Eligibility Based on 40 Work Quarters

[63.405.4]

The 2002 Farm Bill significantly expanded SNAP eligibility for noncitizens residing in the U.S. in a qualified alien status for 5 years. It also effectively reduced the applicability of the 40 quarters of work requirement for LPRs. Generally, an LPR must have worked for 10 years cumulatively before becoming eligible to participate in SNAP. Since an LPR becomes eligible for SNAP after residing in the U.S. for 5 years, whether or not they have any qualifying quarters as a result of the 2002 Farm Bill, the 40-quarter requirement is now only applicable in limited cases. For example, LPRs who have been in the United States for less than 5 years may claim 40 qualifying quarters of work by claiming quarters credited from a parent's work earned before the applicant became 18 or from a spouse's work to be eligible for SNAP.

Procedure

For “qualified” noncitizens who do not meet one of the other criteria, EWs must:

1. Have the applicant/recipient complete the SAWS 2 Plus, CF 285, or interactive interview.
2. Interview the applicant/recipient to determine how long the noncitizen and their parent(s) or spouse have lived and worked in the United States.
3. Interview the applicant/recipient to determine whether the noncitizen and their parent(s) or spouse have ever:
   1. Commuted to work in the U.S. from another country before coming to live in the U.S or
   2. Worked for a U.S. company overseas and paid U.S. income taxes or Social Security taxes.
4. If the interview results indicate that the noncitizen meets, may meet, or believes that he/she meets the 40 credits of qualifying employment requirement, view the Display Work Quarters Summary window for each relevant person necessary to establish eligibility. A Release of Information form is NOT required.
5. For EXPEDITED SERVICE CASES, approve them, if otherwise eligible, with a Postponed Verification case status (1 or 2 month certification period) IF:
   1. the “QC History” summary is NOT received within the required time frame, and
   2. the noncitizen has declared on the SAWS 2 Plus, CF 285, that he/she has the required 40 credits of qualified employment.
6. Explain to the applicant/recipient that if they do not have the required credits, any CalFresh benefits issued to which they were not eligible will be declared an overissuance and must be repaid.
7. For ALL OTHER CASES, wait until the “QC History” summary is received, and then take action as per the following chart.

“Quarter of Coverage (QC) History” Report

The SSA system will provide a “Quarter of Coverage (QC) History” report for those individuals for whom it was requested as part of the IEVS/SAVE process. The report shows a star ** in any quarter credited (i.e., the individual met the earnings requirement). Also at the top of the report is the total of credits credited through 1996 and the total of credits credited after 1996.

Note: If the household asserts that members have 40 quarters of work history, but the SSA cannot confirm the information and is conducting an investigation to determine if additional quarters can be credited, the county must certify the household pending the results of the investigation for up to six months from the date of the original determination of insufficient quarters. A sworn statement, a legally enforceable contract, is considered sufficient temporary verification as long it is completed in front of a U.S. Notary Public or a USCIS or Consular Officer.

Lag Quarters

Depending upon when the request is submitted, the "QC History” report will not contain the current and/or preceding calendar year information due to the normal processing cycle of employer-provided information. These current-year quarters and preceding-year quarters, which do not show on the report, are called Lag Quarters.

Non-covered Earnings

Non-covered earnings are earnings for which Social Security taxes were not withheld (e.g., earnings of certain public employees or earnings paid in cash). Therefore, the credits for these earnings do NOT appear on the “QC History” report.

If an applicant/recipient claims earnings from non-covered employment, the credits for those earnings can be counted if satisfactory evidence is provided. Acceptable evidence includes:

• Taxpayer’s actual copy of W2 or W-2c forms, or
• A copy of the applicant’s federal or state income tax return (with a photocopy of W-2 or W-2c attached) or
• Employer-prepared wage statements.

