42-431_2 Noncitizen Status

.Purpose

Policy

Background

Release Date:

05/11/2020

Definitions

Requirements

Verification Docs

CalWORKs

42-431.2 Noncitizen Status

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?

To include a Public Charge informational flyer that was developed by County Counsel and Office of Immigrant Affairs and the Los Angeles County Office of Immigrant Affair's website that includes a listing of legal resources; and

Removed references to the following Call-Outs:

o	MCP 17-18 – Addressing Customer Concerns Regarding the Affordable Care Act (ACA) and Eligibility for Immigrants Under Other Programs Administered By The Department ; and
o	MCP 16-14 How to Guide – Update Citizenship and Immigration Status in LRS.

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

Policy

To be eligible for CalWORKs a noncitizen applicant must be a California resident who meets the definition of a qualified noncitizen. These individuals are eligible to federal and/or State and County-funded benefits based on their immigration status and/or their Date of Entry (DOE).

Background

Assembly Bill 1542 California Work Opportunity and Responsibility to Kids (CalWORKs) effective January 1, 1998, allows immigrants meeting the definition of a qualified noncitizen to receive CalWORKs benefits. Qualified noncitizens who are not federally eligible may receive State and County-funded benefits for the first five years from their DOE, provided they meet all other eligibility requirements.

*For purposes of this release, reference to “CalWORKs” refers to CalWORKs benefits other than “Trafficking and Crime Victims Assistance Program (TCVAP) CalWORKs.”

Definitions

Term

Definition/Description

Noncitizen

A noncitizen is defined as an individual who is not a citizen or national of the United States (U.S.). Previously, the term alien was used to refer to noncitizens.

Noncitizens must be assessed to determine if they are “qualified” or “not qualified" for benefits. Qualified noncitizens are eligible for CalWORKs benefits while not qualified noncitizens are not eligible.

Eligible Noncitizens

Noncitizens eligible for CalWORKs include but may not be limited to noncitizens with the following immigration status:

·	Legal Permanent Resident (LPR);
·	Person defined as a Refugee for benefit eligibility purposes;
·	Battered noncitizen; and
·	Special Immigrant Visa (SIV) for Iraqi and Afghan Individuals.

These individuals are referred to as qualified noncitizens.

Eligibility staff should contact CalWORKs Program when unsure if the noncitizen’s immigration status qualifies them for CalWORKs.

Note: An individual who is eligible for “TCVAP CalWORKs” is not eligible for CalWORKs.

Note: Authorization to work does not mean the person is eligible for CalWORKs benefits, they must have other clarifying documents that support an eligible noncitizen status.

Ineligible Noncitizens

Noncitizens who are not eligible to CalWORKs include but are not limited to:

·	A noncitizen who declares or presents documentation that they are lawfully present for temporary residence (e.g., visitor whose period of admission has not expired);
·	Tourists;
·	Foreign students;
·	Temporary Protected Status;
·	Persons granted “Voluntary Departure” or “Stay of Deportation” for less than one year; and
·	Undocumented individuals.

These individuals are referred to as not qualified noncitizens.

Eligibility staff should contact CalWORKs Program when unsure if the noncitizen’s immigration status qualifies them for CalWORKs.

LPR

LPRs are noncitizens who are lawfully admitted for permanent residence by the United States Citizenship and Immigration Services (USCIS). These noncitizens may have also entered the country with an immigrant visa or adjusted their status after entering as a non-immigrant, Refugee, or Asylee.

LPRs:

·	Have permission to live and work permanently in the U.S.;
·	Can travel outside of the U.S. and return, as long as they do not abandon their U.S. residence;
·	Can apply for naturalization to become a U.S. citizen after five years (three years if married to a U.S. citizen); and
·	Are eligible to bring family members to reside in the country.

All LPRs are considered qualified noncitizens and are eligible to CalWORKs benefits provided they meet all other CalWORKs eligibility requirements.

LPR status for CalWORKs eligibility purposes does not expire, even if the I-94, Arrival/Departure Record or I-551, Permanent Resident Card has reached an expiration date. As long as the Systematic Alien Verification for Entitlements (SAVE) response does not indicate the noncitizen is under order of deportation, the LPR status remains.

