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CalWORKs
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42-431.22 Battered Noncitizens
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Purpose
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( ) To release a new policy
( ) To release a new form
(X) To convert existing policy to new writing style only – No concept changes
( ) Revision of existing policy and/or form(s)
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Policy
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Certain battered noncitizens are eligible for CalWORKs. This includes battered noncitizen applicants/participants with:
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Violence Against Women Act (VAWA) self-petitions;
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Family-based petitions;
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Self-petitions by widowers of United States (U.S.) citizens; and
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Cancellation of Removal/Suspension of Deportation petitions.
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Applicants/participants identified as victims of domestic abuse must be referred to Specialized Supportive Services (SSS) staff to ensure all current Domestic Violence (DV) case protocols are followed.
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Background
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In 1994 VAWA was passed by Congress to allow an abused noncitizen spouse or child of a U.S. citizen or Legal Permanent Resident (LPR) to apply directly (self-petition) to the United States Citizenship and Immigration Services (USCIS) on their own behalf for lawful immigration status. Prior to VAWA, only a U.S. citizen or an LPR could petition to USCIS for their noncitizen spouses or children to become LPRs.
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Definitions
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Term
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Definition/Description
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EOIR
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Executive Office for Immigration Review.
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Noncitizen
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An individual not born in or under jurisdiction of the U.S. and who has not become a citizen through naturalization, acquisition, or derivation.
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LPR
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Legal Permanent Resident.
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Pending Petition
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A petition that has been submitted to USCIS and a final decision has not yet been provided.
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Prima Facie Case
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USCIS has made a preliminary review and has determined that based on the face value of the evidence, the case appears to be valid.
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PRUCOL
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Permanently Residing Under Color of Law. PRUCOL is a category that was created by the courts and is a public benefits eligibility category. PRUCOL is not recognized as an immigration status by USCIS.
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USCIS
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United States Citizenship and Immigration Services (formerly Immigration and Naturalization Service [INS]).
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VAWA
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Violence Against Women Act – Allows abused noncitizen spouse or child of a U.S. citizen or LPR to apply directly on his/her behalf, for lawful immigration status without the assistance of the abusive spouse or parent.
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Requirements
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Battered noncitizens are eligible for CalWORKs when they meet the following requirements:
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Category
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Requirement/Condition
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VAWA Self-Petition
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To qualify, VAWA self-petitioners only need to establish that they have a pending (prima facie determination) self-petition.
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Self-Petition by Widow(er)
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To qualify as a widow(er), DV individuals need to establish that they have an approved petition. The application form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is the same one used by VAWA petitioners, but indicates that they are a widow(er) on the notice.
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Family-Based Petitions
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To qualify through a family-based petition, DV individuals need to establish that they have an approved family-based petition that shows they meet the relationship condition requirements. Relationship condition requirements are:
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Spouses of U.S. citizens or LPRs;
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Unmarried children (under 21 years old) of U.S. citizens or LPRs; or
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Unmarried children (age 21 or older) of LPRs.
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Cancellation of Removal/Suspension of Deportation
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DV noncitizens who are undergoing deportation proceedings can petition to the EOIR immigration courts for cancellation of removal/suspension of deportation as a battered noncitizen.
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Derivative Beneficiaries
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USCIS documents that indicate an approved petition or prima facie determination will reference principal beneficiaries only and not derivative beneficiaries. Derivative beneficiaries are unmarried children under the age of 21. Derivative beneficiaries who are referenced on the petition request but are not indicated on the USCIS approval document or the prima facie notice are eligible for the same benefits as the principal beneficiary.
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Requirement
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Limit/Condition
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Time Limits
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CalWORKs time limit is 48 months for adults (there is no limit for children). However, a time limit exemption/extender is applied automatically when a participant is granted a DV waiver of program requirements.
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GAIN
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Battered noncitizens will be eligible to employment services via GAIN Welfare-to-Work (WtW) or Refugee Employment Program (REP). This includes SSS for treatment for DV, mental health, and substance abuse.
USCIS Employment Authorization
An Employment Authorization Document (EAD), also known as a work permit, authorizes a noncitizen to work in the U.S. for a period of time, usually one year. An EAD may be granted in some instances by USCIS to battered noncitizens with approved petitions.
U.S. employers must verify that employees, regardless of citizenship or national origin, are authorized to work in the U.S. With an EAD, a noncitizen may legally work in the U.S. for any employer until the EAD expiration date is reached.
Some battered noncitizens may have been issued an EAD based on the status of their petition.
The following applicants/participants will not be work-authorized by USCIS:
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A person who is in the U.S. with no legal immigration status; and
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A person who is in the U.S. with a nonimmigrant status on a temporary basis, such as for tourism or study, may or may not be work-authorized.
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The Eligibility Worker (EW) must ask the applicant/participant if they are authorized to work in the U.S. Once a person has entered the U.S. with a nonimmigrant status, he/she is usually restricted to the activity or reason for which he/she was allowed entry into the country.
If battered noncitizen participants are not work-authorized, they cannot legally work in the U.S. and employment-directed training and education must be appropriate to this situation.
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Battered noncitizen participants must not be required to participate in job search activities, nor should they be referred to the Employment Development Department.
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If the participant is not work-authorized, appropriate employment activities must be identified to assist the participant in preparing for future employment, such as English language training, job skills development, or job specific training.
