.Purpose

Policy

Background

Release Date:

May 07, 2020

Definitions

Requirements

Verification Docs

Term/Acronym

Description

United States Citizenship and Immigration Services (USCIS)

USCIS (formerly INS and later BCIS).

Prima Facie Case

This is a Latin term that means by first examination and is used to determine a substantial connection to battery or extreme cruelty.  USCIS has made a preliminary review and has determined that based on the face value of the evidence the case appears to be valid.  This determination is only made for Violence Against Women Act (VAWA) self-petitions (I-360).

Bona Fide

‘Good Faith’ -  Sincere, authentic, genuine, real, true, without intention to deceive.

Non-Citizen

An individual not born in or under jurisdiction of the U.S. and who has not become a citizen through naturalization, acquisition, or derivation.

Pending Petition

A petition that has been submitted to the USCIS and a final decision has not yet been provided.

VAWA

Allows an abused non-citizen spouse, or child of a U.S. citizen, or Lawful Permanent Resident (LPR) to apply directly on his/her own behalf for lawful immigration status without the assistance of the abusive spouse or parent.  Prior to VAWA, only a U.S. citizen or an LPR could petition the USCIS for his/her non-citizen spouse or children to become LPRs.

PRWORA

Personal Responsibility and Work Opportunity Reconciliation Act.

Spouse

Either of two individuals who would be defined as married to each other under applicable State law or who are cohabitating and are holding themselves out to the community as husband and wife by representing themselves as such to relatives, friends, neighbors, or tradespeople.

Requirement

Limit/Condition

Citizens

U.S. citizens qualify for CalFresh benefits if all other requirements are met.  There are different ways of fulfilling U.S. Citizenship status. Below is a list depicting the different categories for U.S. citizenship:

1.    An individual born in any of the 50 states of the U.S. or any of its territories (such as the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, Swain’s Island, and the Northern Mariana Islands).

2.    An individual child born outside of the U.S. automatically becomes a U.S. citizen when all the following requirements are met (in accordance with
Child Citizenship Act of 2000 and INA Section 320):

a.    At least one parent is a U.S. citizen by birth or naturalization;

b.    The child is under the age of 18; and

c.    The child lives or has lived in the U.S. under the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

Note:   An adopted child must be under the age of 16 and has resided in the legal and physical custody of the U.S. citizen parent for at least two years to be eligible.

3.   A Naturalized citizen of the U.S.

Other Eligible Individuals

The individuals in the two populations below are eligible for federal CalFresh benefits on the same basis as U.S. citizens without needing to be a qualified non-citizen and without needing to have any additional condition of eligibility:

1.    American Indians born in Canada but living in the U.S. or federally recognized Indian tribes, e.g., Native Americans who are entitled to cross the U.S. border into Canada or Mexico under Section 289 of the Immigration and Nationality Act (INA).

a.    A member of an Indian tribe (as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450b(e)]) who is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians; or

b.    An American Indian born in Canada to whom the Provisions of Section 289 of the INA apply.

Note:  Documentary evidence of Section 289 of the INA is as follows:

·         An unexpired Temporary I-551 stamp in a Canadian passport or on the Arrival-Departure Record with the code S13; or

·         A letter or tribal document certifying at least 50% Indian blood as required by Section 289 of the Act and a birth certificate or satisfactory evidence of birth in Canada, including Native Americans who are entitled to cross the border into the U.S. from Canada and Mexico, the St. Regis Band of the Mohawk in New York State, the Micmac in Maine, the Abanaki in Vermont, and the Kickapoo in Texas.

      2.    An individual lawfully residing in the U.S. who was a member of the Hmong or Highland Laotian tribes that rendered assistance to the U.S. during the Vietnam era. This category includes the spouse, surviving spouse that has not remarried, or unmarried dependent children of these individuals.

The County may verify this category through proof of birth in Laos or another country in Asia with a Hmong or Laotian population, I-551, or other documents establishing that the tribal member was part of a Hmong/Laotian tribe as follows:

1.    Entered the U.S. in April 1975 or later (or can give a reasonable explanation for having entered before that such as came here as a student, for military training, to escape war, and so on);

2.    Signs an Affidavit that he/she was a member of a Hmong or Highland Laotian tribe between August 5, 1964, and May 7, 1975;

3.    Presents other information/documentation establishing that the tribal member was part of a Hmong/Highland Laotian Tribe between August 5, 1964, and May 7, 1975;

4.    Is a spouse, unmarried dependent child, or unmarried surviving widow or widower of a deceased Hmong or Highland Laotian tribal member and verifies his/her status as a member of the tribal’ s family:

a.    Divorced spouses do not qualify as family members;

b.    A member of the family of a deceased tribal member need not show that the deceased tribal member legally resided in the U.S;

c.    A child means the legally adopted or biological child of the Hmong or Highland Laotian member; or

d.    An unmarried dependent child of a Hmong or Highland Laotian under 18 years of age, or a full-time student under the age of 22 of a deceased Hmong or Highland Laotian, provided the child was dependent upon him/her at the time of death, or an unmarried disabled child age 18 or older if the child was disabled and dependent on the person prior to their 18^th birthday.

Qualified Non-Citizens

Qualified non-citizens are potentially eligible for federal SNAP CalFresh benefits.  This section will describe what specifically defines a qualified non-citizen.

