS);

2. Additional immigration status information;

3. Adding indigence exception information; and

4. Adding the following eligible Qualified Alien categories for the Cash Assistance Program for Immigrants (CAPI) Program:

a) Special Immigrant Visa (SIV) holders;

b) Special Immigrant Parolees (SIPs) with SQ/Special Immigrant (SI) categories from Afghanistan; and

c) Humanitarian Parolees, including those from Afghanistan, Cuba, Haiti Nicaragua, and Venezuela.

Note: Changes are shown highlighted in grey throughout the document.

Policy

To be eligible for CAPI, a person must meet all CAPI criteria (refer to 49-010: Eligibility for CAPI). One of the CAPI conditions is to be a legal non-citizen of the United States (U.S.) and meet the immigration status requirements in effect for Supplemental Security Income/State Supplementary Payment (SSI/SSP) on

August 21, 1996, or a victim of human trafficking, domestic violence or other serious crimes as defined in Welfare and Institutions Code §18945.

To meet the immigration requirements, a CAPI applicant/participant must be one of the following:

I. Person Residing Under the Color of Law (PRUCOL)

(refer to 49-020_1: Immigration Status - PRUCOL); or

II. “Qualified Alien,” which means any non-citizen who is:

1) Lawfully Admitted for Permanent Residence (LAPR);

Note: An aged, blind, or disabled LAPR applicant/participant who entered the U.S. on or after August 22, 1996, and meets the Social Security Administration (SSA) requirements on qualifying quarters of work experience, may be eligible for SSI/SSP.

2) Granted Cuban/Haitian refugee entrant status. (Section 501(e) of the Refugee Education Assistance Act of 1980);

3) A refugee who entered the U.S. under Section 207 of the Immigration and Nationality Act (INA);

4) Granted status as an asylee under Section 208 of the INA;

Note: An aged, blind, or disabled refugee or asylee may be eligible for SSI/SSP for a maximum of seven years. After the seven years have elapsed, they may be eligible for CAPI.

5) A non-citizen whose deportation is being withheld under Section 243(h), or whose removal is being withheld under Section 241(b)(3) of the INA;

6) A non-citizen paroled into the U.S. for a period of at least one year under

Section 212(d)(5) of the INA;

7) A conditional entrant admitted to the U.S. under Section 203(a)(7) of the INA before April 1, 1980;

8) A battered non-citizen, child of a battered spouse, or parent of a battered child, if a petition is pending under the Federal Immigration Reform and Control Act;

Note: Self-petitioners may be considered Qualified Aliens if they can establish a prima facie case for immigrant classification or have an approved self-petition.

9) SIV holders;

10) SIP with SQ/SI categories from Afghanistan; or

11) Humanitarian Parolees, including those from Afghanistan, Cuba, Haiti Nicaragua, and Venezuela.

Background

Assembly Bill 2779 (Chapter 329, Statutes of 1998), requires the establishment of a program that will provide cash assistance to aged, blind, and disabled legal non-citizens who meet the immigration status requirements of SSI/SSP in effect on August 21, 1996, but are ineligible for that program solely due to their immigration status. Welfare and Institutions Code Section 18940 requires that federal and state laws governing the SSI/SSP program must also govern the CAPI Program.

Definitions

Term

Description

Abuse

Assaultive or coercive behavior that includes, but is not limited to, physical abuse, sexual abuse, psychological abuse, economic control, isolation, stalking, threats or other types of coercive behavior.

Basic CAPI

Refers to the original eligibility component of CAPI, for which the earliest possible payment date was December 1, 1998. A non-citizen is potentially eligible for basic CAPI if they:

1) Entered the U.S. prior to August 22, 1996; or

2) Entered the U.S. on or after August 22, 1996, and:

a. Have a sponsor who is deceased or disabled; or

b. A victim of abuse by the sponsor or the sponsor’s spouse.

Date of Entry (DOE)

The effective date of the CAPI applicant’s/participant’s current immigration status as determined by the United States of Citizenship and Immigration Services (USCIS), except in any of the following situations:

Ø The non-citizen is a current CAPI participant whose immigration status was adjusted after they began receiving CAPI benefits. In this situation, the same DOE that was used to determine their initial CAPI eligibility will continue to be used for redetermination of their CAPI eligibility.