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An exemption may be granted if a battered noncitizen participant has physical or psychological trauma related to or arising from the victimization that impedes his/her ability to comply with GAIN/REP activities. A physician must provide written verification specifying that the illness or injury is serious enough to temporarily prevent his/her participation in the program.
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Social Security Number (SSN)
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The SSN requirements apply to applicants/participants receiving CalWORKs. However, battered noncitizens may not yet have or may not be able to obtain an SSN for work purposes. These individuals should be assisted in obtaining a non-work SSN by providing them with a PA 4013, Non-Work Social Security Number Referral Letter. See Form Instructions PA 4013, Non-Work Social Security Number Referral Letter for more information.
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Systematic Alien Verification for Entitlements (SAVE)
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The SAVE System does not always contain information about battered noncitizens and should not be used to confirm eligibility for benefits.
Some battered noncitizens applicants have entered the country legally with nonimmigrant status and a visa (e.g., a student or a tourist visa). These individuals will be in the SAVE System. However, if a battered noncitizen VAWA applicant has a prima facie determination, it is possible that his/her information may not be in the SAVE System.
Benefits cannot be denied to individuals whose status cannot be verified if they are otherwise eligible.
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Verification Documents
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Individuals applying as a battered noncitizen must have a petition filed with USCIS or EOIR. The chart below provides a description of the various petitions and acceptable verification/documentation:
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Description
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Acceptable Documentation
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VAWA Self-Petitions
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USCIS I-797 or I-797C, Notice of Action, showing:
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I-360, Establishment of Prima Facie Case
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I-360, Approval Self-Petitioning Spouse
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Notice of Dependent Children
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Notice of Deferred Action
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When only an I-360, Receipt Notice, Self-Petitioning Spouse, is available or if the notice states that it is valid up to 150 days, the case should not be denied/discontinued. Verification of the approved or pending (prima facie) status must be obtained online at http://www.uscis.gov or by calling toll-fee at (800) 375-5283.
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Self-Petition by Widow(er)
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The individual gives a sworn statement that he/she is a victim of DV, AND
USCIS I-797 or the I-797C showing I-360, Approval Notice based on the status as a widow(er).
When only an I-360, Receipt Notice, Self-Petitioning Widow(er) is available, the case should not be denied/discontinued. Verification of the approved status must be verified online at http://www.uscis.gov or by calling toll-free at (800) 375-5283.
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Family-Based Petitions
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The individual gives a sworn statement that he/she is a victim of DV, AND
USCIS I-797 showing I-130, Approval Notice and contain the following relationship information:
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Husbands or wives of U.S. citizens or LPRs;
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Unmarried children under 21 years old of U.S. citizens or LPRs; or
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Unmarried sons or daughters age 21 or older of LPRs.
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If only an I-130, Receipt Notice or cash register receipt or any other evidence that establishes the filing of an I-130 is available, the approved status must be verified at http://www.uscis.gov or by calling toll-free at (800) 375-5283.
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Cancellation of Removal/Suspension of Deportation
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An approved petition is one in which a final court order or notice from an Immigration Judge, Board of Immigration Appeals, or a federal court granting a cancellation of removal or suspension of deportation is issued.
If only a cash register receipt for EOIR-40, Application for Suspension of Deportation, or EOIR-42, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, or first page of EOIR-40 or EOIR-42 with a fee stamp is available, the approved status must be verified by calling EOIR toll-free at (800) 898-7180.
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After the petition has been filed, the applicant/participant may have any of the following from USCIS:
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Form
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Letter Content/Description
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Eligible to CalWORKs
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I-797 or
I-797C
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Indicates filing of the I-360 petition. This is not sufficient evidence of pending status as a battered noncitizen. Within three weeks, USCIS will send an additional notice. The status of the petition should be checked online to ensure it indicates an approved or pending status. See Procedures Section for more information.
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Indicates “Establishment of Prima Facie Case.” The case type is “I-360 Petition for Amerasian, Widow(er) or Special Immigrant.” This is sufficient evidence of pending status as a battered noncitizen. The status of the petition should be obtained online. See Procedures Section for more information.
If the establishment of the prima facie case is not re-issued or extended, the case may have been denied by USCIS.
Note: This verification is issued to VAWA petitioners only.
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Yes
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Stating "Receipt Notice," the receipt shows the applicant paid for case type “I-360 Petition for Amerasian, Widow(er), or Special Immigrant” or the “I-130 Petition for an Alien Relative.” This is not sufficient evidence of pending status as a battered noncitizen. The status of the petition should be checked online to ensure it indicates that an approved or pending petition. See Procedures Section for more information.
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No
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Stating the notice type is an "Approval Notice," which means the applicant/participant is a battered noncitizen and is eligible. The notice may indicate a deferred action that does not affect the approval status even if the time period has expired, unless the Vermont Service Center has indicated the deferred action has been revoked.
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Yes
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Stating the notice type is a "Denial Notice," which means the applicant's/participant's petition has been denied.
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No
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Letter from Immigration Judge or from the Board of Immigration Appeals
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Giving approval of status or establishing a prima facie case; or
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Granting Suspension of Deportation under Section 244(a)(3) of the Immigration Naturalization Act (INA) as in effect prior to April 1, 1997 or Cancellation of Removal under Section 240(b)(2) of the INA.
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Yes
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