.Purpose

Policy

Background

Release Date:

4/19/2023

Definitions

Requirements

Verification Docs

 

CalWORKs

69-200 Refugee Resettlement Program - Refugee Cash Assistance 

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?

 

The following changes were made throughout this release due to policy and business process changes:

 

1.     Effective July 12, 2021, the Southwest Family District Office converted to an Intake Customer Service Center (CSC). As a result, all Refugee Cash Assistance (RCA) cases handled by this office were transferred to the South Family District Office. All references to the Southwest Family District Office were deleted from this release. 

2.     The National Voluntary Agencies are now known as Resettlement Agencies (RAs). RAs are key partners in the resettlement process, who provide initial resettlement services for refugees entering the United States (U.S.).

3.     Staff is reminded that when the RCA case is received that the original General Relief or CalWORKs application date must be preserved as there are times when refugees and asylees apply for General Relief or CalWORKs benefits. 

4.     Refugees and asylees who apply for RCA are not eligible to receive the Homeless Assistance Programs. 

5.     Policy in relation to Cuban/Haitians was enhanced within this release.

6.     Define who is considered a parolee.

7.     Staff were previously informed about the following policy changes via various Call-Outs; this release was modified to reflect these changes:

 

a)    Beginning in 2020, as a result of COVID-19, RCA benefits were temporarily extended to RCA participants beyond the eight-month timeframe, as long as they met certain criteria; there were a total of four extensions.

b)    Afghan individuals/families RCA eligibility as a result of their evacuation from their country after July 31, 2021, because of political instability. 

c)    Ukrainian individuals/families RCA eligibility as a result of their displacement due to the war in Ukraine and related urgent humanitarian reasons. 

d)    RCA and Trafficking and Crime Victims Assistance Program (TCVAP) eligibility was extended from eight months to 12 months, as long as the beginning date of eligibility is on or after October 1, 2021: 

 

                  i.         As of January 22, 2023, the system is programmed to recognize the extended 12-month RCA eligibility period. 

 

8.     The Hague Conference on Private International Law released a reservation/declaration that Ukraine cannot meet its commitment to process child support cases due to the war. These applicants/participants may claim Good Cause for non-cooperation of Child Support, as an exemption.  

 

Note:  Changes are highlighted in grey throughout the document.

Policy

RCA is a federally-funded cash aid program for persons defined as refugees and asylees who are not eligible for CalWORKs or for other programs. Eligible persons include:

 

1.     Single adults who do not have children;

2.     Married couples who do not have children; and

3.     Families with children who are not eligible to receive CalWORKs benefits. 

 

Most program requirements (grant level, income, property, and the treatment of income) which apply to CalWORKs also apply to RCA.

 

The following do not apply to RCA; aid must be granted without regard to the presence of children, age, number of hours worked, or Social Security Number (SSN): 

 

1.     Deprivation requirements (i.e., absence, death, disability, or unemployment of a parent);

2.     Relationship requirements;

3.     Sponsorship;

4.     Diversion Services; and

5.     SSN requirements.

 

No Wrong Door Policy

 

RCA applicants have the option of applying at one of the following five RCA District Offices that process RCA applications. Applicants also have the option to apply for RCA at any DPSS District Office and have their application transferred to one of the RCA District Offices nearest their home:

 

1.     Glendale;

2.     Metro North;

3.     El Monte;

4.     South Family; or

5.     West Valley.

 

TCVAP

 

TCVAP is equivalent to the RCA Program; the only difference is that it is a State-funded cash aid program for noncitizen victims of:

 

1.     Human Trafficking (T-Visa) who are not certified by the Office of Refugee Resettlement (ORR); and

 

a)    Once the T-Visa participant is certified by ORR:

 

                  i.         State RCA benefits end, and they can transition to federal RCA benefits, even if the individuals have not yet exhausted all 12 months of State RCA; and

                 ii.         The refugee/asylee is eligible to 12 months of federal RCA benefits which is in addition to the months received under State RCA.

 

2.     Domestic Violence and other serious crimes (U-Visa). 

 

Refer to Administrative Release (AR) 70-100 Trafficking and Crime Victims Assistance Program for detailed information. 

 

12- Month Extension

 

RCA eligibility increased from eight months to 12 months of aid as of May 1, 2022. Although the policy changed on May 1, 2022, the following is applicable when determining eligibility: 

 

Individuals whose “eligibility” started…

RCA/TCVAP Time on Aid

October 1, 2021, onward

Are eligible to 12 months of aid.

 

Example:

 

The 12-month eligibility for an individual whose eligibility started October 2021 would end September 2022. 

Prior to October 1, 2021

Are eligible to eight months of aid. 

 

Example:  

 

The eight-month eligibility for an individual whose eligibility started September 2021 would have ended April 2022. Since the change in policy took place in May 2022 and the initial eight-month timeframe is prior to May 2022, this family is ineligible to the 12-month period.

 

Determining the 12-Month Timeframe

 

The following applies when determining the 12-month timeframe which also applied when determining the eight-month timeframe:

 

1.     Refugees:  Date of Entry (DOE) to the U.S. with a qualifying immigration status;

2.     Asylees:  Date asylum was granted; and

3.     T-Visa -ORR certified:  Date the trafficking victim was certified by ORR which is noted on the ORR Certification of Eligibility letter. T-Visa participants are eligible to receive TCVAP for 12 months (State-funded Program) and can receive an additional 12 months of RCA benefits (federally-funded Program) only when they become certified by ORR. TCVAP benefits must be discontinued upon ORR certification, even though the 12 months of TCVAP benefits has not been exhausted.

 

Preservation of the CalWORKs or General Relief Application Date

 

The Bureau of Workforce Services (BWS) released BWS-LOD Call-Out #22-008, Modernization of the Refugee Cash Assistance Intake Process, on September 9, 2022, which provides the following guidance to staff:

 

1.     The business process that staff must follow when a General Relief or CalWORKs applicant is potentially eligible for RCA or TCVAP. 

 

a)    The process outlined ensures the applicant receives the cash benefits to which they are entitled considering RCA benefits is a higher cash grant amount in comparison to the $221 General Relief grant.

 

2.     Preserve the CalWORKs/General Relief application date for participants eligible for RCA/TCVAP benefits. 

 

For instance, if a refugee/asylee applies for General Relief on November 5, 2022, and is eligible to receive RCA benefits, General Relief staff’s responsibility is to deny the General Relief case and follow the steps outlined in the BWS-LOD
Call-Out #22-008 in order to initiate an RCA/TCVAP case. When the RCA case is initiated, the application date will be November 5, 2022, (same as the General Relief application date). 

 

General Relief

 

T and U-Visa holders as well as refugees/asylees are potentially eligible to receive General Relief once the RCA/TCVAP benefits have been exhausted (12-month eligibility period ends), as long as all other General Relief requirements are met. 