Ø The non-citizen, as of August 21, 1996, had an immigration status that met the definition of "Qualified Alien" and has maintained continuous residence in the U.S. since at least August 21, 1996. In this situation the effective date of the Qualified Alien status held by the non-citizen on August 21, 1996, will be deemed to be their DOE for purposes of determining CAPI eligibility, even if the non-citizen later adjusts their immigration status.

Extended CAPI

A non-citizen is potentially eligible for extended CAPI if they entered the U.S. on or after August 22, 1996, and meets one of the following criteria:

1) Does not have a sponsor;

2) Has a sponsor who is NOT deceased or disabled; or

3) Has a sponsor and is NOT a victim of abuse by the sponsor or the sponsor’s spouse.

Note: The sponsor-deeming rule is applicable for ten years from the date the sponsor signed the Affidavit of Support.

Indigence Exception

Suspension of the income and resources of the sponsor(s) (and the sponsor’s spouse if living in the same household) from being deemed to the applicant/participant for purposes of determining CAPI eligibility.

Indigence exception applies when all of the following are met:

1. Sponsor-deeming results in denial, suspension, or reduction of CAPI benefits;

2. The non-citizen is unable to obtain both food and shelter;

3. The non-citizen completes and signs the SOC 809, CAPI Indigence Exception Statement; and

4. The county staff determines that indigence exception applies.

Refer to 49-037 Sponsor Deeming for more information.

Prima Facie

Denotes that, upon initial examination, a legal claim has sufficient evidence to proceed to trial or judgment.

Requirements

The SSA has special rules that apply to the eligibility of a Qualified Alien for SSI/SSP.

Since a Qualified Alien may be eligible for SSI/SSP, any CAPI applicant/participant who is a Qualified Alien must apply for SSI/SSP. A CAPI applicant/participant who is eligible for SSI/SSP will not be eligible for CAPI.

A CAPI applicant/participant claiming their sponsor is:

Ø Deceased -- must provide evidence their sponsor has died.

Ø Disabled -- must provide verification of their sponsor’s disability.

CAPI Aid Codes on the Medi-Cal Eligibility Data System (MEDS)

There are four CAPI aid codes being used for caseload tracking, which reflect broad non-citizen categories.

Aid Codes	Description
1A	Non-citizens who entered the U.S. prior to August 22, 1996, meet the federal definition of Qualified Alien, and who are age 65 or older.
6K	Non-citizens who entered the U.S. prior to August 22, 1996, and meet the PRUCOL requirements, but not the Qualified Alien requirements.
6M	Sponsored immigrants who entered the U.S. on or after August 22, 1996, and the sponsor is deceased or disabled, or the immigrant is a victim of abuse by either the sponsor or the sponsor’s spouse.
6T	Previously time-limited, but now extended CAPI. Non-citizens who entered the U.S. on or after August 22, 1996, who do not meet the sponsor restrictions in the definition of aid code 6M and who meet either the federal definition of Qualified Alien or the previous federal definition of PRUCOL.

The CAPI aid codes are automatically inputted into MEDS through CalSAWS for existing and all new CAPI cases to:

A. Enhance program integrity by allowing Eligibility Workers (EWs) to be aware of CAPI claims in other counties, as well as possibly alerting them to SSI/SSP eligibility; and

B. Provide case management information for CAPI via the centralized data source on MEDS.

The CAPI aid codes will be displayed in the same manner and in the same general location as the aid codes for General Relief (GR). The CAPI aid code information will be displayed on the INQ1, Q2, or Q3 screens on MEDS.

Verification Documents

A list of documentation to prove immigration status can be found on the Alien/Immigrant Eligibility Chart (Attachment).

Evidence for Death of a Sponsor

The following can be provided to prove death of an applicant’s/participant’s sponsor:

A. A certified copy of a public record of death;

B. A statement of death by the funeral director;

C. A statement of death by the attending physician or the superintendent, physician, or intern of the institution when the person died;

D. A certified copy of the coroner’s report of death or the verdict of the coroner’s jury;

E. A certified copy of an official report of death or finding of death made by an agency or department of the U.S. that is authorized or required to make such a report; or

F. If death occurred outside of the U.S., an official report of death by a U.S. Consul or other employee of the State Department, or a copy of the public record of death in the foreign country.

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