Therefore, an expired I-551 card is acceptable to establish LPR status so long as SAVE confirms the information. In addition, the expired I-551 card can be used to satisfy the photo identification (ID) requirement (in-person) for CalWORKs.

See 40-131 Photo Identification In-Person Requirement for more information.

Refugee

The following qualified noncitizens are defined as Refugees for benefit eligibility purposes and are eligible for CalWORKs provided they meet all other CalWORKs eligibility requirements:

·	Paroled as a Refugee or Asylee – Section 212(d)(5) of the Immigration Nationalization Act (INA);
·	Cuban or Haitian Entrant – Section 501(e);
·	Refugee – Section 207 of the INA;
·	Granted asylum. An Asylee is a person who meets the requirements for refugee status but has been granted asylum while already present in the U.S.;
·	Trafficking victims certified by the Office of Refugee Resettlement (ORR);
·	Eligible family member of a certified trafficking victim;
·	Amerasian - Section 402(a)(2)(A)(i)(V) of the INA;
·	Central American Minor;
·	Cuban Parolee; pending 240 hearing, INA Code Section 212(d)(5); or
·	LPR but must have previously held one of the statuses identified above.

Refugees are to be initially evaluated for eligibility to CalWORKs. If there is no eligibility for CalWORKs, the Refugee must be evaluated for eligibility to Refugee Cash Assistance (RCA).

RCA

RCA is federally-funded cash aid for persons defined as Refugees. RCA is limited to eight months from the DOE.

RCA cases may include single adults who do not have children, married couples who do not have children, and families with children who do not meet the CalWORKs requirements.

Detailed policy and procedures for RCA are found in Administrative Release (AR) 69-200 Refugee Cash Assistance.

Battered Noncitizens

The following qualified noncitizens are defined as battered noncitizens and are eligible for CalWORKs provided they meet all other CalWORKs eligibility requirements:

·	Violence Against Women Act (VAWA) self-petitioners and derivative beneficiaries;
·	Family-based petitioners;
·	Self-petitions by widowers of U.S. citizens; and
·	Cancellation of Removal/Suspension of Deportation petitioners.

Detailed policy and procedures for battered noncitizens are found in AR 42-431.22 Battered Noncitizens.

Note: Applicants/Participants identified as victims of Domestic Violence (DV) must be referred to Specialized Supportive Services (SSS) staff to ensure all current DV case protocols are followed.

SIV Holders

The following qualified noncitizens are defined as SIV holders and are eligible to CalWORKs provided all other eligibility requirements are met:

·	Iraqis/Afghans who have been admitted to the U.S. with an SIV. They are displaced persons/families from Iraq and Afghanistan who were employed by or assisted the U.S. Armed Forces with translation and interpreter services.

DOE

The correct DOE must be determined for all qualified noncitizens and entered in the system to provide the correct CalWORKs aid code and benefit funding source(s). A DOE:

·	Cannot be verbally reported; and
·	May not be reflected on any of the following USCIS documents:
	o	I-688B, Employment Authorization Card (obsolete); or
	o	I-766, Employment Authorization Document.

Qualified Noncitizen

Description of DOE

Person defined as a Refugee for benefit eligibility purposes

The DOE is on the USCIS Form I-94, Arrival/Departure Record. With the following exceptions:

·	The DOE for Asylees is the date asylum was granted and is found on other USCIS documentation.

For Certified trafficking victims and eligible family members:

The DOE is the “certification date” in the body of the certification letter or letter for children.

For eligible family members, the DOE is the date of the I-797a Approval Notice for the individual’s Derivative T Visa or the date of entry stamped on the individual’s passport or I-94, Arrival Departure Record.

LPR

The DOE is the date of the noncitizen’s admission as an LPR by USCIS and is referred to as the Date of Adjustment. It is usually on the I-551 card.

Note: This does not apply to LPRs who previously held a status of a person defined as a Refugee for benefit eligibility purposes. In this instance the DOE should not be modified in the system when the individual adjusts their status to LPR. Updating the DOE in the system impacts their eligibility for Refugee Employment Program (REP) services which are available for up to five years from the DOE.

Battered Noncitizen

The DOE for a battered noncitizen is the date the prima facie case determination is issued or when the noncitizen’s 1-130 visa petition is approved.

SIV for Iraqi and Afghan Individuals

The DOE is on the USCIS Form I-94, Arrival/Departure Record.