 

Homeless Assistance

 

Homeless Assistance is:

 

1.     Only available to refugees/asylees who are approved for CalWORKs benefits.

2.     Not available for refugees/asylees who receive RCA/TCVAP benefits. 

Background

ORR is a federal program of the Administration for Children and Families, an office within the U.S. Department of Health and Human Services, created with the passing of the U.S. Refugee Act of 1980 (Public Law 96-212) that requires County Welfare Departments (CWDs) to determine the eligibility of refugees/asylees in the Refugee Resettlement Program (RRP) for CalWORKs and RCA. CWDs must administer these programs according to federal policy under the supervision of the California Department of Social Services for financial assistance and social services, and the State Department of Health Care Services for medical services. 

 

The program provides social services that help the following populations become self-sufficient as quickly as possible after their arrival in the U.S.:

 

·          Refugees;

·          Asylees;

·          Cuban/Haitian Entrants;

·          Special Immigrant Visa (SIV) holders;

·          Amerasians; and

·          Victims of Trafficking. 

 

These regulations are outlined within the federal regulations 45 CFR Part 400. 

 

CWDs must ensure that eligible participants use federally-funded benefits prior to accessing State-funded benefits. 

 

Business Process Changes

 

As of September 1, 2020, an executive decision resulted in all RCA cases transferred from the San Gabriel Valley District Office to the El Monte District Office for handling.  Previously, the El Monte District Office handled CalWORKs, CalFresh, and Medi-Cal cases, but now handles CalWORKs, RCA, CalFresh, and Medi-Cal cases. Currently, the San Gabriel Valley District Office handles General Relief, CalFresh, and Medi-Cal cases.

 

As of July 12, 2021, the conversion of the Southwest Family District Office to an Intake CSC resulted in the transfer of all RCA cases to the South Family District Office for handling. All references to the Southwest Family District Office handling RCA cases have been deleted.

 

COVID-19 Eligibility Extension Periods

 

The State received authority from ORR to temporarily suspend the eight-month RCA 45 Code of Federal Regulations (§ 400.211) and provide time extensions to ensure refugees, asylees, and immigrants who are eligible to ORR benefits can continue to meet their basic needs during the COVID-19 emergency. These changes were pursuant to ORR Policy Letter (PL) 20-03, COVID-19 Extended Assistance for ORR Populations, dated April 22, 2020. 

 

As a result, effective June 2020, CWDs were informed about the time extension of RCA benefits beyond the eight-month time limit for participants as long as certain criteria were met.

 

Note:  Individuals do not need to show that they were directly impacted by COVID-19 to be eligible. 

 

Further details are outlined within the Definitions Section which include when the extensions were exhausted.

 

Afghans

 

On July 31, 2021, the U.S. Operation Allies Refuge began evacuating Afghan citizens and nationals from Afghanistan who were at risk due to political instability. The U.S. supported Afghans as they resettled in the U.S. through Operations Allies Welcome which began on August 29, 2021. Further, many Afghan arrivals were housed at Safe Haven military bases while awaiting processing and resettlement to new communities. 

 

Afghans are eligible to receive ORR benefits as long as they meet the criteria outlined within the Definitions Section. 

 

Cubans and Haitians

 

Certain Cuban/Haitian nationals, as described in Title V of the Refugee Education Assistance Act of 1980 (Public Law 96-422, October 10, 1980, 45 Code of Federal Regulations Section 401), are eligible to receive cash assistance and social services.  These populations form the Cuban/Haitian Entrant Program (CHEP) and can

access State and federal benefits upon arriving in the U.S. 

 

The number of Cubans/Haitians arriving in California is expected to rise considering the:

 

1.     Recent increase of these populations seeking entry at the southern border; and

2.     Federal government has resumed its Cuban and Haitian Family Reunification Parole Programs. These programs allow certain eligible U.S. citizens and lawful permanent residents to apply for parole for their family members in Cuba or Haiti to emigrate to the U.S.

 

Cuban/Haitians are eligible to receive ORR benefits as long as they meet the criteria outlined within the Definitions Section. 

 

Ukrainians

 

On April 21, 2022, President Biden announced that 100,000 people forced to flee Ukraine would be able to seek haven in the U.S. which resulted in the implementation of the Uniting for Ukraine (U4U) Program. U4U provides a pathway for Ukrainian citizens and their immediate family members (spouses and children) to enter the U.S. as humanitarian parolees for up to two years. 

 

1.     Those participating in the program must have a government-vetted, U.S. based supporter who agrees to provide financial support for the duration of their stay; and

2.     U4U supporters are not sponsors and sponsor deeming rules do not apply.

 

On May 1, 2022, with the passage of the Additional Ukraine Supplemental Appropriations Act, Ukrainian citizens and non-Ukrainian citizens displaced from Ukraine, including those who arrived under U4U, are eligible to receive federal benefits which include RCA, CalWORKs, CalFresh, and Medi-Cal. 

 

Further details are outlined below within the Definitions Section. 

Definitions

Term

Description

Refugees

Persons defined as refugees for RCA benefit eligibility purposes are legal noncitizens who have one of the following immigration statuses which provides an independent path to lawful immigration status or permanent residency: 

 

·           

Refugee – Section 207 of the Immigration and Nationality Act (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.;

·           

Paroled as a refugee or asylee – Section 212(d)(5) of the INA;

·           

Cuban or Haitian Entrant – Section 501(e);

·           

Trafficking victims certified by ORR;

·           

Eligible family member of a certified trafficking victim;

·           

Amerasian - Section 402(a)(2)(A)(i)(V) of the INA;

·           

Legal Permanent Resident but must have previously held one of the statuses identified above; or

·           

Central American Minor (CAM).

 

The noncitizen must provide proof of one of the aforementioned refugee designations. 

Parolee

A designation of “parolee” allows for lawful presence in the U.S.; it does not equate to an immigration status and does not provide an independent path to lawful immigration status or permanent residency. 

 

A parolee may be able to obtain lawful status in the U.S. by applying for asylum or other immigration statuses. 

Non-Refugee

For purposes of determining eligibility for RCA, the term “refugee” does not include any person with a United States Citizenship and Immigration Status (USCIS) status of:

 

·           

Applicant for asylum (as distinguished from a person who has been granted asylum); or

·           

Noncertified trafficking victim. These individuals have not received certification from ORR and may be eligible for benefits under TCVAP.

 

Although the individuals above may be eligible for other benefits and services, they are not eligible for federal RCA benefits.

CAM Program

The CAM Program began on December 1, 2014, and provides an alternative to the dangerous journey that some children are currently undertaking to come to the U.S. 

 

The CAM Program:

 

·           

Is a family reunification program for children in El Salvador, Guatemala, and Honduras who have a parent(s) in the U.S.;

·           

Permits qualifying parents from one of these three countries who are lawfully present in the U.S. to bring their children to the U.S. as a refugee; and

·           

Is not a pathway for undocumented parents to bring their children to the U.S.

 

CAM children are eligible to benefits and services to the same extent as refugees. 

 

Applications for the CAM Program are initiated in the U.S. by the parents who must seek the assistance of a designated resettlement agency that works with the U.S. Department of State (DOS) Bureau of Population, Refugees, and Migration to help resettle refugees in the U.S.

 

Deoxyribonucleic acid (DNA) relationship testing is required for the application process to confirm the biological relationship between the parent in the U.S. and the child seeking refugee status. The U.S.-based parent is required to pay for the DNA testing and costs will be reimbursed when all relationships are verified to be true. The minor’s DNA will be collected abroad in certified labs in their country. 