Processing the Report

When the “QC History” report is received, process according to this chart:

• If the existing SSA records support the individual’s claim of sufficient credits of qualifying employment, then the noncitizen and any other noncitizens whose eligibility is contingent on this individual having the 40 credits of qualifying employment meet the “exception criteria” and are federal SNAP eligible, if otherwise eligible.
• If the existing SSA records do NOT support the individual’s claim of sufficient credits of qualifying employment, but the applicant/recipient believes the information provided by SSA is incomplete or inaccurate, then the noncitizen and any other noncitizens whose eligibility is contingent on this individual having the 40 credits of qualifying employment are not federal SNAP eligible. Explore eligibility for CFAP.
  • Advise the client of the appeal procedure available through the Social Security Administration (SSA). SSA will assist the individual to determine if such credits can be established and provide them with proof that the number of credits of qualifying employment is under review.
• If the existing SSA records do NOT support the individual’s claim of sufficient credits of qualifying employment, but the applicant/recipient believes the information provided by SSA is incomplete or inaccurate due to the missing Lag Quarters or non-covered earnings, then have the noncitizen provide:
  • EMPLOYER-PREPARED wage statements,
  • W-2 or W-2c, or
  • Internal Revenue Service copy of the income tax return.
    • [Refer to “Credits of Qualifying Employment,” pages 14-21] for information on how to determine credits of qualifying employment based on reported earnings.]
  • Add the number of credits determined countable from lag quarters or non-covered employment to the number of credits reported on the QC History report.
    • If the noncitizen has the required 40 credits, then the noncitizen and any other noncitizens whose eligibility is contingent on this individual having the 40 credits of qualifying employment are eligible for federal SNAP benefits if otherwise eligible.
    • If the noncitizen does NOT have the required 40 credits of qualifying employment or cannot provide verification of the Lag Quarters or non-covered earnings, then advise the client of the appeal procedure available through the Social Security Administration (SSA). SSA will assist the individual to determine if such credits can be established and provide them with proof that the number of credits of qualifying employment is under review. Explore eligibility for CFAP benefits.
      • See the following box if the client has filed an appeal through SSA.
• If the final determination from SSA indicates that the individual (in combination with their spouse and/or parent(s)) has the required 40 credits of qualifying employment, then the noncitizen and any other noncitizens whose federal eligibility is contingent on this individual having the 40 credits of qualifying employment are eligible for federal benefits, if otherwise eligible.
  • Change the individual(s) from CFAP to federal SNAP eligible.
• If the final determination from SSA indicates that the individual (in combination with their spouse and/or parent(s)) does NOT have the required 40 credits of qualifying employment, then no action is required. The individual(s) remain on CFAP.

Credits of Qualifying Employment

Federal Means-Tested Exclusion

Beginning with the first quarter of 1997, no credit of qualifying employment shall be countable if the individual who earned it received any FEDERAL means-tested public benefits during the quarter for which it was credited.

For our definition, federal means-tested public benefits include Federal CalWORKs, RCA, Medi-Cal, SSI, and the Federal food assistance program known as SNAP. The CFAP and State CalWORKs are NOT considered federal means-tested public benefits. However, since all individuals receiving state CalWORKs automatically receive Medi-Cal benefits, the quarters in which the individual received state CalWORKs CAN NOT be credited due to the receipt of Medi-Cal.

ExampleExample

ExampleExample

ExampleExample

Credits for qualifying employment earned PRIOR to 1997 count regardless of whether the individual received any federal means-tested public benefits during the quarter for which they were credited.

Reminder: At EVERY recertification, the EW must review to determine whether the individual meets the 40 qualifying quarters requirement.

Current Year - Computation of Credits of Qualifying Employment

A current year’s credit for a quarter that has ended may be used in the 40 credits of qualifying employment computation. The term “calendar quarter” means the 3 calendar month period ending with March 31st, June 30th, September 30th, and December 31st of any year. DO NOT COUNT CREDITS FOR CALENDAR QUARTERS THAT HAVE NOT ENDED, even if the individual has sufficient earnings to qualify for the credit. Use the current year amount as the divisor to determine the number of credits of qualifying employment available, always rounding down the result.

To determine the number of credits of qualifying employment to be counted for the current year, use the LESSER of:

• The number of quarters that have ended for the current year OR
• The number of credits of qualifying employment available based on total earnings divided by the amount needed per credit.

ExampleExample

Establishing Credits/Quarters - 1978 through the current year

For 1978 and later, credits are based solely on the total yearly earnings. All types of earnings follow this rule. The amount of earnings needed to earn a credit increases and is different for each year. [Refer to “Current Year - Computation of Credits of Qualifying Employment,” pages 14-23] for additional information.]