In general, most non-citizens must meet the following two requirements to be eligible for federal CalFresh benefits, in addition to meeting other program eligibility requirements:

1.    Be in a qualified non-citizen category; and

2.    Meet one condition of eligibility.

There are however, some categories of non-citizens who are automatically eligible for federal CalFresh without having to meet a condition of eligibility. The sections below will break down the different categories and explain which types of non-citizens need one of the conditions of eligibility (shown below) and which non-citizen categories do not. In addition, each of the categories of non-citizens will be discussed throughout this document.

Qualified Non-Citizen Categories

1.   A person who is lawfully admitted into the U.S. for permanent residence: a LPR under the Immigration and Nationality Act (INA); 

2.   An asylee under Section 208 of the INA;

3.   A refugee admitted to the U.S. under Section 207 of the INA;

4.    A parolee under Section 212(d)(5) of the INA for at least one year;

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

6.     A conditional entrant under Section 203 (a)(7) of the INA.  This provision was abolished by the Refugee Act of 1980; however, there are still individuals with this documentation;

7.     Cuban or Haitian entrant under Section 501 (e) of the Refugee Education Assistance Act of 1980;

8.     A battered non-citizen spouse, battered non-citizen child, non-citizen parent or child, or a non-citizen child of a battered parent with a petition under 204 (a)(1)(A) or 244 (a)(3) of the USCIS;

9.    Trafficking Victims under Section 207 of the INA; or

10.    Amerasian immigrants admitted under Section 584 of the Public Law 202, as amended by Public Law 100-461.

Conditions of Eligibility for Non-Citizens

In order to be potentially eligible for federal CalFresh benefits, some qualified non-citizens must fall under one of the following conditions:

1.     An LPR who can be credited with 40 qualifying quarters of work under the Social Security System; 

2.     An elderly individual 65 years or older;

3.     A qualified non-citizen under 18 years of age, regardless of when he/she entered the U.S;

4.     A blind or disabled individual receiving benefits or assistance for his/her condition as defined under Section 3(r) of the Food Stamp Act, regardless of when he/she entered the U.S.;

5.     Beginning April 2003, an individual who has lived in the U.S., as a qualified non-citizen for five years from the date the non-citizen obtains status as a qualified non-citizen; or

6.     An LPR with a military connection (veteran, on active duty, or spouse or child of a veteran or active duty service member).

Broader Descriptions of the Above Conditions of Eligibility:

Eligibility based on 40 quarters

The 40 quarters condition of eligibility is open to those LPR qualified non-citizens only. A qualifying quarter is defined as a quarter of any year in which the legal non-citizen has earned at least the required wages for one quarter of coverage in a particular year.

Determining whether a non-citizen has worked, or can be credited with 40 qualifying quarters of work is of importance for CalFresh. Under PRWORA, an LPR may receive federally-funded CalFresh if that LPR has worked or can be credited with 40 qualifying quarters of work. Credits may be earned individually, in combination with a spouse, and in some circumstances a parent.

Note:  Beginning with the first quarter of 1997, no credit shall be countable if the individual who earned it received any federal, means-tested public benefits such as federal CalFresh. On the other hand, the quarters will be considered countable if the individual received State-funded CalFresh.

Transfer of Quarters

A non-citizen can receive qualifying work quarters either from:

1.    Work quarters earned by his/her parent before the non-citizen turns 18 years of age; or

2.    Work quarters earned by the non-citizen’s spouse, if they are still married, or the spouse is deceased.  The spouse’s quarters will be counted from the date of the marriage to the present.

a.    For example, Rachel got married to James in 2010.  Rachel has 40 quarters of her own.  James is a non-citizen who only has 28 quarters of his own and does not meet any other condition of eligibility for non-citizen.  He may only use any quarter that Rachel earned beginning in 2010 to the present. James may not use any quarters earned by Rachel prior to their marriage.

Note:  The two individuals need not be legally married. Please see the definition of spouse under the CalFresh Program. When the individuals are not legally married, the quarters can only be transferred beginning the date the couple started holding each other as spouses to the community to the present, regardless of their gender.

Eligibility based on Age:

65 years and above

This applies to eligible non-citizens who are 65 years and above. These individuals must have been lawfully residing in the U.S. on August 22, 1996.

18 years and under

This applies to an eligible non-citizen child 18 years and younger. The child may continue to be eligible for federal CalFresh when the child turns 18 years old if that child meets another condition of eligibility, such as having status as a qualified non-citizen for five years.  In addition, effective October 1, 2003, eligible children are exempt from all deeming requirements.

Eligibility based on Disability

Beginning October 2002, CalFresh eligibility was restored to all qualified non-citizens who are receiving disability-based assistance or benefits, regardless of when they entered the U.S.

Individuals are considered disabled for CalFresh purposes if they are receiving or certified to receive any of the following:

1.    Supplemental Security Income (SSI);

2.    Interim Assistance pending SSI;

3.    Social Security Disability;

4.    Federal or State Disability Retirement for permanent disability;

5.    Railroad Retirement Disability;

6.    Disability-related Medi-Cal;

7.    State or federal Supplemental Assistance;

8.    Disability-related General Relief benefits; or

9.    Disability-related Medi-Cal or CAPI – as long as their disability determination meets the SSI disability or blindness criteria.