COVID-19 Extensions

The RCA time extension is limited to RCA participants whose date of eligibility (i.e., not the date of application) for RCA benefits is between April 1, 2019 and September 30, 2021. 

 

The following Call-Outs were released to staff informing them about the four extensions that continued to extend RCA eligibility which required staff to apply workarounds considering the system was programmed to remove the eight-month RCA Batch discontinuance job and was not programmed to recognize additional months of eligibility: 

 

Call-Out #

Date Released

Title

20-101

6/30/2020

Time Extension and Waiver of Immigration and Identity Verification for Refugee Cash Assistance and TCVAP Cash Assistance Due to COVID-19

21-07

1/14/2021

Stage 2 Time Extension and Waiver of Immigration and Identity Verification for Refugee Cash Assistance and TCVAP Cash Assistance Due to COVID-19

21-27

3/10/2021

Stage 3 Time Extension and Waiver of Immigration and Identity Verification for Refugee Cash Assistance and TCVAP Cash Assistance Due to COVID-19

21-52

5/20/2021

Stage 4 Time Extension and Waiver of Immigration and Identity Verification for Refugee Cash Assistance and TCVAP Cash Assistance Due to COVID-19

 

These Call-Outs also provide guidance in relation to the waiver of immigration and identity verifications associated with these populations. 

Afghans

The following Afghans are eligible for federal RCA benefits as long as they received one of the following immigration designations:

 

·           

Refugee:  As defined under Section 207 of the INA.

·           

SIV holders:  Displaced Afghans who assisted the U.S. Armed Forces with translation and interpreter services were granted a visa before entering the U.S.

·           

Special Immigrant Parolees with SQ/SI categories:  Individuals granted parole before entering the U.S. due to an emergency.

·           

Special Immigrant (SI) Conditional Permanent Resident (CPR):  An additional immigration status for Afghan arrivals who have an SI status under Section 602(b)(8) of the Afghan Allies Protection Act of 2009, but are yet to be deemed medically admissible. Once determined they are not medically inadmissible, USCIS may change their status to SI Lawful Permanent Resident (LPR).

·           

SI LPRs:  A CPR becomes an LPR after the Department of Homeland Security (DHS) removes the conditions on their LPR admission. For example, when these SI CPRs complete a medical examination and USCIS determines they are not medically inadmissible, the DHS removes their conditions, and the CPR becomes an SI LPR.

·           

Afghan Humanitarian Parolees (AHP):  Individuals who entered the U.S. lawfully based on an urgent humanitarian need and are paroled between July 31, 2021 and September 30, 2023. These individuals are temporarily eligible for federal benefits and assistance to the same extent as refugees under the Afghanistan Supplemental Appropriations Act, 2022, and the ORR PL 22-01. Further details are noted below as long as the criteria outlined within the AHP Eligibility Section is met.

 

AHP Eligibility

 

AHP individuals are eligible only for a specified timeframe to the extent as refugees under Section 207 of the INA as follows:

 

1.     Principal Applicant AHP and their dependents arriving in the U.S. between July 31, 2021 and September 30, 2023

 

Note:  Individuals who are paroled after September 30, 2023, are not eligible under this guidance. 

 

Enter into the Community - Eligibility

 

a)    Begins either October 1, 2021, or the date the parolee “entered the community” in the U.S. whichever is later; and

 

·           

AHPs housed in a Safe Haven since arrival in U.S.:  eligibility is the latter of October 1, 2021, or the date they departed the Safe Haven to new destinations (e.g., entered into the community).

·           

AHPs not housed in a Safe Haven/Entered the community:  eligibility is immediate upon arrival in the U.S.; their eligibility date is the latter of October 1, 2021, or the DOE into the U.S. noted on immigration documents.

 

Note:  The last date an applicant can apply for benefits is September 30, 2023. 

 

b)    Ends March 31, 2023, or the individual’s parole term whichever is later. 

 

2.     Spouses and children of Principal Applicant AHP who are paroled on or after October 1, 2022, are eligible to benefits and services as long as the Principal Applicant AHP is paroled between July 31, 2021 and September 30, 2023. In addition, their later-arriving family members are eligible for State and federal benefits and services as long as the Principal Applicant AHP was paroled between July 31, 2021 and September 30, 2023.

3.     Parents or legal guardians of unaccompanied minors paroled after March 31, 2023, are eligible for benefits and services. The unaccompanied minor must have arrived as an AHP between July 31, 2021 and September 30, 2023. 

 

Departing a Safe Haven Military Base - Eligibility

 

Prior to June 16, 2022, the program eligibility begin date for the aforementioned populations was the date entered into the U.S. 

 

Effective June 16, 2022, the date of RCA eligibility is the date they entered into the community, which is the date they departed the Safe Haven military base. 

 

Note:  SIVs, SI CPRs, and SI/SQ individuals who did not travel through a Safe Haven, the date of program eligibility remains as the DOE into the U.S.

 

The following Call-Outs were released to staff providing policy guidance for Afghans and business processes as a result of lack of system programming: 

 

Call-Out #

Date Released

Title

21-96

9/27/2021

Program Eligibility for Special Afghan Immigrants

21-96 Addendum I

1/24/2022

21-96 Addendum II

11/09/2022

 

Cuban/Haitian Entrants

A Cuban/Haitian Entrant is eligible as long as the following is applicable:

 

1.     Granted:

 

a)    Parole status as a Cuban/Haitian Entrant (Status Pending); or

b)    Any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti regardless of the status of the individual at the time assistance or services are provided.

 

2.     Any other national of Cuba or Haiti;

 

a)    Who:

 

·           

Was paroled into the U.S. and has not obtained another status under the INA;

·           

Is the subject of exclusion or deportation proceedings under the INA; or

·           

Has an application for asylum pending with USCIS; and

·           

A final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered.

Ukrainians

Temporary Policy - Parolees

 

For a temporary period, Ukrainian arrivals “Ukrainian Humanitarian Parolee (UHP), Non-Ukrainian Humanitarian Parolee (NUHP), and family members (spouse, children, legal guardians, primary caregivers of Unaccompanied Refugee Minors [URMs] or Unaccompanied Children [UC])” are eligible to federal benefits:

 

·           

Beginning May 21, 2022; or

·           

The individual’s date of humanitarian parole, whichever is later, as long as they were paroled between February 24, 2022 and September 30, 2023.

 

Note:  Federal eligibility begins May 21, 2022, even though an individual has a paroled date between February 24, 2022 and May 20, 2022. 

 

Reminder: Ukrainian arrivals who have a refugee or asylee status qualify for RCA benefits as they are not considered parolees. 

 

Eligibility stops:

 

·           

When the individual’s(s’) parole term ends, unless otherwise amended by law;

·           

After they have exhausted their benefit period of up to 12 months; or

·           

When the individual gains another ORR eligible category or status.

·           

Eligibility Start Date:  Either May 21, 2022, or the individual’s date of humanitarian parole between February 24, 2022 and September 30, 2023, whichever is later. 

 

The following humanitarian parolees are eligible to receive RCA: 

 

·           

UHP:  Citizens or nationals of Ukraine paroled into the U.S. between February 24, 2022 and September 30, 2023, due to “urgent” humanitarian reasons or for significant public benefit. This category also includes URMs and UC.