For 1978 through 2005, the amount of earnings needed for each credit is:

YEAR	AMOUNT NEEDED FOR EACH CREDIT	YEAR	AMOUNT NEEDED FOR EACH CREDIT	YEAR	AMOUNT NEEDED FOR EACH CREDIT
2007	$1000***	1997	$670***	1987	$460
2006	$970***	1996	$640	1986	$440
2005	$920***	1995	$630	1985	$410
2004	$900***	1994	$620	1984	$390
2003	$890***	1993	$590	1983	$370
2002	$870***	1992	$570	1982	$340
2001	$830***	1991	$540	1981	$310
2000	$780***	1990	$520	1980	$290
1999	$740***	1989	$500	1979	$260
1998	$700***	1988	$470	1978	$250
MAXIMUM OF 4 CREDITS PER CALENDAR YEAR *** Beginning in 1997, any credit CANNOT be counted if the individual who earned it received any federal means-tested public benefit during the quarter for which it was credited.

Establishing Credits - 1977 and earlier years

For 1977 and earlier years, an individual earned:

• One credit for each calendar quarter in which an individual was paid $50 or more in wages (including agricultural wages for 1951-1955),
• Four credits for each taxable year in which an individual’s net earnings from SELF-EMPLOYMENT were $400 or more and/or
• One credit for each $100 (limited to a total of 4 yearly) of agricultural wages paid during the year for the years from 1955 through 1977.

Combining Credits with Spouse/Parent(s)

Social Security credits (formerly called “quarters of coverage”) are earned by working at a job or as a self-employed individual.
Each individual can only be credited with four (4) credits of qualifying employment per year based on their OWN employment.

The individual, for CalFresh purposes, can use credits of qualifying employment earned by:

•  Their current spouse (including those cohabiting and holding themselves out to the community as husband and wife by representing themselves to relatives, friends, neighbors, or tradespeople) DURING the spousal relationship. Refer to Spouse [63-102] and HH Decision.

  • Note: Any qualifying quarters from the ex-spouse are no longer countable after the final divorce. The EW must review every recertification to determine if the individual still meets the 40 qualifying quarters requirement.

•  Their former spouse if the marriage ended by death, but only for those quarters earned during the marriage.
• By their natural, adopted or step parent(s) while he/she was under 18.
  • An adopted child may use the quarters of his adopted parents after the adoption and those of his birth parents prior to the adoption.
  •  The step-child can use a step-parent’s credits if the step-parent relationship still exists. The death of the step-parent does not terminate the relationship. Upon divorce, the step-parent relationship ceases to exist.

ExampleExample

Declaration of Citizenship/Noncitizenship Status

Regulation

A valid declaration of citizenship/non-citizenship status is required for all CalFresh recipients:

• At initial application, and
• At application, when there is a break in benefits of one day or more.

Completing the forms listed below meets the citizenship/non-citizenship status declaration requirement. A new form is not required when the status changes.

• SAWS 2 Plus
  • Statement of Facts For Cash Aid, CalFresh and Medi-Cal/
  • State-Run CMSP
• CF 285
  • Statement of Facts

Sponsored Deeming

Sponsored noncitizens are admitted into the United States because another individual or group has completed an affidavit of support that attests they have sufficient income and resources to meet the noncitizen’s needs.

Deeming is a process in which a portion of the income and resources of a non-citizen’s sponsor is counted as income and resources available to the non-citizen.

Deeming applies only to eligible LPRs whose sponsors signed a legally binding affidavit of support on or after December 19, 1997. Prior to this time, affidavits of support were not legally binding, so the sponsor could not be legally compelled to support the noncitizen.

Guidelines

Sponsorship must be explored in the same way all other aspects of eligibility are explored. Carefully explore the circumstances under which the client entered the United States and whether they may be sponsored. When all reported information and verification are consistent, the client’s statement regarding sponsorship on the Statement of Facts is sufficient. An application cannot be approved until sponsorship is determined.

Note: If it is determined that the noncitizen is sponsored, the EW must also explore sponsorship exceptions.

Affidavit of Support (I-864 or I-864A)

The I-864 or I-864A is a legally binding contract that a sponsor has executed on behalf of a noncitizen as a condition of the noncitizen’s entry or admission into the United States. USCIS began using the I-864 and I-864A on December 19, 1997.

Regulation [63-503.49]

A portion of the income of the sponsor and the sponsor’s spouse, if he or she has executed the USCIS form I-864 or I-864A, is deemed as unearned income for the sponsored noncitizen and shall be considered in determining the eligibility and/or benefit level of the household of which the sponsored noncitizen is a member.

Note: Noncitizens whose sponsor signed an I-134 “Affidavit of Support” used prior to December 19, 1997, are no longer subject to sponsor-deeming rules.

