|
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:
|
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

|
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.

|
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.

|
|