 

 

o     

UC:  Prior to or instead of entering the URM Program, the unaccompanied minor may be placed in the UC Program (ORR custody) which provides care and placement for the UC pending release to families or sponsors rather than entering the URM Program. Upon release from the ORR UC Program’s custody, the minors can receive ORR benefits. 

 

o     

URM:  Any citizen or national of Ukraine or other non-Ukrainian individuals who last habitually resided in Ukraine and is defined as an unaccompanied child.  This includes a specialized foster care program to receive refugee services.

 

·           

NUHPs who last habitually resided in Ukraine and paroled into the U.S. between February 24, 2022 and September 30, 2023, due to urgent humanitarian reasons or for significant public benefit. This category includes UC and URM.

·           

A spouse or child of an individual described within UHP and NUHP as long as they were paroled into the U.S. after September 30, 2023. 

·           

A parent, legal guardian, or primary caregiver of a UC or URM described in Section A or B as long as they were paroled into the U.S. after September 30, 2023.

 

Call-Out #22-88, Eligibility for Humanitarian Parolees from Ukraine, released on August 25, 2022, provides staff policy guidance for Ukrainians and business processes as a result of lack of system programming.

General Relief Eligibility

 

UHP/NUHP who were paroled into the U.S. between February 24, 2022 and September 30, 2023, may be potentially eligible to receive General Relief once they exhaust their 12 months of RCA benefits.

Systematic Alien Verification for Entitlements (SAVE)

The SAVE Program is a government information service that verifies the immigration status of applicants.

 

A SAVE request to initiate “Secondary Verification” is generally received for refugees who have not adjusted their status to LPR. Staff should not initiate a G-845S, Document Verification Request (SAVE), for RCA cases unless there is also an application for CalFresh.

 

Note:  USCIS no longer accepts manual G-845, Verification Request forms. An electronic G-845 is to be submitted to the local USCIS via the SAVE website at https://save.uscis.gov/web/vislogin.aspx. Refer to Call-Out MCP 18-15 Errata Desk Guide – Systematic Alien Verification for Entitlement (SAVE) for detailed information.

 

SAVE is automatically triggered/requested via batch when a new person is added to a case and/or program, and the alien number is entered in the system.

Time-Eligibility for RCA (Refugee/Asylee)

A person considered a refugee/asylee for benefit purposes who has been in the U.S. within 12 months from the DOE or within 12 months from the date asylum was granted is time-eligible for RCA.

 

Note:  RCA participants will continue to be required to submit a SAR 7, Eligibility Status Report; however, they do not need to complete a Renewal. 

Time-Expired RCA Refugee/Asylee

A person considered a refugee/asylee for benefit purposes who has been in the U.S. more than 12 months following the DOE or has exceeded 12 months from the date asylum was granted. 

Refugee Employment Program (REP)

REP provides employment, educational, and training services to refugees who have been in the U.S. less than 60 months. 

 

Exception REP participants may opt to continue receiving services under REP beyond the 60-month period provided an annual federal waiver is in place and as long as the participant has not attained U.S. citizenship.

Greater Avenues for Independence (GAIN)

GAIN is the existing Welfare-to-Work (WtW) Program for all CalWORKs participants. Refugees who have been in the U.S. more than 60 months are served by GAIN. Participants in the GAIN Program are enrolled in WtW activities to assist them in obtaining employment and becoming self-sufficient.

Supplemental Security Income (SSI)

SSI is a federal program that provides a monthly cash payment to eligible persons who are blind, aged (individuals who are age 65 or older), or disabled.

State Supplementary Payment (SSP)

SSP is a federal program that provides a monthly cash allowance in lieu of food to eligible persons who are blind, aged, or disabled.

CalWORKs Supplemental Security Income Advocacy Program (SSIAP)

SSIAP is a program developed in October 2003, in which DPSS Social Workers/Advocates assist CalWORKs participants with the SSI application process. A contractor assists participants with the appeals process. 

 

As of March 2021, this program ended and staff must refer potential eligible applicants to the Social Security Administration. 

Resettlement Agencies (RAs)

RAs are agencies who work with the federal government to provide resettlement assistance to refugees. These agencies may include a variety of humanitarian, political, religious, and ethnic organizations who offer help to refugees voluntarily. These organizations or agencies are referred to as RAs.

 

During the refugee’s first 90 days in the U.S., an RA’s responsibilities are to:

 

·           

Receive the refugees and their families;

·           

Provide shelter and food;

·           

Provide clothing and pocket money;

·           

Provide assistance to find employment, and enroll children in school; and

·           

Pay for medical costs.

 

Several refugees apply for aid during the first 90 days in the U.S. either because the refugee chooses not to accept RA assistance or because RA assistance does not meet all of their needs. 

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 domestic violence or other serious crimes who are not eligible to RCA or regular CalWORKs. 

 

Refer to AR 70-100 Trafficking and Crime Victims Assistance Program for detailed information.

Requirements

 

Requirement 

Limit/Conditions 

Methods for submitting an RCA application

RCA applications can be submitted by mail, fax, or online via BenefitsCal.

 

As of March 16, 2020, due to district office closures as a result of COVID-19, interviews can be conducted over the phone in lieu of in-person. Although district offices were reopened, staff can continue to conduct interviews via telephone. 

 

The SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs, should be processed according to established procedures.

 

Non-RCA District Offices

 

As BenefitsCal is not programmed to support submissions of RCA applications, an RCA application can be submitted as a CalWORKs application on BenefitsCal. 

 

Upon receipt of the application via BenefitsCal, Eligibility staff will need to evaluate and determine whether the application should be processed as a CalWORKs or RCA application as follows:

 

If eligible to…

Then the case should be…

CalWORKs

Processed per existing procedures.

RCA

Transferred to the appropriate RCA District Office for an eligibility determination for RCA benefits.

 

RCA District Offices

 

The RCA application can be mailed or faxed to one of the following RCA District Office locations.

 

Glendale

Address:  4680 San Fernando Road, Glendale, CA 91204

Fax Number: (818) 546-1244

 

Metro North

Address:  2601 Wilshire Blvd., Los Angeles, CA 90057

Fax Number: (213) 368-7959

 

El Monte

Address:  3350 Aerojet Avenue, El Monte, CA 91731

Fax Number: (626) 927-9851

 

South Family

Address:  17600 A Santa Fe Avenue, East Rancho Dominguez, CA 90221

Fax Number: (310) 898-1848

 

West Valley

Address: 21415-21615 Plummer Street, Chatsworth, CA 91311

Fax Number: (818) 576-9527

 

Determining Time Eligibility and DOE for RCA

RCA

RCA is provided to persons defined as refugees who have been determined to be ineligible for CalWORKs or SSI/SSP and who are within 12 months from the DOE.

DOE

Eligibility for RCA is limited to 12 months based on the refugee’s DOE. The correct DOE must be determined to provide the correct amount of RCA aid payments and to refer refugees to the correct WtW Program.

 

When it involves a newborn, the month of birth is counted as the first month. 