The sponsored noncitizen is subject to the sponsorship provisions until the sponsored noncitizen:

• Achieves United States citizenship through naturalization; or
• Has 40 qualifying quarters of work history; or
• Is no longer a noncitizen lawfully admitted for permanent residence and leaves the United States; or
• Dies.

Note: The sponsor’s support obligation also terminates when the sponsor dies.

Use the following guidelines to help determine if the sponsorship regulations apply to the noncitizen:

• If the noncitizen...
• Gives inconsistent or unclear information, then the EW must clarify the situation.
• Continues to give conflicting information, then the EW requests secondary SAVE to obtain information regarding sponsorship if unable to clarify the situation with the client.
•  If the client states that they are not sponsored, the EW assumes that they are not sponsored as long as the information from the interview, circumstances surrounding the entry into the U.S., responses on the Statement of Facts, and USCIS documents and codes do not indicate that the client is sponsored. Refer to Noncitizen Categories and United States Citizenship and Immigrant Status Codes,” page 11-1 in the Common Place Handbook.]
• Does not know if they have been sponsored but is willing to have Social Services contact USCIS for this information, then the EW
  • Completes and sends the G-845S and G-845 Supplement to USCIS requesting Block #3 (Date status was granted) and #7 (Affidavit of Support information) be completed.
  • Set a case alert for 6 months from the request to return the forms.
  • Review and revise the case when the information is received from USCIS, IF the individual is sponsored.

    • Note: The client is eligible to participate for up to six months from the date of the original request for verification. However, any CalFresh benefits paid while USCIS verification was pending, to which the sponsored noncitizen was not eligible, is an overissuance.

• States they are sponsored and the sponsor is cooperating, then the EW applies the income deeming regulations. Approves or denies as appropriate.
• States they are sponsored, and the sponsor refuses to cooperate,
  or
• States they are sponsored and have tried to get their sponsor to cooperate and failed; the EW denies the application for the sponsored noncitizen(s) adults.

CFAP

The CFAP uses all of the federal sponsor deeming rules EXCEPT for the period of deeming, which is limited to THREE years from the date (the date the sponsor signs the affidavit of support) of the execution of the I-864 or I-864A. Refer to Deeming of Sponsor’s Income and Resources for complete CFAP information.

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CE Households

For CE households, the cash aid verifies the information of sponsored noncitizens at the initial application. However, CE households must cooperate in providing the sponsor information needed to determine monthly benefit amounts.

Sponsored Noncitizen's Responsibility

The sponsored noncitizen is responsible to:

• Obtain the cooperation of the sponsor.
• Provide the names (or other identifying factors) of other noncitizens the sponsor has agreed to support.
• Report changes in circumstances of the sponsor or sponsor's spouse, such as loss of employment or death.
• Report the number of dependents who are claimed or could be claimed as dependents by the sponsor or the sponsor's spouse

SAR 22 [63-405.7]

The “Sponsor’s Statement of Facts Income and Resources” (SAR 22) must be completed by the sponsor and the sponsor's spouse at the initial application and every recertification. The sponsor's income must be verified. If necessary, the EW must assist the noncitizen in obtaining verification.

Reminder: The SAR 22 is NOT required when the sponsored noncitizen meets the indigence exception or is exempted from deeming.

 

The sponsored noncitizen(s) is ineligible until the SAR 22 is received and verified. Allow 30 days for the sponsor to provide this. Use the following chart when a SAR 22 and/or income verification have not been received after 30 days.

• If the household fails (for example, the household is willing to provide the information but cannot obtain it from the sponsor and spouse) or REFUSES to provide a complete SAR 22 with income verification, then the sponsored noncitizen shall be ineligible. In determining the eligibility and/or benefit level of the remaining household members, the income of the ineligible noncitizen (excluding the attributed income of the noncitizen’s sponsor and sponsor’s spouse) shall be treated using excluded ineligible noncitizen rules.
• If the same sponsor sponsors all of the household members, then all adults (18 years of age and over) in the household are ineligible.

When SAR 22 information and verification are received, follow Budgeting Concepts to consider income from the sponsor and the sponsor's spouse for the sponsored noncitizen(s).

Sponsorship Exceptions [63-036, 63-403.6, 63-503.492]

Certain noncitizens are exempt from provisions for sponsored noncitizens. Do not apply sponsorship regulations if:

• The non-citizen or citizen child is under 18 years of age.