Note:  An elderly person over 60 years old is not considered disabled, unless that individual is receiving any of the disability income in the categories described above.

Eligibility based on the Five-Year Residency Requirement

The Farm Security and Rural Investment Act of 2002, commonly referred to as the 2002 Farm Bill, restored federal CalFresh eligibility to legal non-citizens who have lived in the U.S. as qualified non-citizens for a period of five years or longer.  This change came into effect on April 1, 2003, and the five-year waiting period begins the date the non-citizen obtains status as a qualified non-citizen through the USCIS.  While it is possible for some refugees to have obtained a qualified non-citizen status prior to entering the U.S., these individuals are eligible upon entering the country, without the five-year wait, based on their refugee status.

In certain situations, USCIS may grant a non-citizen qualified status retroactively.  The retroactive time, which is the date the non-citizen obtains status as a qualified non-citizen, counts toward the five-year requirement. For example, a non-citizen applied for LPR status on September 16, 2015.  Her application was denied because her original birth certificate was not provided. The original certificate was found and submitted to USCIS on February 10, 2016. USCIS approved her case the same day and granted her qualified status retrospectively, beginning September 15, 2015, the application date.

Eligibility based on Military Connection

This applies to individuals who have served in any of the United States Military branches, such as the Army, Navy, Air Force, Marine Corps., Coast Guard (for at least 24 months or the period the person was called to active duty), or is an honorably discharged veteran whose discharge is not because of alien status. 

This category also includes the following persons:

1.    The spouse or surviving spouse who has not remarried; and

2.    Unmarried dependent children of these individuals (under age of 18, under 22 if a student, or 18 or older, if the child was/is disabled and a dependent prior to turning 18).

A discharge “Under Honorable Condition” does not meet this requirement.  This means that the military member’s service was satisfactory, but did not deserve the highest level of discharge for service (in most cases due to a minor misconduct).

Verification of U.S. Military Veteran or Active Duty

Verification of active duty can be established through the service member’s current Military identification Card or copy of the member’s military orders.  Verification of honorable discharge status can be established through the veteran’s discharge certificate, showing “Honorable” discharge from active duty in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard.” A discharge “Under Honorable Conditions” does not meet this requirement.

Non-Citizen Categories in More Detail

Non-Citizen Categories  

1.   Lawful Permanent Resident (LPR)

2.   Asylee under Section 208 of the INA

3.   Refugee admitted to the U.S. under Section 207 of the INA

4.   Parolee under Section 212(d)(5) of the INA for at least one year

5.   Withholding of Deportation/Cancellation of Removal

6.   Conditional Entrant under Section 203(a)(7)

7.   Cuban/Haitian entrant under Section 501(e)

8.   Battered Non-Citizens (VAWA)

9.  Victims of Trafficking under Section 207 of the INA or Other Serious Crime or Violence (T-Visas or U-Visas)

a.    Victims of Trafficking under Section 207 of the
 INA – T Visa

            b.  Victims of Other Serious Crime or Violence U-Visa

10. Amerasian Immigrants

11. Special Immigrants – Afghan and Iraqi

1.    Lawful Permanent Resident (LPR)

This status is granted to an individual who is lawfully admitted for permanent residency in the U.S. under the INA. These individuals have permission to work in the U.S. and can apply for U.S. naturalization when they meet certain conditions.  LPRs are qualified non-citizens but must meet one additional condition in order to be eligible for federal CalFresh benefits, such as having 40 qualifying work quarters or residing in the U.S. as an LPR for at least five years beginning on the date of entry.

Expired Permanent Resident Cards

Individuals who present expired Permanent Resident Cards, often called “green cards,” may still be eligible for benefits, if otherwise eligible.

Expired cards can only affect the cardholder’s ability to travel and work in the U.S.  Expiration of the card does not change the status of the cardholder’s lawful permanent residence status. CalFresh benefits will not be denied or terminated based on an expired permanent resident card. 

Note:   LPRs not eligible for Federal CalFresh need to be evaluated under CFAP. Please reference this separate document for a detailed explanation.

2.    Asylee under Section 208 of the INA

These are individuals already present in the U.S. who meet the requirements for refugee status because they fear persecution in their home country and can apply for asylum.  An asylee is an individual who has been granted asylum under Section 208 or 208(a) of the INA. Asylum must have been “Granted” for an individual to qualify for federal benefits without having to meet the additional condition for eligibility. Asylees are eligible from the date the asylum was granted. An asylee will generally have a written decision from USCIS or a letter from an immigration judge stating that asylum has been granted. Asylees are not sponsored non-citizens; they are qualified non-citizens.

Note: “Applying” or “Recommended” for asylum is not the

 same as having been granted asylum.  To be eligible for CalFresh, asylum must be granted.

Please reference the section on Asylee documents for a few examples.

3.    Refugee admitted to the U.S. under Section 207 of the INA

A refugee is an individual outside of the U.S. who has been given permission to come to the U.S. because he or she was persecuted or has a well-founded fear of being persecuted (on account of race, nationality, religion, political opinion, or membership of a particular social group) in his or her home country.  Typically, refugees are given this status before coming to the U.S. when they are temporarily located in another country.  A refugee is granted the right to live and work in the U.S. and after a one-year period may apply to become a LPR. 

Note:  If the refugee becomes an LPR, the individual retains their refugee status. No additional condition of eligibility is needed for LPRs who hold a refugee status.