 

The month of entry indicated on the USCIS Form I-94, Arrival/Departure Record, is counted as the first month. Exceptions include:

 

·           

Asylees who are eligible for RCA beginning on the date they are granted asylum;

·           

Victims of severe forms of trafficking who are eligible for RCA beginning on the date they are certified by ORR;

·           

Eligible family members of certified trafficking victims who are eligible for RCA from the date the Derivative T-Visa is issued; or

·           

Eligible Cuban/Haitian Entrants time eligibility (including children born in the U.S. resettlement camps) begins with their date of parole, which is the date they are released from USCIS custody.

 

Note:  After the RCA 12-month time expiration period is reached, there may be possible eligibility for CalWORKs or General Relief due to changed circumstances.

 

A DOE:

 

·           

Cannot be verbally reported by a refugee; and

·           

May not be shown on any of the following USCIS documents:

 

 

o     

I-551, Permanent Resident Card;

 

o     

I-688B, Employment Authorization Card (obsolete); or

 

o     

I-766, Employment Authorization Document.

 

Treatment of Income

Income

RCA applicants/participants with income should be treated in the same way as CalWORKs when determining the need and computing the assistance payment.

 

Exception: The sponsored noncitizen deemed income provisions in the CalWORKs Program do not apply to RCA cases. 

 

Refer to AR 44-133 Treatment of Income for detailed information.

Reception and Placement Cash

RCA

 

All reception and placement cash provided by RAs to refugees after their arrival to the U.S. is not counted as income in determining the applicant’s/participant’s eligibility for RCA benefits. RAs provide reception and placement cash to refugees within their first 90 days in the U.S.

 

CalWORKs

 

Reception and placement cash is not exempt under the CalWORKs Program and is treated as property. Property is evaluated at the time of application only for RCA cases.

 

Refer to Procedures Section for additional information.

Semi-Annual Reporting (SAR)

RCA participants are subject to SAR rules, including the submission of a SAR 7.

 

Refer to AR 44-316.3 Mid-Period Reports and County Actions  and Operations Handbook 23-111 Processing of the QR 7-LA and SAR7 Reports for detailed information.

Resources

Existing real and personal property limitations for CalWORKs must be followed for RCA. However, any resources remaining in the applicant’s country of origin is not considered in determining eligibility. 

 

Exception: The sponsored noncitizen provisions in the CalWORKs Program must not be applied to RCA cases.

 

Refer to AR 42-200 Property for detailed information.

Match Grant Program

The Match Grant Program is a four-month program in which Match Grant agencies provide financial aid and services to newly arriving refugees when at least one member of a refugee family is employable. Match Grant agencies in Los Angeles County include, but are not limited to:

 

·          Jewish Family Services;

·          International Institute of Los Angeles;

·          Catholic Charities; and

·          International Rescue Committee.

 

1.     Services offered in the Match Grant Program include, but are not limited to, cash aid, housing, and employment assistance;

2.     Match Grant and RCA cannot be received simultaneously. If a refugee is receiving Match Grant funds from an RA or Service Provider, they will generally apply for CalFresh and Medi-Cal only. Since Match Grant is generally a four-month cash aid program, typically this population will apply for RCA after four months or after exhausting all Match Grant funds/services; and

3.     Applicants cannot receive Match Grant after receiving RCA.

 

A Match Grant recipient can be determined by viewing the Match Grant Referral Slip (MGRS) which identifies the applicant as a Match Grant recipient and/or income information can be requested. Generally, the applicant will receive the MGRS from the Match Grant Agency. The applicant can verbally disclose participation in the Match Grant Program if they do not have the MGRS or any other documentation verifying receipt of Match Grant funds. 

RCA District Offices

Currently, there are five designated RCA District Offices that process RCA cases in Los Angeles County. These offices are:

 

1.     Glendale;

2.     El Monte;

3.     Metro North;

4.     South Family; and

5.     West Valley.  

 

If an applicant chooses to apply for RCA in a district office that is not a designated RCA District Office, district staff is to inform the applicant that an application can be taken and then transferred to the RCA District Office nearest their home.

RCA Forms

CalWORKs Program forms are to be used for RCA eligibility determination unless alternate forms are approved for use.

 

There are additional forms specific to RCA cases that should be used as needed. Refer to the Forms Section for a list.

Waiving CalWORKs Deprivation/ Relationship Requirements

Most program requirements (grant level, income, property, and the treatment of income) which apply to CalWORKs also apply to RCA; however, deprivation requirements (i.e., absence, death, disability, or unemployment of a parent) and relationship requirements applicable to the CalWORKs Program are waived under RCA, and aid must be granted without regard to the presence of children, age, or number of hours worked.

Diversion

Refugees are not eligible to Diversion Service payments.

Eligibility for Medi-Cal and CalFresh

RCA families/individuals are eligible to receive Medi-Cal and CalFresh. RCA participants must be informed of their cash-linked Medi-Cal benefits. 

Beginning Date of Aid (BDA)

The BDA for RCA is the date of application, provided the 12-month time limit is not exceeded.   

 

BDA for Trafficking Victims Transitioning from TCVAP to RCA

 

The BDA for trafficking victims transitioning from TCVAP to RCA is the first of the month after TCVAP benefits are discontinued. TCVAP benefits should be discontinued with a timely Notice of Action (NOA) and RCA must be approved without a break in aid.

 

Upon transitioning from TCVAP to RCA, a certification letter issued by ORR should be received by the participant and contains a date of certification which serves as the DOE. An additional 12 months of RCA can be received (with or without a T-Visa) from the date of the certification letter. If the date on the certification letter exceeds 12 months, additional RCA benefits will not be approved.

 

When the ORR certification letter is received, it is the participant’s responsibility to notify the County of any change in status.  

Social Security Number (SSN) Rules/ Requirements

RCA

 

RCA participants are exempt from providing an SSN. 

 

Staff may request that an RCA applicant voluntarily provides their SSN and must: 

 

1.     Inform the application that the disclosure is voluntary; and

2.     Explain how the CWD intends to use the SSN.

 

Aid must not be denied based on an RCA participant’s refusal to voluntarily disclose their SSN.

 

Regular CalWORKs

 

The SSN requirements apply to Regular CalWORKs (non-TCVAP). However, trafficking victims transferring to Regular CalWORKs (from TCVAP) 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.

 

TCVAP

 

TCVAP participants are exempt from providing an SSN.

60-Month Time Clock

RCA participants are not subject to the 60-Month Time Clock for cash aid. They are only eligible for 12 months of RCA from the DOE.

RCA Assistance Units (AU)

RCA AUs can be made up of the following individuals:

 

·           

Single adult refugees;

·           

Emancipated minor refugees. Unemancipated minor refugees cannot establish their own RCA AU;

·           

Married couples without children must be included in the same AU. Opening and approving separate cases allows the individual to receive more benefits than they are entitled to receive, thus creating an overpayment in benefits; and 

·           

Parents and their children under 18 years of age.

URMs

A URM is a person who entered the U.S. unaccompanied with no legal relationship established with an adult and:

 

·           

Is under the age of 18;

·           

Has no parents in the U.S.;

·           

Does not have a close non-parent caretaker relative who is willing and able to care for the child;

·           

Is not destined to a parent or adult with a clear, verifiable legal claim to custody of the minor; and

·           

Has been granted Special Immigrant Juvenile status by DHS.