  • Note: If the child turns 18 during certification, the sponsor-deeming rule does not apply until the next recertification.

• The noncitizen participates in CalFresh as a member of his/her sponsor’s household. If the sponsor receives CalFresh in another household, the sponsor is not exempt from the deeming exemption.
• The sponsor was an organization, institution, or group (e.g., VOLAG) rather than an individual.
• The noncitizen is not required to have a sponsor under the INA. This includes but is not limited to, a refugee, Cuban-Haitian entrant, parolee, or an individual granted asylum in the U.S.
  • ExampleExample

    An applicant who is a Public Interest Parolee under Section 212(d)(5) of the INA is sponsored by his uncle who earns $4,000 per month. The sponsorship regulations do not apply to this individual and none of the uncle's earnings would be deemed to the CalFresh household. Any payments from the uncle to the noncitizen are considered income and are subject to the standard regulations on income and budgeting.

  • Exception: Under certain circumstances, the income from a sponsoring agency to some Soviet Jewish refugees admitted during the Federal fiscal year 1990 may be counted. Refer to Budgeting Concepts.

• The noncitizen is determined to be a battered noncitizen. [For definitions and verification requirements, Refer to the Common-Place Handbook, “Battered Noncitizens,” pages 14-15.]
  • The battered noncitizen is exempt from sponsorship requirements for 12 months after it has been determined that there is a substantial connection between the abuse/battery and the need for benefits, and the battered individual does NOT live with the batterer.
  • After 12 months, the batterer’s income will not be deemed if the battery is recognized by a court or the USCIS, the battery has a substantial connection to the need for benefits, and the noncitizen does NOT live with the batterer.
• Sponsored noncitizen adults wish to apply only for their children or other eligible household members (“opt-out”),
• Households with income below 130 percent of FPL (indigence), or
• Domestic violence survivors.

Indigent Noncitizen Determination

• A sponsored noncitizen is determined indigent if the sum of the eligible sponsored noncitizen household’s own current income and any cash contribution or in-kind assistance received from the sponsor and others does not exceed 130 percent of the FPL for the household size.
• The adult sponsored noncitizen is entitled to self-declare that s/he is indigent, in which case a determination of deemed income from the sponsor and verification of the sponsor’s income should not be required by the county, as it creates a barrier to program access.
• The sponsored noncitizen may self-declare that the sponsor does not support s/he. If the sponsored noncitizen makes a self-declaration of non-support, the county can only make the indigence determination based on the sponsored noncitizen household’s actual income and any other income actually received from others.
• If the indigent adult sponsored noncitizen declares receipt of income from a sponsor or any other source, only the amount of income actually received is considered to be the sponsored noncitizen's income.
• If the sponsored noncitizen cannot obtain verification from the sponsor, the county must accept other verification, including a written statement from the sponsored noncitizen. Indigent households with noncitizen adults are not denied or terminated if the sponsor does not provide income verification if the noncitizen otherwise verifies receipt of the income (e.g., self-declaration).
• For a 12-month period beginning on the date a noncitizen is determined to be indigent, the sponsor deeming rules are suspended, and only the actual amount provided to the noncitizen by the sponsor shall be treated as income to the noncitizen.
• Income-in-kind is used to determine the indigent but is NOT used to determine eligibility or benefit level. If the sponsored noncitizen cannot obtain verification from the sponsor, the county must accept a written statement from the sponsored noncitizen. Indigent households with noncitizen adults are not denied or terminated if the sponsor does not provide income verification.
• Once a determination of indigence has been made, the noncitizen must be considered indigent for 12 months from the date of eligibility, regardless of any secondary information that may be obtained from the Systematic Alien Verification for Entitlements (SAVE) system on the sponsor during this time. 
• This provision begins from the date a sponsored noncitizen is determined to be indigent and ends the last day of the twelfth month after that date.
• The 12-month period can be renewed yearly.
  
   The 12-month reevaluation is not required for households certified for 24 months and ESAP households unless the county has received new information.

ExampleExample

Valuation of In-Kind Assistance to Determine Indigence

A value for in-kind assistance should be used solely to make the indigent determination. Income-in-kind is used to determine indigent eligibility but is NOT used to determine eligibility or benefit level.
Regular and continual purchases completed for an individual or household are considered in-kind assistance.

ExampleExample

Temporary assistance, such as clothing, food, housing, money, or utilities, is not counted as in-kind assistance for determining indigence.