Refugees may include the following Non-Citizens:

·         Orderly Departure Refugees

·         Amerasians

·         Public Sector Refugees

·         Private Funded Jewish Refugees

·         Cuban/Haitian Entrants

·         Mariel Cubans

·         Match Grant Refugees

·         “Paroled” as Refugees

·         “Paroled” as Asylees

Typical verification documentation for Refugees

1.    A stamp on the foreign passport or an I-94 showing admitted as “Refugee” under Section 207 of the INA;

2.    An I-551 (“green card”) showing specific codes.

Please reference the section titled Refugee documents for samples.

4.    Parolee under Section 212(d)(5) of the INA for at least

one year

Parolees are individuals who normally would not be admissible to the U.S. but are allowed to enter temporarily for humanitarian, medical, and legal reasons (usually under emergency circumstances). A grant of parole does not mean a formal admission to the U.S. It confers only temporary permission to be present in the U.S., requiring parolees to leave when the conditions supporting their parole cease to exist. These individuals are federally eligible only if their parole status is expected to last for at least one year or more.

Examples of some non-citizens entering the U.S. as parolees are:

·         Refugee or Cuban/Haitian Entrants

·         Humanitarian Parolees (HP)

·         Public Interest Parolee (PIP)

·         Lautenberg Parolee, AKA Specter Amendment

Typical verification documents for Parolees

·         A stamp on the foreign passport or a stamp on an I-94 showing INA code 212(d)(5). The stamp may also reference ‘humanitarian’ or PIP. The status must be granted for 1 year or more.

Please reference the Section titled  Parolee documents for samples.

Note:  Individuals who have been parolees for less than one year need to meet the additional condition of eligibility in order to receive Federal CalFresh.

5.    Withholding of Deportation/Cancellation of Removal

This status is granted to a non-citizen who proves he/she would be persecuted if returned to his or her country. However, this particular status does not lead to a granting of permanent U.S. residence. Additionally, in 1996, immigration law changed the name of this status from Withholding of Deportation to Cancellation of Removal.

A judge may order deportation withheld or cancellation of removal subject to either of these INA codes 243(h) or 241(b)(3). The date of order is also required for verification. Individuals with this status are qualified non-citizens and are eligible for federal CalFresh without the additional condition of eligibility.

Typical verification document for individuals with Withholding of Deportation or Cancellation of Removal status

·         Order from an Immigration Judge or USCIS granting withholding of deportation or cancellation of removal.

Please refer to the section titled Deportation Withheld or Cancellation of Removal for sample documents.

         6.     Conditional Entrant under Section 203(a)(7)

The provision of Public Law 89-236 for “Conditional Entrant” was the primary method of entry for refugees enacted in 1965 under Section 203(a)(7). This provision was abolished by the Refugee Act of 1980; however, there may be individuals with this documentation.  These individuals are considered qualified non-citizens but must meet a condition of eligibility in order to receive federal CalFresh.

Typical verification documents for Conditional Entrants

1.    I-94 indicating “Paroled as a Refugee”, or “Paroled as an Asylee.”

2.    A stamped I-94 or foreign passport showing admission under Section 203(a)(7) of the INA.

3.    I-688B annotated 274a. 12(a)(3).

4.    I-766 annotated A3.

Please reference the section titled Conditional Entrant for sample documents.

Note:  Conditional entrants under Section 203(a)(7) not eligible for federal CalFresh need to be evaluated under CFAP.  Please refer to this separate document for a detailed explanation.

7.    Cuban/Haitian entrant under Section 501(e)

Cuban or Haitian entrants under Section 501(e) of the Refugee Education Assistance Act of 1980 are considered qualified non-citizens.  In addition, Cuban medical professionals paroled under INA Section 212(d)(5) as Cuban/Haitian entrants are immediately eligible for federal CalFresh benefits. The spouse of the medical professional who is non-Cuban and is admitted as a parolee under Section 212(d)(5) of the INA may apply for LPR status after one year of residency in the U.S. 

Typical verification documents for Cuban/Haitian Entrants

·      A stamp on the foreign passport or an I-94 showing parole into the U.S. as “Cuban/Haitian Entrant” (Status Pending) dated on or after April 21, 1980, or referencing 212(d)(5).

8.    Battered Non-Citizens - Violence Against Women Act (VAWA)

VAWA participants can receive benefits pending the disposition of their petition for lawful status from USCIS. Section 431 of the PRWORA, provides qualified non-citizen status to non-citizens who have been subjected to battery or extreme cruelty in the U.S. by a family member with whom they reside. Qualified non-citizen status also extends to a non-citizen whose parent has been abused.  Additionally, this group of battered non-citizens is exempt from deeming requirements for a
12-month period. The exemption can be extended beyond the 12-month period, if the non-citizen demonstrates that the battery is recognized by a court, administrative order, or USCIS, and if the agency administering the benefits determines that the battery has a substantial connection to the need for benefits.