Importance of Identifying Immigration Status and DOE

Cases where all Assistance Unit (AU) members are qualified noncitizens are not eligible to federal funding for the first five years from their DOE unless they meet an exception. These cases are eligible to State and County funding only during this time. After the first five years from their DOE, they can receive federally-funded CalWORKs benefits in combination with State and County funds.

Cases where there is a mixture of AU members who are qualified noncitizens and U.S. citizens are eligible to receive funding from all three sources, federal, State, and County simultaneously.

Given the impact to funding, noncitizen applicants must be evaluated to determine whether they are:

Ø	Qualified or not qualified; and
Ø	Whether they are within their first five years from their DOE.

Accurate identification in the system of the noncitizen’s immigration status and DOE is critical. The immigration status and DOE must be correctly determined and updated in the system so that the system applies the correct aid code and funding source(s).

Note: A determination must also be made whether the noncitizen was sponsored so that any deemed income and resources from the sponsor are used in the CalWORKs benefit calculation.

Noncitizen Description

Can Receive Federal Benefits During First Five Years?

Qualified noncitizens who entered the U.S. on or after August 22, 1996, and are not exempt from the five-year ban from federal benefits (as listed below) are eligible to State-funded CalWORKs and County benefits for the first five years from their DOE.

Note: Once noncitizens obtain U.S. citizenship or have resided in the U.S. for five years from their DOE, they are eligible to federally-funded CalWORKs benefits.

(Only State/County- funded CalWORKs during first five years)

Qualified noncitizens who entered on or after August 22, 1996, and have the following immigration status are considered to have an “exemption” to the five-year ban from federal benefits:

·	Refugees;
·	Asylees;
·	Noncitizens granted a withholding of deportation;
·	Cuban-Haitian Entrants;
·	Amerasians;
·	U.S. Veteran (with qualified noncitizen status): a. Honorable discharge and meets minimum active-duty service; b. Active duty (does not include full-time National Guard); or c. Spouse or unmarried child of a U.S. Veteran a. or b., or the un-remarried surviving spouse of a. or b.;
·	LPR with 40 work quarters.

Note: Qualified noncitizens who entered the U.S. on or before August 21, 1996, are not subject to the five-year ban from federal benefits.

Yes

Not qualified noncitizens are ineligible for CalWORKs benefits. Not qualified noncitizens include all noncitizens who do not fall within the qualified noncitizen categories.

(Ineligible for CalWORKs benefits, [federal, State or County])

Forty Qualifying Work Quarters

LPRs who enter the country on or after August 22, 1996, must have 40 qualifying work quarters to be eligible to federally-funded benefits during the first five years from their DOE.

Sponsored noncitizens are also no longer subject to the CalWORKs sponsor deeming requirements when they achieve 40 qualifying work quarters. See the Procedures Section for additional information.

Application Forms

Forms used in CalWORKs to declare noncitizen status include:

·	SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs;
·	CW 8, Statement of Facts for an Additional Person;
·	CW 8A, Statement of Facts to Add a Child under Age 16; and
·	MC 13, Statement of Citizenship, Alienage, and Immigration Status.

Alien Registration “A” Number

This “A” number references an individual’s file with USCIS. Each “A” number is unique to each person, even minors and infants. The number contains seven, eight, or nine digits preceded by the letter “A.”

SAVE

USCIS has designated SAVE as the system used to verify each noncitizen’s immigration status.

A SAVE verification may be requested via the Primary or Secondary verification process. See the Procedures Section for additional information.

Exceptions

Exceptions to the SAVE verification requirements:

SAVE is not initiated for restricted Medi-Cal benefits; and

RCA and General Relief (GR) applicants or recipients are excluded from SAVE; however, if the RCA or GR cash case contains CalFresh, SAVE must be completed.

Information Not In SAVE

The SAVE System does not always contain information about noncitizens. Some noncitizen applicants have entered the country legally (e.g., LPR sponsored by a relative in the U.S.) and will be in the SAVE System; however, there are instances when the noncitizen will not be in the SAVE System. For example, if a noncitizen VAWA applicant has a prima facie determination, it is possible that their information may not be in the SAVE System. Benefits cannot be denied to individuals whose status cannot be verified if they are otherwise eligible.