ExampleExample

When the individual declares in-kind assistance, and the value must be considered in determining indigence, the following applies:

• If the individual does not know the actual amount, the CalWORKs Income In Kind Chart in the Chart Book is used.
• If the individual provides an actual in-kind amount more than the chart, the actual value can be used to determine indigence, and no verification is needed other than a declaration that the in-kind assistance exists.
• If the individual chooses to provide a value lower than the chart, a ten-day notice must be sent to give the household time to provide the actual amount.

  • Note: If the verification is not received within ten days and the individual has not requested help in getting it, the county is not to deny the application but to use the value from the CalWORKs Income In Kind Chart for the items considered in-kind assistance.

The valuation of in-kind assistance when determining indigence should NOT be used in the following situations:

• When determining eligibility or benefit levels for the noncitizen household or
• Quid pro quo, an item or service traded in return for something of value, or,
• When the individual declares that no in-kind assistance is provided.

Referral to United States Immigration Services (USCIS) - Indigent Noncitizen

Each indigent determination must be reported to USCIS by providing the sponsor's name and the sponsored noncitizen.

If the sponsored noncitizen is applying for assistance rather than opting out and is determined to meet the indigence exemption from sponsor deeming, the EW must send a complete SCD 2343  to ProgramBureau@ssa.sccgov.org  providing the following information:

• Sponsor’s name,
• Sponsored noncitizen’s name,
• Case name,
• Case number, and
• Date of indigence determination.

Program will submit the required information to USCIS.

United States Citizenship and Immigration Services
Office of Policy and Strategy
5900 Capital Gateway Drive
Camp Springs, MD 20746

Trafficking Victim

Victims of severe forms of trafficking who have been certified by the Federal ORR are CalFresh eligible to the same extent as refugees. Certain family members of trafficking victims are also eligible for benefits and services to the same extent as refugees.

Severe forms of trafficking are defined as:

• Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not reached 18 years of age; or
• The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Verification

The ORR will make certification determinations and issue letters of certification for victims of severe forms of trafficking.

EWs will not determine whether someone is a victim of a severe form of trafficking, nor should they contact the USCIS.

EWs must use the ORR certification date on the certification letter as the date of entry and the first date of eligibility. ORR recertification letters do not grant an additional period of eligibility. Recertification letters are simply re-issuance of the original letter with an expiration date.

“T” VISA

The Trafficking Victims Protection Act of 2000 created a new non-immigrant visa, the “T VISA,” for victims of a severe form of trafficking in persons to allow these individuals to remain in the United States.

Trafficking victims apply for the “T” visa by submitting an “Application for T Non-immigrant Status” (form I-914). Law enforcement requests continued presence in the United States on behalf of the victim to assist with an investigation and/or prosecution. When granted, continued presence confers temporary status that delays/prevents deportation.

Note: Children under 18 years of age and who have been subjected to a severe form of trafficking are eligible for benefits but do NOT need a certification letter. However, a child will have a letter from the ORR verifying their status as a victim of trafficking.

Prior to ORR Certification

CFAP eligibility may be granted to Trafficking Victims prior to federal ORR certification while they await or prepare to request approval for federally funded benefits.

Once it has been determined that the applicant meets the definition of a trafficking victim, the Eligibility Worker must determine if the client:

• Has applied for a “T” VISA with USCIS,
• Is preparing to file an application for a “T” VISA, or
• Is otherwise taking steps to meet the eligibility conditions for federal benefits.

Verification

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

A confirmation receipt or letter from USCIS verifying an application for a “T” VISA has been filed,

• A copy of the I-194,
• Statements from persons in an official capacity (e.g., law enforcement officials or victims advocates) who have assisted or are assisting the victim with the “T” VISA application or
• If no documentation is available, the applicant’s statement that she or he has filed or intends to apply for a “T” VISA or is taking steps to become federally eligible.

Note: Victims of human trafficking who are eligible for CFAP benefits do not have to provide or apply for an SSN.

Termination of Eligibility

Eligibility for the state-funded (CFAP eligible) services will be terminated if:

• The recipient’s application for a visa has been finally administratively denied or
• The recipient has not applied for a “T” VISA within one year of applying for state benefits or
• A request by law enforcement officers on behalf of the recipient for federal continued presence status has not been made within one year or
• The recipient is certified by ORR, resulting in federal eligibility.

For more detailed information regarding Trafficking Victims, please [Refer to “Trafficking Victims,” pages 10-52]] in the Common Place handbook.