Qualified Non-Citizen status

In order to obtain qualified non-citizen status for federal benefits, the following conditions must be met:

1.    The battered non-citizen must show that he/she has an approved or pending petition which makes a prima facie case for immigration status in one of the following categories:

a.    Form I-130 filed by their spouse or the child’s parent;

b.    Form I-130 petition as a widow(er) of a U.S. citizen;

c.    An approved self-petition under the VAWA including those filed by a parent; or

d.    An application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

2.    The non-citizen, the non-citizen’s child, or the non-

citizen child’s parent has been abused in the U.S. under the following circumstances:

a.    The non-citizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the non-citizen, or by a member of the spouse’s or parent’s family residing in the same HH, if the spouse or parent consents to the battery or cruelty;

b.    The spouse’s or parent’s family residing in the same HH, if the spouse or parent consents to the battery or cruelty;

c.    The non-citizen’s child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the non-citizen,or by a member of the spouse’s or parent’s family residing in the same HH, if the spouse or parent consents to the battery or cruelty, and the non-citizen did not actively participate in the battery or cruelty; or

d.    The parent of a non-citizen child has been battered or subjected to extreme cruelty in the U.S. by the parent’s spouse, or by a member of the spouse’s family residing in the same HH as the parent, if the spouse consents to or tolerated such battery.

3.    There is a substantial connection between the battery or extreme cruelty and the need for CalFresh benefits.

4.    The battered non-citizen, child, or parent no longer reside in the same HH as the abuser.

Note:  The four conditions above only establish that the battered non-citizen is a qualified non-citizen. As such, the battered non-citizen (now qualified non-citizen) must meet one of the other conditions of eligibility, such as a five-year residency requirement or a legal permanent resident with 40 quarters of work, in order to be potentially eligible to federal CalFresh benefits. If the second condition is not met, then the individual may still be potentially eligible for state-funded CalFresh benefits.

The five-year period for battered non-citizens begins when the prima facie case determination is issued or when the abused non-citizen’s I-130 visa petition is approved. In making this determination, keep in mind that the relevant date for eligibility is the date the non-citizen obtained qualified non-citizen status as an abused immigrant, rather than the date of the individual’s immigration status, such as that of an LPR.

On December 11, 1997, the Department of Justice published in the Federal Register (62 FR 65285) guidance for making a determination as to whether a substantial connection exists between battery or extreme cruelty and the applicant’s need for public benefits. Examples in the guidance include the following situations in which benefits are needed:

1.    To enable the applicant and the applicant’s child or parent to become self-sufficient.

2.    To escape the abuser or community in which the abuser lives, or to ensure the safety of the applicant.

3.    Because of a loss of financial support, dwelling, or source of income due to separation from the abuser; to alleviate nutritional risk.

4.    For medical attention, mental health counseling, or because of a disability that resulted from the abuse.

Battered non-citizens may also be granted and provide verification for the following:

1.    Suspension of deportation and adjustment of status pursuant to Section 244(a)(3) of the INA as in effect prior to April 1, 1997; or

2.    Cancellation of removal pursuant to section 240A(b)(2) of the INA.

Note:  Battered non-citizens not eligible for federal CalFresh need to be evaluated under CFAP. Please refer to a separate release under CFAP for a detailed explanation.

9.    Victims of Trafficking under Section 207 of the INA or Other Serious Crime or Violence  (T-Visas or U-Visas)

Individuals who are determined to be victims of certain violent acts, such as battery, extreme cruelty, or trafficking, are provided special exceptions from the general restrictions governing non-citizens’ eligibility to CalFresh benefits.

a.     Definition of ‘Trafficking’ T-Visa

Under the “Trafficking Victims Protection Act of 2000” (P.L.

106-363), adult victims of trafficking who are certified by the United States Department of Health and Human Services (DHHS) are eligible for CalFresh benefits, as explained in detail in the section below, Certification of Trafficking.

Human trafficking is a form of modern-day slavery. Federal law defines in the Trafficking Victims Protection Act the term “severe forms of trafficking in persons” to mean:

1.    Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or the person induced to perform such act has not attained 18 years of age; or

2.    It also includes the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjecting the individual to involuntary servitude, peonage, debt bondage, or slavery.

Verification of T-Visa status

In determining eligibility for trafficking victims, it must first be determined the applicant’s trafficking status based on all relevant information provided. The applicant’s sworn statement via the PA-853 Affidavit, or as provided on the Declaration Under Penalty of Perjury is sufficient, if at least one item of additional evidence is provided, including, but not limited to:

1.    Police, government agency, or court records or files.

2.    News articles.

3.    Documentation from a social services, trafficking, or domestic violence program, or legal clinical, medical, or other professional from whom the applicant/participant has sought assistance in dealing with the crime.

4.    A statement from any other individual with knowledge of the circumstances who provided the basis for the claim;

5.    Physical evidence.

6.    A copy of a completed visa application.

7.    Written notice from USCIS of receipt of the T-Visa application.

If the individual cannot provide additional evidence, the applicant’s sworn statement shall be sufficient if it is determined that the applicant is credible.

In addition, the sworn statement must contain the applicant’s declaration that he/she is a victim of human trafficking. 

Verification of application for a T-Visa

The T-Visa was created for human trafficking victims to allow them to remain in the U.S. while they prepare for federal certification by the Office of Refugee Resettlement (ORR).  Trafficking victims apply for a T-Visa by submitting a Form I-914, Application for T Nonimmigrant Status, to USCIS. 