 

A URM is to be referred to CalWORKs Program so that the State/Refugee Programs Bureau can be contacted to:

 

·           

Provide guidance regarding State services/agencies who can provide assistance to the URM; and

·           

Notify a contracted State agency who operates the URM Program.

 

These provisions also apply to unaccompanied Cuban/Haitian Entrant minors.

Program Hierarchy

Refugees are to be initially evaluated for eligibility to CalWORKs. If there is no eligibility to CalWORKs, the refugee must be evaluated for eligibility to RCA. 

Eligibility for CalWORKs and SSI/SSP Programs

When a refugee applies for public assistance, the refugee must be evaluated for cash aid which includes:

CalWORKs: Refugees/Asylees who qualify for assistance under the CalWORKs Program must be aided under the CalWORKs Program. Those who do not qualify for CalWORKs must have their eligibility determined for RCA.  The refugee has no option as to program preference.

 

SSI/SSP:  As a condition of eligibility for CalWORKs, all refugees who are aged, blind, or disabled for at least 12 months as determined by their physician must apply for SSI/SSP. 

 

RCA applicants/participants have the option of applying for SSI/SSP directly with the Social Security Administration (SSA). All disabled RCA applicants/participants determined to be potentially eligible for SSI/SSP are mandated to submit an application and accept SSI/SSP, if the application is approved. If an RCA applicant/participant refuses to apply for SSI/SSP (potentially available income), the RCA application/case is to be denied/discontinued.

 

RCA applicants/participants who choose to apply directly with SSA must provide written documentation/receipt from SSA that they have applied for SSI/SSP. The verification must be provided within 30 calendar days from the date of referral to SSA.

 

If…

Then…

U.S. Children Born and Living with both Refugee Parents

They are eligible for cash (CalWORKs or RCA) and medical assistance. They must be included in the parent’s case.

U.S. Children Born to a U.S. Born Citizen Parent and a Refugee Parent, but only resides with the Refugee Parent

The children must be included in the refugee parent’s case to be eligible for cash (CalWORKs or RCA) and medical assistance.

U.S. Children Born and Live with U.S. Born Citizen Parent and Refugee Parent

If the family meets the CalWORKs eligibility requirements, they can all be aided in the CalWORKs case.

 

If the family does not meet the CalWORKs eligibility requirements, e.g., no deprivation, then only the refugee parent can be aided on the RCA case provided they meet all other RCA eligibility requirements. In this instance, the U.S. citizen parent and child cannot receive RCA.

RS 3, Service Provider Referral/ Notification Form

The RS 3 is used to register the applicant for employment training services.

 

Service Provider Referral/Notification Form

 

A completed and stamped RS 3 must be imaged as written evidence that the applicant is registered for an approved employment and educational training program within 30 days of the application for RCA, unless otherwise exempt from participation. The RCA application cannot be approved without the completed RS 3. Because RCA is only a 12-month program, immediate engagement in employment/educational training is required.

 

Refugees who are 60 years of age and over do not need to complete the RS 3 because they are exempt from work registration. They also do not need to:

 

·           

Register for employment/educational services;

·           

Be referred to participate in employability services; or

·           

Submit a doctor’s statement as proof of exemption.

 

If a refugee who is 60 years of age and older volunteers for work registration, the RS 3 needs to be completed since the refugee will be receiving services from a service provider. 

 

Employment Services

REP vs GAIN

A refugee/asylee participant who has been in the U.S. up to 60 months would be assigned to REP. A refugee participant who has been in the U.S. more than 60 months would be enrolled in the GAIN WtW Program.

 

RCA Refugees/Asylees Registering for Employment/ Training Services

All RCA applicants/participants are required to register and participate in employment/training services under REP, unless determined to be exempt, as a condition of eligibility.

 

Exemption from Registering for Employment/

Educational Services

One of the following must apply if a refugee/asylee is to be exempt from registering for employment/educational services:

 

·           

Under 16 years of age;

·           

Age 60 or older. Exemptions due to age do not require a doctor’s statement. The GAIN exemption code 04 is given for anyone age 60 or older;

 

Note:  Refugees who are 60 years of age and older can volunteer for employment/educational services.

 

·           

Sixteen or 17 years of age and a full-time student;

·           

Eighteen years of age and a full-time student (12th grade or below) or in an equivalent level of vocational or technical training and must be expected to complete the 12th grade or training program by their 19th birthday;

·           

At least 16 but not yet 18 and participating full-time in vocational or technical school or training;

·           

Afflicted with an illness or injury that is serious enough to temporarily prevent their entry into the employment/training program. The illness or injury must be verified by a doctor’s written statement;

·           

Incapacitated due to a mental or physical impairment;

·           

Caring for a physically or mentally impaired household member as verified by a physician’s written statement;

·           

A parent or caretaker relative who cares for a child under six months of age with brief and infrequent absences from the child. Only one parent or other relative is exempt;

·           

Working more than 32 hours a week in unsubsidized employment, which is expected to last a minimum of 30 days. The exemption continues to apply if there is a temporary break in full-time employment which is expected to last no longer than ten workdays; or

·           

A pregnant woman who provides medical verification that the pregnancy impairs her ability to be regularly employed or participate in employment/training related activities. An exemption based on a medically-verified pregnancy may also be granted if it is determined that participation will not readily lead to employment or the training activity is not appropriate.

 

REP After RCA/CalWORKs Discontinuance

A refugee can continue to receive REP, usually up to 60 months from the DOE, regardless of RCA or CalWORKs discontinuance.

 

 

Eligibility for Full-Time Students in an Institution of Higher Learning

Full-Time School Attendance

Full-time students in a college program in an institution of higher education are not eligible for RCA.

 

However, refugees/asylees who are enrolled and participating in training programs offered at an institution of higher education on a less than full-time basis as part of a plan developed by GAIN are not to be denied or discontinued from RCA when attendance in classes in the program changes to full-time status.

 

In addition, when an employed RCA participant is a professional in need of professional refresher training and other services to qualify to practice their licensed profession in the U.S., the training may consist of full-time attendance in a college or professional training program provided that the training:

 

·        

Is approved as part of the GAIN employability plan;

·        

Does not exceed one year (including any time enrolled in the program in the U.S. prior to the RCA application for aid. If verification for this does not exist, the participant’s statement on a PA 853, Affidavit, can be accepted); and

·        

Is specifically intended to assist the participant in becoming relicensed in their profession, and if completed, can realistically be expected to result in such relicensing.

 

Full-Time Student

 

A full-time student is a student attending an institution of higher education at least:

 

·        

Twelve semester hours or 12 quarter hours per academic term in an institution using the semester, trimester or quarter hour systems;

·        

Twenty-four semester hours or 36 quarter hours per academic year for institutions using credit hours to measure progress but not using semester, trimester or quarter systems, or the prorated equivalent for programs of less than one academic year; or

·        

Twenty-four hours per week.

 

An institution of higher learning is a:

 

1.      