Documentation

Information regarding verifications provided, dates of services, etc., must be documented in the Maintain Case Comments window in CalSAWS.

Victims of Serious Crimes

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

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

• Rape
• Being Held
• Blackmail
• Torture
• Peonage
• Extortion
• Trafficking
• Slave Trade
• Manslaughter
• Incest
• Involuntary
• Murder
• Domestic
• False
• Witness
• Sexual Assault
• Kidnapping
• Obstruction of
• Prostitution
• Abduction
• Perjury to
• Sexual
• Felonious
• Unlawful Criminal restraint
• Abusive Sexual
• Female Genital Mutilation
• Possess information concerning criminal activity (or, in the case of a non-citizen child under the age of 16, the parent, guardian, or adult representing the child) and
• Have been helpful, are being helpful, or are likely to be helpful to a federal, state, or local law enforcement official, prosecutor, or judge or to other federal, state, or local authorities investigating or prosecuting criminal activities described above.

“U” VISA

The Trafficking Victims Protection Act of 2000 created a new non-immigrant visa, the “U Visa,” for victims of criminal activity as defined by federal statute to allow these individuals to remain in the United States. The “U” non-immigrant status provides a stay of deportation and the ability to apply for work authorization.

Effective 10/17/07, the Final Rule regarding the “U Visa” was issued by the federal government. To be eligible for CFAP benefits, applicants must present evidence that they have filed for a “U Visa” (or have obtained one) if they do not have verification of filing for a “U Visa Interim Relief” prior to 10/17/07. [Refer to “Verification for U Visa Interim Relief,” page 14-38].]

Verification of U Visa

The following documentation can be used in determining whether an applicant has filed a request for or has been granted a “U Visa:”

• A Form I-797 approving a “U Visa” or
• A Form I-797, which serves as a fee receipt for an employment authorization request based on a “U Visa” application or
• A completed copy of Form I-918, or
• An EAD issued under Category “A19” or A20” for an approved “U Visa” petitioner.

“U Visa Interim Relief”

Prior to 10/17/07, USCIS granted temporary legal status, called “U Visa Interim Relief,” and work authorization to eligible individuals. While there was no official application form for requesting “U Visa Interim Relief,” each request contained certain documentation.

Non-citizens allowed to remain in the United States under “U Visa Interim Relief” are not eligible for most federal benefits and services. Senate Bill 1569 was enacted to assist applicants willing to cooperate with law enforcement officials. Individuals who filed a request for a U Visa Interim Relief prior to 10/17/07 are eligible for California Food Assistance.

Conspiracy or solicitation to commit any of the Programs mentioned above (CFAP) CalFresh benefits if a visa application has been filed (or a “U Visa” has been issued) or until a denial of interim has been issued.

Note: After 10/17/07, USCIS will not consider initial requests for “U Visa Interim Relief.”

Verification for U Visa Interim Relief

The following documentation can be used in determining whether an applicant has filed a request with USCIS for “U Visa Interim Relief” or if “U Visa Interim Relief” or a “U Visa” has been granted:

• Statements from persons in an official capacity (e.g., law enforcement officials or victims advocates) who have assisted or are assisting the victim with the application of “U Visa Interim Relief” or
• A copy of the request for a “U Visa Interim Relief” application or
• A Notice of Action approving “U Visa Interim Relief” or
• A confirmation receipt or letter from USCIS verifying that a request for “U Visa Interim Relief” (or a “U Visa”) has been filed. A Notice of Action (Form I-797) approving U visa Interim Relief based on a request prior to 10/17/07 or
• A confirmation receipt or letter from USCIS verifying that a request for U Visa Interim Relief was filed prior to 10/17/07, or
• A Form I-797, which serves as a fee receipt for an employment authorization request based on a request for “U Visa Interim Relief” filed prior to 10/17/07 or
• A confirmation receipt or letter from USCIS verifying that a Petition for U Non-immigrant Status (Form I-918) has been filed.

Note: Victims of other serious crimes eligible for CFAP benefits do not have to provide or apply for an SSN.

Termination of Eligibility

Eligibility for CFAP CalFresh benefits continues until and unless the recipient’s request for “U Visa Interim Relief” or application for a “U Visa” has been finally administratively denied.

Documentation

Information regarding verifications provided, dates of services, etc., must be documented in the Maintain Case Comments window in CalSAWS.

Related Topics

Eligible Non-citizens