The following documentation can be used in determining whether an applicant has filed or is preparing to file for a T-Visa:

1.    A confirmation receipt or letter from USCIS verifying an application for a T-Visa has been filed;

2.    A copy of the application for a T-Visa (I-914);

3.    Statements from persons in official capacities (e.g., law enforcement officials or victims’ advocates) who have assisted or are assisting the victim with the T-Visa application; or

4.    If no documentation is available, the applicant’s statement that he/she has filed or intends to apply for a T-Visa, or is taking steps to become federally eligible (e.g., is working with a community-based agency to prepare to qualify for federal benefits) will be acceptable.

Note:  If the applicant provides proof that his/her T-Visa has been approved but no certification from the ORR (see below) has been obtained, then the applicant is eligible to State-funded CalFresh benefits.  Eligibility to federal CalFresh benefits is established with the certification from ORR.

Length of period for Approved T-Visas

The eligibility period for a T-Visa is three years. Exceptional circumstances may occur when the timely filing of an application for LPR status is still pending with the USCIS, or the applicant provided a Certification Letter from law enforcement stating that his/her presence is still needed in the investigation or prosecution of human trafficking. When continued presence is granted, this allows temporary status that delays/prevents deportation of the individual.  CalFresh benefits must not be automatically discontinued at the end of the visa eligibility period if exceptional circumstances exist. The life of the visa should not impact eligibility.  Instead, eligibility must be based on the results received by USCIS.  T-Visa holders must file for LPR status within 90 days from the date of the T-Visa’s approval by USCIS.

An applicant granted a T-Visa status can also apply for derivative status for certain family members, but the applicant must show that not granting derivative status to those family members would result in extreme hardship.  Family members, for purposes of derivative T status, include the spouse and children of the applicant. In addition, if the applicant is under the age of 21, he/she may apply for derivative status for his/her parents.

Certification of Trafficking

The Office of Refugee Resettlement (ORR) is an office of the DHHS that has been given the authority to certify that an individual is a victim of a severe form of trafficking.  The ORR will issue a certification to such individuals if they are willing to assist in every reasonable way with the investigation and prosecution of human traffickers; and:

1.    The individual has made a bona fide application to USCIS for a T-Visa and the application has not been denied; or

2.    The individual is a person for whom “continued presence” in the U.S. has been requested by law enforcement because he/she is willing to assist the U.S. Attorney General and/or other law enforcement agency in the prosecution of human traffickers.

Note:  Individuals with T-Visa status are not required to have a Social Security Number as part of the eligibility criteria.

Applicants in this category must submit their original certification letter from ORR.  Victims of a severe form (violent acts) of trafficking are not required to provide USCIS immigration documents to verify their status as these documents have already been provided to the ORR.

Note:  Children who are under 18 years of age and have been subject to trafficking are also eligible on the same basis as refugees, but do not need to be certified.  The ORR will instead issue a letter stating that the child is a victim of a severe form of trafficking and is eligible to benefits.

Note:  Those individuals Pending ORR certification will need to be evaluated under CFAP requirements.

b.    Definition of Domestic Violence and Other Serious Crimes – U-Visa

The U-Visa was designed for victims of certain crimes who have suffered mental and physical abuse as a result of the crime and are willing to assist law enforcement and government officials in the investigation of the criminal activity. U-Visa non-citizens must file for LPR status within 120 days from the date of the U-Visa’s approval by USCIS.

Federal law defines non-citizen victims of serious crimes as non-citizens who:

·      Have suffered substantial physical or mental abuse as a result of having been victims of criminal activity involving, or similar to, the following violations:

1.    Possess information concerning criminal activity (or in the case of a non-citizen child under the age of 16, the parent, guardian, or adult representing the child); or

2.    Have been helpful, are being helpful, or are likely to be helpful to a federal, state, or local law enforcement official, prosecutor or judge, or to the federal, state, or local authorities investigating or prosecuting criminal activities as described in section IV.A. above. In the case of a non-citizen child under the age of 16, the parent, guardian, or adult representative of the non-citizen child would be considered helpful.

Verification of Application for a U-Visa

Examples of documentation that can be provided as proof that the applicant has filed for a U-Visa include the following items:

1.    Statements from persons in official capacities (e.g., law enforcement officials or victim advocates) who have assisted or are assisting the applicant/participant with the application for a U-Visa; or

2.    U-Visa application, I-918;

Note:  Under no circumstance is staff to independently make a determination that an individual is or has been a victim of domestic violence or other serious crimes.  Once the applicant has provided proof that he/she has filed for a U-Visa, eligibility staff must accept this documentation as enough evidence that the individual has been or is a victim of domestic violence or other serious crime. Staff is not to ask the applicant for a statement regarding the circumstance of his/her victimization, nor request the applicant to produce a letter from his/her attorney confirming that the applicant is a victim of domestic violence or other serious crimes.

Length of period for U-Visas

The eligibility period for a U-Visa is four years. Exceptional circumstances may occur when the timely filing of an application for LPR status is still pending with the USCIS, or the applicant provided a Certification Letter from law enforcement stating that his/her presence is still needed in the investigation or prosecution of serious crimes perpetrators. When continued presence is granted, this allows temporary status that delays/prevents deportation of the individual. CalFresh benefits must not be automatically discontinued at the end of the visa eligibility period if exceptional circumstances exist.  The life of the visa should not impact eligibility. Instead, eligibility must be based on the results received by USCIS.