Public or private nonprofit educational institution that provides:

 

 

·           

An educational program which awards an associate baccalaureate, graduate, or professional degree; or

 

·           

At least a two-year program which is acceptable for full credit toward a baccalaureate degree; or

 

·           

At least one-year training program which leads to a certificate or degree and prepares students for gainful employment in a recognized occupation.

 

2.      

Proprietary institution of higher education which provides at least a six-month program of training to prepare students for gainful employment in a recognized occupation.

3.      

Post-secondary vocational institution which is a public or private nonprofit educational institution and provides at least a six-month program of training to prepare students for gainful employment in a recognized occupation.

 

Notices

NOAs

NOAs are to be sent to the applicant/participant at least ten days before RCA is reduced, suspended, or discontinued. The written notice should clearly state the:

 

·       Action that will be taken;

·       Reason(s) for the action;

·       Program(s) which the notice applies to; and

·       Rights to request a hearing.

 

Discontinuance Notice

 

When the participant is notified of the case discontinuance due to reaching the time limit on RCA, the:

 

·           

Case file should be reviewed to determine possible eligibility for CalWORKs or General Relief due to changed circumstances;

·           

NOA must indicate the results of the possible eligibility determination for CalWORKs or General Relief; and

·           

NOA must include the reason for the RCA discontinuance.

 

Aid Payments

Recurring Special Needs Payments

RCA participants are eligible for recurring special needs payments, including pregnancy special needs payments. Aid payments for RCA cases are based on CalWORKs payment standards.

Nonrecurring Special Needs Payments

Refugees/Asylees and T and U-Visa participants are eligible for homeless special needs payments under the CalWORKs Program; they are ineligible to this payment under the RCA Program. 

 

Nonrecurring special needs allowances do not pay for loss that occurred before a refugee’s arrival in California or an asylee’s asylum date is granted. The assistance is not to replace items of property that were left in a refugee’s country of origin.

Homeless Assistance (HA)

·           

Refugees/Asylees aided through CalWORKs can access all the CalWORKs HA Programs provided they are in REP. This includes the Permanent HA, Temporary HA, Permanent HA Arrearages, Moving Assistance, Emergency Assistance to Prevent Eviction, Temporary HA Program+14, and 4-Month Rental Assistance Programs.

·           

Refugees/Asylees aided through RCA are ineligible to the county and State HA Programs.

Immediate Need Payments

RCA applicants/participants are not eligible for Immediate Need payments. Where there is an urgent need for assistance, the RCA grant must be issued in an expedited manner within 48 hours provided all eligibility requirements are met.

 

Overpayment/Underpayment Adjustments and Fraud Referrals

Establishing Claims

CalWORKs policy is to be followed to establish claims for RCA Program cases as follows:

 

·          Recoupment of overpayments;

·          Correction of underpayments; and

·          Fraud procedures.

 

RCA time eligibility is 12 months from DOE. If RCA exceeds 12 months, an overpayment will result. All necessary actions must be taken to recoup the RCA overpayment.

 

Refer to AR 44-350 Overpayments for detailed information. 

 

Discontinuance of Aid

RCA Discontinuance

The policy for the discontinuance of aid payments to refugees in the RCA Program is the same as in the CalWORKs Program. Other reasons for discontinuance of RCA are as follows:

 

1.     A sponsor is meeting the full needs of the refugee or refugee family;

2.     A refugee marries a U.S. citizen or other nonrefugee, including a time-expired refugee, who can meet the refugee’s needs;

3.     A refugee becomes time-expired or loses refugee status;

4.     A refugee fails to meet, without “Good Cause,” the registration, employment, and educational/training requirements; or

5.     A refugee fails to meet the provisions of the Child Support Enforcement Program, unless exempt. Given the unique circumstances many families have experienced, applicants/participants must be informed of their right to submit a Good Cause claim for non-cooperation when it is in the best interest of the child.

 

Example Ukraine cannot meet its commitments

to process child support cases for the foreseeable future due to the war.

 

For more details, refer to 82-500 Child Support Enforcement Program.

 

Inter-County Transfers

Inter-County Transfer of RCA Cases

CalWORKs regulations are to be applied in RCA Inter-County Transfer cases.

 

Refer to Office Operations 02-321 Inter-County Transfers for detailed information.

 

Central American Minors

CAM Program

Refugees

 

Minors who enter the U.S. through the CAM Program as refugees:

 

·           

Are eligible for ORR benefits and services to the same extent as any other child with refugee status;

·           

Should have their application processed the same as an application for benefits and services for other refugees; and

·           

Are not entitled to any extraordinary or additional refugee benefits or services from ORR beyond those benefits available to any eligible refugee child.

 

Parolees

 

Minors who enter the U.S. through the CAM Program as parolees:

 

·        

Are not eligible for ORR benefits and services. After a five-year waiting period, they may potentially be eligible for mainstream federal benefits. Parole is a temporary status and does not confer any permanent legal immigration status or path to permanent legal immigration status in the U.S.;

·        

Are eligible to attend school and/or apply for employment authorization; and

·        

Will be in parole status for an initial period of two years and may request a renewal.

 

Specifically, for CalFresh eligibility, parolees will be eligible for both federal Supplemental Nutrition Assistance Program and California Food Assistance Program after five years from the DOE if they meet both of the following:

 

·        

Qualified noncitizen; and

·        

Have lived in the U.S. as a qualified noncitizen for five years from the DOE.

 

Other Family Members

 

Unmarried children under the age of 21 of the qualifying child can be included as derivatives on the DS-7699, Affidavit of Relationship. The parent of the qualifying child who is not the qualifying parent can be included on the request if all of the following conditions are met:

 

·                

They are part of the same household and economic unit as the qualifying child;

·                

They were legally married to the qualifying parent at the time of the CAM Program Affidavit of Relationship was filed; and

·        

They continue to be legally married to the qualifying parent until the parent arrives in the U.S.

Verification Documents

Non-USCIS issued documentation such as travel and transportation letters issued by the U.S. DOS is not acceptable as verification of immigration status. These letters do not meet eligibility documentation requirements because they are not issued by USCIS. 

 

Note:  The DOS letter should not be confused with the DHS Form I-571, the U.S.

Refugee Travel Document.

 

The following categories of immigration status are considered refugees for program eligibility purposes.  For each defined immigration status, documentation issued by USCIS includes, but is not limited to, the information provided below:

 

Immigration Status

Policy Description

Types of Verification

Issued by USCIS, but is not limited to:

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

Persons admitted usually under emergency circumstances.  Parolees not admitted as refugees/asylees and admitted for a specific period are not eligible for benefits. 

 

Non-Cuban/Haitian Humanitarian/Public Interest Parolees are not eligible to RCA but are eligible to CalWORKs, General Relief, CalFresh and Medi-Cal.

·        

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”

·        

I-571 (Refugee Travel Document)

Afghans

For individuals who were not housed in the Safe Havens, examples of verification that can be provided confirming the Afghans eligibility status are outlined within Attachment I

 

Safe Haven Verification

 

For individuals who arrived at a Safe Haven, staff must use the applicant’s plane ticket, assurance, immigration documentation, or other federal documentation from the military bases to verify they entered into the community. 

 

Note:  If unable to provide verification of their departure from a Safe Haven, staff may first contact the locally affiliated RAs only if the AHP is unable to obtain documents. 