Deeming

Deeming is when the income and resources of a sponsor are added to those of the noncitizen when determining eligibility for CalWORKs. The noncitizen is referred to as a sponsored noncitizen.

Sponsored Noncitizens

A sponsored noncitizen is a noncitizen for whom a sponsor has completed an I-864, Affidavit of Support, on or after December 19, 1997. The I-864 legally holds the sponsor financially responsible for the noncitizen.

Note: Sponsored noncitizens with an I-134, Affidavit of Support, are not subject to the CalWORKs sponsor deeming rules. The I-134 was in effect prior to December 19, 1997, and is not legally-binding.

At Intake and Redetermination (RD), a sponsored noncitizen with an I-864 must have their sponsor complete the following form to obtain the sponsor’s income and resources:

·	SAR 22, Sponsor Noncitizens Applying For or Receiving Cash Aid and/or CalFresh.

If the aided sponsored noncitizen is subject to Semi-Annual Reporting, the sponsor must complete the following form when the SAR 7, Eligibility Status Report, is due:

·	SAR 72, Sponsor's Semi-Annual Income and Resource Report (Supplement to the SAR 7).

Note: If the sponsored noncitizen is exempt from deeming requirements, the SAR 22 and SAR 72 are not required during the exemption period. See the Deeming Requirement Exemptions Section for more information.

Identification

Not all noncitizens have a sponsor. Noncitizens without a sponsor include, but are not limited to:

·	Refugees;
·	Asylees;
·	Persons granted withholding of deportation;
·	Amerasians;
·	Cuban or Haitian Entrants;
·	VAWA self-petitioners;
·	Self-petitioning widow(ers);
·	Special immigrants; and
·	Noncitizens with 40 qualifying work quarters at the time they became an LPR.

While it is possible for some of these individuals to be sponsored by an organization, such as a church, they are not sponsored on an Affidavit of Support (I-864) and that organization does not have to sign a legally-binding Affidavit of Support.

Immigration Codes

Specific codes on the I-551, Permanent Resident Card do not indicate whether the noncitizen was sponsored or not. The only way to know if the noncitizen was sponsored is by carefully exploring the circumstance surrounding their entry into the U.S. during the interview and the response on the SAWS 2 PLUS application. See the Procedures Section for additional information.

Treatment of Income and Resources

The income and the resources of the sponsor and the sponsor's spouse who are not receiving CalWORKs, Social Security Income (SSI) or other public cash assistance payment are deemed to be the income and resources of the sponsored noncitizen for CalWORKs.

The sponsored noncitizen is not included in the AU when their needs are met by the sponsor's deemed income.

When the sponsored noncitizen is not in the AU, the sponsor's deemed income is not used in determining the grant for the AU, unless the income is actually available to the AU.

When the sponsored noncitizen is included in the AU, the deemed income from the sponsor is treated as unearned income.

Income and resources are deemed until the sponsored noncitizen:

o	Becomes a U.S. citizen;
o	Has worked 40 qualifying quarters;
o	Leaves the U.S.; or
o	Sponsor dies.

The system will apply the income and resource deeming rules and pass or deny benefits as appropriate provided the appropriate system screens are completed. See the Procedures Section for additional information.

Deeming Requirement Exemptions

DV victims - are exempt from providing their sponsor's information for 12 months. To qualify for this exemption, there must be a substantial connection between the abuse/battery/extreme cruelty and the sponsored noncitizen’s need for benefits.

A connection exists if the benefits are needed to enable the noncitizen, the noncitizen’s child and/or (in the case of a noncitizen child) the noncitizen child’s parent to:

o	Become self-sufficient following the separation from the abuser;
o	Escape the abuser and/or the community in which the abuser lives, or ensure safety from the abuser;
o	Fulfill a financial need due to loss of financial support resulting from separation from the abuser;
o	Fulfill a financial need caused by the loss of a job because of the circumstances of the abuse;
o	Provide or seek medical attention or mental health counseling, or health services due to disability resulting from the battery or extreme cruelty;
o	Fulfill a financial need because of the loss of a dwelling or source of income or fear of the abuser which, following separation from the abuser, jeopardizes the noncitizen’s ability to care for their children;
o	Alleviate nutritional risk or need resulting from the abuse or following separation from the abuser;
o	Provide or seek medical care during a pregnancy resulting from the abuser’s sexual assault or abuse of, or relationship with the abused noncitizen and/or care for any resulting children; or
o	Replace medical/health care services which were provided when living with the abuser.