An applicant granted U-Visa status can also apply for derivative status for certain family members, but the applicant must show that not granting derivative status to those family members would result in extreme hardship. Family members, for purposes of derivative U status, include the spouse and children of the applicant.  In addition, if the applicant is under the age of 21, he/she may apply for derivative status for his/her parents. 

Note:  Individuals with U-Visa status are not required to have a Social Security Number as part of the eligibility criteria.

Note:  Victims of Serious Crimes or Violence (U-Visa) holders need to be evaluated under CFAP. Please refer to the separate document on CFAP benefits requirements.

10. Amerasian Immigrants

This status applies to individuals admitted under Section 584 of the Public Law 202, as amended by Public Law 100-461.  Amerasian is a term broadly used to refer to children of Asian heritage, born of a U.S. citizen father. The children must have been born in Korea, Vietnam, Laos, Cambodia, or Thailand after 1950 and before October 22, 1982.

Amerasians born in Vietnam after January 1, 1962, and before January 1, 1976, are admitted as LPRs and treated as refugees. If they are otherwise eligible, they can receive federal CalFresh benefits as of the date of admission.

Typical verification documents for Amerasians

·      A stamp on their foreign passport or I-94 showing specific codes.

11. Special Immigrants – Afghan and Iraqi

Displaced persons from Iraq and Afghanistan were admitted to the U.S. with Special Immigrant Visas (SIVs). These displaced individuals were employed by or assisted the U.S. Armed Forces with translation and interpreter services to the U.S. Government.

On December 19, 2009, the Department of Defense Appropriations Act of 2010 (Section 8120, Public Law 111-118) was enacted making these individuals eligible for federal public benefits to the same extent as refugees- without a time limit. 

Afghan non-citizens must provide proof that they have been admitted under Section 101(a)(27) of the INA.

Note:  Afghan and Iraqi special immigrants who have adjusted status and are holders of an I-551, or “green card” are to be treated as refugees, hence no additional condition of eligibility is needed.

Change in Immigration Status/

Certification

Once an individual’s immigration status changes, eligibility must be re-evaluated.  For example, if a victim of trafficking is currently being aided under CFAP and he/she gets ORR certified, he/she is now eligible under federal CalFresh and his/her status must be properly updated in order to grant correct funding. Conversion of benefits from state funds to federal funds will not require a new application to be taken if the original application is on file and current; rather, the State-funded benefits and services shall be discontinued with a timely Notice of Action (NOA) and federal benefits and services approved. At no time should there be a break-in-aid.

Non-Citizen Exceptions List

The non-citizen categories below do not need a condition for eligibility (the second requirement above) and are eligible for federal CalFresh on the same basis as citizens:

1.    Asylees granted status under Section 208 of the INA;

2.    Refugees admitted to the U.S. under Section 207 of the INA;

3.    Parolees under Section 212(d)(5) of the INA for at least

one year;

4.    Individuals granted Deportation Withheld or

Cancellation of Removal;

5.    Cuban/Haitian Entrants under Section 501(e) of the

Refugee Education Assistance Act of 1980;

      6.   Trafficking Victims under Section 207 of the INA;

      7.   Amerasian immigrants admitted under Section 584 of the Public Law 202, as amended by Public Law 100-461.

Non-Citizen Categories that are Ineligible for CalFresh

The following non-citizens are prohibited from receiving CalFresh benefits under any circumstances:

1.    Lawfully residing in the U.S., but have not met the qualified non-citizens status or any of the conditions that allow qualified non-citizens to receive CalFresh, as determined by the USCIS (for example, individuals with student visas, visitor visas, and non-citizens who have not been in the U.S. for five years); or

2.    Undocumented non-citizens.

Verification of Immigration Status

What are the applicant’s responsibilities for providing proof of immigration status?

Non-citizens who have entered the U.S. legally must have documents issued by USCIS.  These documents contain information about that individual’s immigration status, and the date that individual entered the country or adjusted to the status shown on the document. The type of document provided will vary according to the type of immigration category the individual falls under.  Section ‘Verification Documents provides examples of the different documents available according to the type of immigration status of the individual.

In general, it is the responsibility of the applicant/participant to provide these USCIS documents. Until acceptable documentation is provided, the non-citizen is ineligible for CalFresh unless:

1.    The County has submitted a copy of the provided document to USCIS for verification. Pending such verification, the County cannot deny, delay, reduce or terminate the individual’s eligibility for CalFresh on the basis of immigrant status.

2.    The individual provides documentation that the Social Security Administration (SSA) is conducting an investigation to determine if more quarters of work coverage can be credited.  In this situation, the County must certify the individual, pending the results of the investigation, for up to six months from the date of the original determination of insufficient quarters.

3.    The applicant or the County has submitted a request to a federal agency (other than the USCIS) for verification of information applicable to the individual’s immigration status.  In this situation, the County must certify the individual, pending the results of the investigation, for up to six months from the date of the original request for verification.

The County is responsible for verifying immigration status of individuals who are applying for CalFresh benefits.  The County may not require applicants to provide information about citizenship, or immigration status of any non-applicant family or HH member, or deny benefits to an applicant because a non-applicant family or HH member has not disclosed his or her citizenship or immigrant status.

The HH refuses to verify their immigration status with USCIS

If a non-citizen does not want the County to contact USCIS about his/her status, the County must give the HH the option of withdrawing its application or participating without that member (the member has the option of opting-out of CalFresh). Staff must not continue efforts to obtain such documentation. Instead, the case will continue without that individual. HH members who opt-out will be considered excluded HH members when they do not want to disclose their immigration status or do not want to provide other information about their citizenship, immigration status, or Social Security Number (SSN).

