Non-Citizens

[EAS 42-430-42-433]

Non-citizens are any persons who are not U.S. citizens. This includes the following persons:

  • Persons who have immigrated to the U.S. with USCIS documentation,
  • Tourists,
  • Students,
  • Foreign government officials,
  • Persons here on business, and
  • Undocumented persons.

Ineligible Non-Citizens

The following persons are NOT eligible for the CalWORKs program:

  • Visitors,
  • Persons in the U.S. on business or for religious purposes,
  • Tourists,
  • Students, and
  • Undocumented persons.

Note: Non-citizens who have applied for political asylum are not eligible until political asylum has been granted by the State Department.

Qualified Non-Citizens

Only certain categories of non-citizens are eligible for CalWORKs. For the purposes of the CalWORKs program, “qualified non-citizens” are one of the following:

Non-Citizen Status

Definition

Lawfully Admitted for Permanent Residence (LPR)

A non-citizen who is lawfully admitted for permanent residence under the INA, known as the “Act.”

Asylee

Asylum has been granted under Section 208 of the INA.

Refer to Asylee for additional information.

Refugee

Admitted as a refugee under Section 207 of the Act.

Parolee

Individuals who are paroled as refugees under Section 212(d)(5) of the INA.
Cuban, Haitian, Nicaraguan or Venezuelan Humanitarian Parolee with I-94 annotated with:  CHP, HHP, NHP or VHP

Deportee

Deportation is being withheld under Section:

  • 243(h) of the Act (as in effect immediately before the effective date of Section 307 of Division C of P.L. 104-208), or
  • 241(b)(3) of the Act (as amended by Section 305(a) of Division C of P.L. 104-208).

Conditional Entrant

Granted conditional entry pursuant to Section 203(a)(7) of the Act as in effect prior to April 1, 1980.

Cuban-Haitian Entrant

A non-citizen who is a Cuban/Haitian entrant as defined in Section 501(e) of the Refugee Education Assistance Act of 1980.

Battered Non-Citizen

Certain battered non-citizens as defined in PRWORA, Title IV, Section 431.

Victims of Trafficking, Domestic Violence, and other Serious Crimes

Non-citizens who meet the criteria in U.S. Code Title 22 and Title 8.
Compacts of Free Association (COFA) Citizens Citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau who lawfully reside in the United States. Effective March 9, 2024, with the Consolidated Appropriations Act (CAA) of 2024.

Related Topics

Eligibility Requirements

Federally Funded

State-Only CalWORKs Program

Verification

40 Qualifying Quarters

Non-Citizen Categories

Sponsored Non-Citizen Definition