The sponsored noncitizen can self-declare they are a victim of DV.

DV Extension

The exemption can be extended beyond one year if USCIS has made a prior determination that abuse did occur, or the abuse has been recognized in an order from a judge or from an Administrative Law Judge.

Indigence - Sponsored noncitizens who are indigent are exempt from providing their sponsor’s information for 12 months. The exemption is granted only once in a lifetime for CalWORKs. A sponsored noncitizen is indigent if they would go hungry or homeless without assistance.

To determine whether a sponsored noncitizen is indigent, the sum of the eligible sponsored noncitizen household’s own current income, the cash contributions actually received from the sponsor and others, and the value of any in-kind assistance the sponsor and others provided must not exceed 130 percent of the Federal Poverty Level for the household size.

The exemption begins on the first of the month after the indigency determination is made. The sponsored noncitizen can self-declare they are indigent.

TCVAP

TCVAP provides State-funded cash aid, employment, supportive and health care services to noncitizen victims of a severe form of human trafficking and to noncitizen victims of DV or other serious crimes who are not eligible to RCA or CalWORKs due to their immigration status.

The benefits under TCVAP are equivalent to those available to Refugees and include, but are not limited to:

·	TCVAP CalWORKs – State-funded CalWORKs for families with minor children;
·	TCVAP Cash Assistance – State-funded (version of RCA) for single adults or families without children and families with children who do not meet CalWORKs requirements;
·	California Food Assistance Program;
·	Cash Assistance Program for Immigrants;
·	In-Home Supportive Services;
·	State-funded Medi-Cal, administered by the California Department of Health Care Services;
·	Employment Services; and/or
·	Supportive Services (child care, transportation, and ancillary services).

Detailed information regarding eligibility for TCVAP is found in AR 70-100 Trafficking and Crime Victims Assistance Program.

Immigration Reform Control Act (IRCA) Amnesty Program

In addition to the five-year ban from federal benefits for certain qualified noncitizens, Amnesty noncitizens under the IRCA Amnesty Program were not eligible for CalWORKs benefits for the first five years from the date of their adjustment to LPR.

Effective May 5, 1992, Amnesty noncitizens who completed the five-year period of ineligibility and were granted LPR status became eligible to receive CalWORKs. Given that the IRCA Amnesty Program became effective in 1986, it is assumed that all noncitizens that obtained their LPR status under this program have been processed and have exceeded this five-year limitation.

Eligibility staff should contact CalWORKs Program when unsure if the noncitizen’s immigration status qualifies them for CalWORKs.

Matrícula Consular

The Matrícula Consular is a consular ID card issued by the Government of Mexico through its consulate offices to Mexican nationals residing outside of Mexico.

The issue of the card has no bearing on immigration status in the foreign country they are residing in. The purpose of the card is to demonstrate that the bearer is a Mexican national living outside of Mexico. It includes a Government of Mexico issued ID number and bears a photograph and address outside of Mexico of the Mexican national to whom it is issued.

Several U.S. states, municipalities, and businesses accept the Matrícula Consular as an official form of ID including DPSS.

A number of countries have followed suit including Guatemala, Brazil, and Ecuador.

Photo ID Requirement

The Matrícula Consular Card can be used by noncitizens to meet the in-person photo ID requirement for CalWORKs.

See 40-131 Photo Identification In-Person Requirement for more information.

Requirements

The following requirements must be followed as it relates to noncitizens:

Requirement

Limit/Condition

Declaration of Noncitizen Status

Regulations prohibit the County from requiring applicants to state whether they or anyone in the household is undocumented.

·	Applicants are only required to indicate on the SAWS 2 PLUS application whether they are a U.S. citizen/national or whether they have an eligible immigration status and if they were sponsored.
·	Eligibility staff must determine a noncitizen’s eligibility for aid based on the documentation of their immigration status that is submitted.
·	Procedures for entering the information in the system are included in this release.
·	The information must be correctly entered in the system to ensure participant benefits are correctly determined and to ensure noncitizens are correctly identified.