These excluded HH members will not receive CalFresh benefits, but they must still disclose their income and other information, so that the County can use this to determine eligibility and benefit amount for the remaining eligible HH members.

Verification of U.S. Citizenship

Valid verifications of citizenship are birth certificates, a certificate of naturalization, or a U.S. passport. When an applicant cannot provide acceptable verification of U.S. Citizenship or national status (such as a U.S. birth certificate or documents issued by USCIS, Certificate of Citizenship – N-550 or N-570, or Certificate of Naturalization – N-550 or N-570), and the HH can provide a reasonable explanation for the lack of verification, the County must accept a signed statement under penalty of perjury from a third party indicating a reasonable basis for personal knowledge that the individual in question is a U.S. citizen or national.

Date of Entry (DOE)

Verification of Date of Entry (DOE) is mandatory for all legal non-citizens and refugees. This information is used to determine whether an individual is eligible for federally-funded CalFresh or State-funded CalFresh.  Non-citizen applicants should not be denied CalFresh on the basis of failure to provide a document listing the DOE.  County can verify the non-citizen applicant’s DOE by submitting verification request to USCIS.

State-Funded CalFresh

In 1999, the State of California passed a law that allows non-citizens who were made ineligible for federal CalFresh, due solely to their immigration status, to receive State-funded CalFresh benefits from the California Food Assistance Program (CFAP).

Below is a short list of non-citizens who are eligible for CFAP:

1.    Battered non-citizens who are not eligible under the federal CalFresh Program;

2.    Some legal non-citizens who have not lived up to five years in the U.S.;

3.    Trafficking victims waiting to be certified by the Department of Health and Human Services (DHHS); and

4.    Sponsored non-citizens who entered the U.S. on or after August 22, 1996, and whose sponsor is deceased, disabled, or abusive.

Sponsored Non-Citizens

A sponsored non-citizen is someone who is admitted to the U.S. with the condition that another individual or group will support him/her financially in an effort to keep him/her from receiving public benefits. The sponsor signs an Affidavit of Support, I-864 or I-864a confirming his/her responsibility. A sponsor’s income and resources will be used to determine CalFresh benefits in the event that a sponsored non-citizen applies for benefits.

Public Charge

According to USCIS, “public charge” means a non-citizen who has become or who is likely to become primarily dependent on the government for support or survival. A non-citizen who is likely at any time to become a “public charge,” is ineligible for admission into the U.S. or adjustment of status to become a lawful permanent resident and may, in very rare instances, face deportation. Both USCIS and the Department of State make public charge determinations.

For information on public charge, eligibility staff should refer the public to Los Angeles County Office of Immigrant Affairs at (800) 593 – 8222, or web address at:

https://oia.lacounty.gov

Eligibility staff is to share this information at Intake and recertification to help the applicant/participant obtain information on public charge rule.

Category

Acceptable Documents

Citizenship

Birth Certificate

Certificate of Naturalization N-550 or N-570

Certificate of Citizenship N-560 or N-561

Passport Card

U.S. Passport

LPR Status

Typical verification documents for LPRs

1.    Form I-551 – Permanent Resident Card, formerly known as the Alien Registration Card or Alien Registration Receipt (I-151), also most commonly known as the ‘green card’;

2.    Unexpired stamp on a foreign passport indicating ‘Temporary  I-551 status’;

3.    I-94 that states “Processed I-551.  Temporary evidence of lawful admission for permanent residence valid until ___________________.  Employment authorized; or

4.    I-327 “Re-entry Permit,” which is given to an LPR when traveling outside of the U.S. for an extended period of time.

Visa Document indicating LPR status until the I-551 arrives

I-551 from newest to oldest versions (All valid)

May2010

November 2004

December 1997

January 1992

August 1989

 January 1977

I-151s

These were issued when LPR status was granted prior to 1979.  As of March 20, 1996, the I-151 is no longer acceptable as evidence of legal residence status.

Trafficking Victims

ORR Certification Letter

Battered Non-Citizens

I-797 Establishing Prima Facie

Cuban/Haitian Entrant

I-94

Shown in front of I-94

Refugee

I-94 Arrival/Departure Record

Shown in Front of I-94

I-571 Refugee Travel Document

Asylee

Typical verification documentation for Asylees:

1.    A stamp on the foreign passport or an I-94 showing admitted as “Asylee” under Section 208 of the INA;

2.    An order from an Immigration Judge granting Asylum under Section 208;

3.    An Asylum approval letter USCIS Asylum Office stating asylum approved pursuant to Section 208 of the INA; or

4.    An I-551 (“green card”) showing specific codes.

I-94 Arrival/Departure Record

Shown in front of I-94

Parolee

I-194 Arrival/Departure Record

Paroled for 1 year or more = Stamp showing 212(d)(5). May say “humanitarian” or “PIP” (Public Interest Parolee). Must be granted for 1 year or more.

Cancellation of Removal or Deportation

Order of an Immigration Judge

40 Quarters

Social Security Statement

Iraqi or Afghan Special Immigrants

Foreign Passport with SI1 Category Code

Special Immigrant-Juvenile