 

Verbal/Written attestation may be accepted if all other efforts are unsuccessful as long as verification is obtained within 60 days.

Reference Attachment I

Cuban/Haitian- INA Section 501(e)

Examples of verification that can be provided confirming the Cuban/Haitian Entrant nationality and immigration status are outlined within Attachment II; there are four main categories. 

 

Note: 

 

1.     ORR benefits must continue to be issued even though the I-94 inaccurately states the following:

 

“This form does not convey authorization to receive any type of public benefit.”

2.     Some Cuban parolees may have a non-Cuban spouse/children who do not meet the definition of Cuban/Haitian Entrant. These individuals are not eligible unless they have another qualifying status that is not Cuban/Haitian Entrant.

Refer to Attachment II.

Ukrainians

Examples of verification that can be provided confirming the Ukrainians eligibility status are outlined within Attachment III.

Reference Attachment III. 

Refugee – INA Section 207

Persons admitted into the U.S. because of fear of persecution in their own country.

·        

I-94 Section 207 of the INA

·        

I-688B Section 274.12(a)(3)

·        

I-766 Category “A3”

·        

I-571

·        

I-551 Category RE1, RE2, RE3, RE6, RE7, RE8, IC6, IC7, IC8, IC9, MB93

Asylee – INA Section 208, 208a

Person who meets the requirements for refugee status but are already present in the U.S. and have been granted asylum

 

Note:  Applicants awaiting asylum (pending approval) are not eligible for benefits.

·        

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, AS8

·        

Grant letter from immigration or Asylum Office

·        

Order of an immigration judge granting asylum

Certified Trafficking Victim/T-Visa Approved

Victims of trafficking that have been certified by ORR.

 

Derivatives

 

Eligible family members of a victim of a severe form of trafficking certified by ORR.

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

 

Note:   Trafficking victims not yet certified are not eligible to federal RCA benefits.  These individuals are eligible to TCVAP benefits provided all other eligibility requirements are met. 

 

Derivatives

 

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

Amerasian

Southeast Asian children fathered by U.S. citizens and born in Southeast Asia. Spouses, children, parents, or guardians may accompany the immigrating 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, A38

·        

Vietnamese or U.S. passport stamped AM1, AM2, AM3

LPR

Noncitizens who are lawfully admitted for permanent residence by USCIS provided the individual previously held one of the statuses identified above.  Also, known as “Permanent Resident Alien,” “Resident Alien Permit Holder,” and “Green Card Holder.”

·        

I-94 that states “Processed” for I-551

·        

I-551

·        

A foreign passport stamped showing unexpired temporary evidence of LPR status

·        

I-327 “Reentry Permit” which is given to an LPR when traveling outside of the U.S. for an extended period

Conditional Entrants – INA Section 203

Primary method of entry for refugees from 1965 to 1980 (abolished in 1980).

 

·        

I-94 annotated with “Paroled as a refugee,” or “Paroled as an asylee,” or Section 203(a)(7)

·        

I-766 Category “A3”

·        

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

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

Persons who prove they would be persecuted if returned to their country. This status does not lead to permanent residence.

·        

I-688B Section 274.12(a)(10)

·        

I-766 Category “A10”

·        

Order from immigration judge showing deportation withheld or cancellation of removal under Section 243(h) or 241(b)(3)

 

Document Types

I-94, Arrival/ Departure Record

Refugees, like all other legal noncitizens, are required to provide documentation of their immigration status. An I-94, Arrival/Departure Record, is issued by Customs and Border Protection (CBP) to refugees/asylees as verification of immigration status. The I-94 is usually issued upon arrival to the U.S.

 

Refugees’ verification of immigration status can also include the letter granting asylum, order of an immigration judge granting asylum, or a passport with an “asylee” designation. 

 

The I-94 form is the Arrival/Departure Record and is in either paper or electronic format which is issued by a CBP Officer to foreign and/or non-U.S. citizen visitors entering the U.S. After April 20, 2013, most Arrival/Departure records have been created electronically upon arrival. Instead of a paper form, the visitor is given an annotated stamp in the foreign passport.

 

If a paper form is given, the I-94 is attached to the visitor’s passport and the departure date is stamped on the form.

 

The I-94 contains information that is used to determine the:

 

1.     Applicant’s eligibility for RCA benefits; and

2.     Number of months the applicant can receive aid.

 

Both sides of the I-94 are to be photocopied and reviewed to ensure that all copied information captured is legible before imaging.

 

Paper Format – I-94 – Front

 

Paper Format – I-94 - Back

 

 

Warning   A nonimmigrant who accepts unauthorized employment is subject to deportation.

Important   Retain this permit in your possession; you must surrender it when you leave the U.S.

Failure to do so may delay your entry into the U.S. in the future.

You are authorized to stay in the U.S. only until the date written on the form. To remain past the date,

Without permission from Department of Homeland Security authorities, is a violation of the law.

Surrender this permit when you leave the U.S.:

-  By sea or air, to the transportation line;

-  Across the Canadian border, to a Canadian Official;

-  Across the Mexican border, to a U.S. Official.

Students planning to reenter the U.S. within 30 days to return to the same school, see “Arrival-

Departure” on page 2 of Form I-20 prior to surrendering this permit.

 

                                                                  Record of Changes

________________________________________________________________________________________________________________________________________________________________________

 

________________________________________________________________________________________________________________________________________________________________________

 

________________________________________________________________________________________________________________________________________________________________________

 

________________________________________________________________________________________________________________________________________________________________________

Port:                                                                                                            Departure Record

Date:

Carrier

Flight No./Ship Name:

 

Electronic I-94

http://efilipinowomen.com/wp-content/uploads/2015/01/i-94-homeland-security.jpg

 

I-551, Permanent Resident Card

A Permanent Resident Card is issued to refugees who are eligible to adjust their status to permanent resident within one year of the DOE.

 

http://www.uscis.gov/sites/default/files/images/Verification/I9Central/SignatureWaivedGreenCard_I9Central.jpg

 

Stamped Passport

Upon arrival, a CBP Officer stamps the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the length of time the non-immigrant is allowed to travel. 

I-766, Employment Authorization Document

Refugees who are not yet a U.S. citizen or a permanent resident may be eligible for employment authorization and may have an I-766, Employment Authorization Document.

The front of the card contains a photo, fingerprint and signature of the rightful holder. The reverse contains a standard bar code, magnetic strip, and a two-dimensional bar code which will contain unique card, biographic and biometric data. The DOE does not appear on the I-766.

 

I-688B, Employment Authorization Document, formerly issued by USCIS to noncitizens is no longer issued effective October 1, 2006.

 

Employment Authorization Document – Front

 

 

Employment Authorization Document – Back

 

 

N-550 Certification of Naturalization

When a participant provides proof that an aided household member becomes a naturalized U.S. citizen, this status must be updated within the case immediately.

 

Persons who become naturalized U.S. citizens will have an N-550. A replacement certification (N-550) issued by USCIS is needed if the original N-550 is lost or destroyed. 

 

 

 


 

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Acceptable Immigration Documentation for Afghan Nationals


 

 

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Acceptable Immigration Documentation for Ukrainian Nationals