Verifying Noncitizen Status

In addition to obtaining acceptable verification of the applicant’s eligible noncitizen status to establish initial eligibility, a noncitizen’s eligible status must be verified with USCIS via SAVE at:

Application;

RD; and

When the noncitizen status changes.

Time Limits

The CalWORKs 48-month time limit applies to noncitizen adults that receive CalWORKs.

However, the individual may receive a time limit exemption or extender if eligible.

Detailed policy and procedures for the CalWORKs 48-month time limit is found in AR 42-300 Time Limit Requirements.

GAIN/REP

Noncitizens will be eligible to employment services via GAIN Welfare-to-Work (WtW) or REP. This includes SSS for the treatment of DV, Mental Health, and Substance Use Disorder.

If…	Then…
Eligible noncitizens (non-Refugees) are in the U.S. less than 60 months	WtW services are provided through GAIN
Persons defined as Refugee in the U.S. less than 60 months from DOE	WtW services are provided through REP
Persons defined as Refugee and eligible noncitizens (non-Refugee) are in the U.S. more than 60 months from DOE	WtW services are provided through GAIN

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 noncitizens that are not LPRs yet.

Note: Noncitizens with an EAD must meet one of the qualified noncitizen categories to be eligible for CalWORKs. For more information, see the Eligible Noncitizen Section within this release.

GAIN/REP and Eligibility staff must ask the noncitizen applicant/participant if they are authorized to work in the U.S. If the noncitizen is not work authorized, they cannot legally work in the U.S.

The noncitizen:

Must not be required to participate in job search activities, nor should they be referred to the Employment Development Department; and

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.

An exemption may be granted if a noncitizen participant has physical or psychological trauma related to or arising from the victimization that impedes their 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 their participation in the program.

Social Security Number (SSN)

The SSN requirement applies to qualified noncitizens receiving CalWORKs; however, some 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 the Procedures Section for detailed information.

Verification Documents

Every noncitizen reporting an eligible noncitizen status is required to present original documentation of that status. Examples of the types of verifications are listed below. CalWORKs aid can be granted following receipt of acceptable verification; however, the status must be subsequently verified with USCIS via SAVE, when applicable, at RD.

Description

Acceptable Documentation

LPR

Verification includes:

·	I-94 that states “Processed” for I-551;
·	I-551. An expired I-551 card is acceptable so long as SAVE verifies the status;
·	A foreign passport stamped showing unexpired temporary evidence of LPR status; and
·	I-327 “Reentry Permit” which is given to an LPR when traveling outside of the U.S. for an extended period.

Refugee

Verification includes:

Immigration Status

Documentation Issued by USCIS includes,

but is not limited to:

Paroled as Refugee or Asylee for one year or more – INA Section 212(d)(5)

·	I-94 (Arrival/Departure Record) Section 207 of the INA;
·	I-688B (Employment Authorization Card) Section 274a.12(a)(3);
·	I-766 (Employment Authorization Document) Category “A3”; and
·	I-571 (Refugee Travel Document).

Cuban/Haitian- INA Section 501(e)

·	I-94 Section 212(d)(5), - “Paroled…,” “Form I-589, filed,” “PIP per presidential policy 10/1/94,” “Cuban/ Haitian Entrant (status pending)”;
·	I-551 Category CU6, CU7 CU8, CU9, CU10, CUX, CUP, CUO, CU7P, CNP, or CH6; and
·	Unexpected temporary I-551 stamp in foreign passport or on I-94 with Category CU6 or CU7.

Refugee – INA Section 207

·	I-94 Section 207 of the INA;
·	I-688B Section 274.12(a)(3);
·	I-766 Category “A3”;
·	I-571; and
·	I-551 Category RE1, RE2, RE3, RE6, RE7, RE8, IC6, IC7, IC8, IC9, or MB93.

Asylee – INA Section 208, 208a

·	I-94 Section 208 or 208(a) of the INA Category AS1, AS2, AS3, or with Visa (V-93);
·	I-688B Section 274a.12(a)(5), or 27a.12(c)(8);
·	I-766 Category “A5”;
·	I-551 Category AS1, AS2, AS3, AS6, AS7, or AS8;
·	Grant letter from immigration or Asylum Office; and
·	Order of an immigration judge granting asylum.

Certified Trafficking Victim/T Visa Approved

Trafficking victims must provide proof that the ORR certification has been obtained.

Note: Trafficking victims not yet certified are not eligible to “Regular CalWORKs” or RCA benefits. These individuals must be evaluated for TCVAP benefits.

Derivatives

T Visa or approval letter notice (form I-797a) with code T-2, T-3, T-4, or T-5.

Amerasian

·	I-94 annotated with “584 of Foreign Operations Export Financing & Related Program App. Act,” or Category AM1, AM2, or AM3;
·	I-551 Category, AM1, AM2, AM3, AM6, AM7, AM8, A11, A12, A16, A17, A31, A32, A33, A37, or A38; and
·	Vietnamese or U.S. passport stamped AM1, AM2, or AM3.

Conditional Entrants – INA Section 203

·	I-94 annotated with “Paroled as a refugee,” or “Paroled as an asylee,” or Section 203(a)(7);
·	I-766 Category “A3”; and
·	I-688B Section 274a.12(a)(3).

Withholding of Deportation/ Cancellation of Removal – INA Section 243(h), 241(b)(3)

·	I-688B Section 274.12(a)(10);
·	I-766 Category “A10”; and
·	Order from immigration judge showing deportation withheld or cancellation of removal under Section 243(h) or 241(b)(3).

Battered Noncitizens

Verification includes:

Immigration
Status

Documentation Issued by USCIS includes, but is not limited to:

VAWA Self-Petitions

USCIS I-797 or I-797C, Notice of Action, showing:

·	I-360, Establishment of Prima Facie Case;
·	I-360, Approval Self-Petitioning Spouse;
·	Notice of Dependent Children; and
·	Notice of Deferred Action.

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.

Self-Petitions by Widow(er)

The individual gives a sworn statement that they are a victim of DV, and USCIS I-797 or I-797C showing I-130, 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.

Family-Based Petitions

The individual gives a sworn statement that they are a victim of DV, and USCIS I-797 shows I-130, Approval Notice and contains the following relationship information.

o	Husbands or wives of U.S. citizens or LPRs;
o	Unmarried children under 21 years old of U.S. citizens or LPRs; and
o	Unmarried children age 21 or older of U.S. citizens or LPRs.

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.

Cancellation of Removal/Suspension of Deportation

An approved petition is one in which a final court order or notice form 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 Executive Office for Immigration Review toll-free at (800) 898-7180.

SIV Holders

Verification includes:

Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under any one of the following categories:

o	SI1 or SQ1 (Principal Applicant);
o	SI2 or SQ2 (Spouse of SI1 or SQ1);
o	SI3 or SQ3 (Unmarried Child, Under the Age of 21, of SI1 or SQ1);
o	SI6 or SQ6 (Principal Adjusting Status in the U.S.);
o	SI7 or SQ7 (Spouse of SI6 or SQ6);
o	SI-9 or SQ9 (Unmarried Child, Under the Age of 21, of SI6 or SQ6); and
o	A Department of Homeland Security (DHS) stamp or notation on passport or I-94 showing date of entry.

DHS Form I-551 with a code of SI6 or SQ6, SI7 or SQ7, or SI9 or SQ9 which confirms both the status and the day of entry into the U.S. for the principal SIV applicant.

Document Type	Example
I-551	Current Permanent Resident Card (I-551) Sample Previous Permanent Resident Card (I-551) Sample
I-94	I-94 CARD SAMPLE ELECTRONIC FORM SAMPLE Note: Individuals can access their U.S. Customs and Border Protection arrival/departure record information online; therefore, they may present an electronic record of their I-94. Elibibility Workers (EWs) can also assist applicants/participants in obtaining a copy of their most recent I-94 via the USCIS website at https://i94.cbp.dhs.gov.
I-766 EAD	CURRENT EAD (I-766) SAMPLE PREVIOUS VERSION EAD (I-766) SAMPLE

Lack of Verification

If the noncitizen has no documentation of eligible status, the EW must inform the individual that:

·	They may contact USCIS to obtain a USCIS document or other conclusive evidence verifying eligible noncitizen status; or
·	The EW may assist the individual verify the status by requesting a primary abstract through SAVE or submitting a G-845S to USCIS when the primary abstract indicates to 'Institute Secondary Verification.' See Procedures section for additional information.