Immigration Status

AB 2779 (Chapter 329, Statutes of 1998), requires the establishment of a program that will provide cash assistance to aged, blind, and disabled legal noncitizens who meet the immigration status requirements of SSI/SSP in effect on August 21, 1996, but are ineligible for that program solely due to their immigration status. Welfare and Institutions Code Section 18940 requires that federal and state laws governing the SSI/SSP program must also govern the CAPI.

 

To be eligible for CAPI a non-citizen must be a "Qualified Alien", or Permanently Residing Under the Color of Law (PRUCOL), or a victim of trafficking, domestic violence or other serious crimes.

Important: Only noncitizens who fall under the qualified alien category are to be referred to Social Security to apply for SSI/SSP. [Refer to Ineligibility for SSI/SSP for more information on the requirements].

Note: SB 84, W&IC section 18939.5 provides Conditional CAPI benefits for individuals who become a naturalized U.S. citizen while receiving CAPI benefits, and have a pending SSI/SSP application. [Refer to Conditional CAPI for Naturalized U.S. Citizens].

Qualified Alien

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was enacted on August 22, 1996. This eliminated SSI eligibility for most non-citizens and established the definition for the new federal term of “qualified alien”. The definition lists the immigrant status requirements that every non-citizen must meet in order to be potentially eligible for most federal public benefits, including SSI.

A “Qualified Alien” is a specific term defined as an immigrant who meets the requirements as described in Section 431 of Public Law 104-193, as amended.

A noncitizen who falls into that category is considered a “Qualified Alien” if he/she is:

  • LAPR.
  • Granted Cuban/Haitian entrant status. (Section 501(e) of the Refugee Education Assistance Act of 1980).
  • A refugee who entered the United States under Section 207 of the INA.
  • An alien who is granted asylum under Section 208 of the INA.
  • A alien whose deportation is being withheld under Section 243(h) of the INA (under previous law), or Section 241(b)(3) of the INA as amended by P.L. 104-208.
  • An alien who is paroled into the United States under section 212(d)(5) for a period of at least 1 year.
  • An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980.
  • A battered spouse, battered child, or parent or child of a battered person with a petition pending under sections 204(a)(1)(A) or (B) or 244(a)(3) of the INA (as defined in MPP Section 49-005(b)(1).
  • Compact of Free Association (COFA) 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.

Reminder: Most noncitizens in the qualified alien categories have a five-year waiting period before being potentially eligible for SSI/SSP and some categories only allow the noncitizen to receive SSI/SSP for 7 years. Therefore, it is important to refer all clients in the qualified alien category to apply for SSI/SSP annually. [Refer to Ineligibility for SSI/SSP for more information on the requirements].

 

PRUCOL

“PRUCOL” is defined as persons who are Permanently Residing Under the Color of the Law and refers to non-citizens residing in the United States with the knowledge and permission of the USCIS, and the USCIS does not contemplate enforcing their departure. For CAPI purposes, PRUCOL refers to the specific non-citizen categories listed in 20 CFR 416.1618 unless the category is also listed in the definition of Qualified Non-citizen.

PRUCOL categories for CAPI purposes apply to non-citizens:

  • Subject to Order of Supervision.
  • On whose behalf an immediate relative petition (USCIS Form I-130) has been approved and who is entitled to voluntary departure and whose departure the USCIS does not contemplate enforcing.
  • Who have properly filed an application for an adjustment to lawful permanent resident status under Section 245 of the INA that USCIS has accepted as “properly filed” and whose departure USCIS does not contemplate enforcing.
  • Granted a stay of deportation by a court order, statute, or regulation or by individual determination by USCIS under Section 106 of the INA and whose departure USCIS does not contemplate enforcing.A non-citizen residing in the United States under an indefinite voluntary departure.
  • Residing in the United States under an indefinite voluntary departure.
  • Granted voluntary departure under Section 242(b) of the INA or 8 CFR 242.5 whose departure USCIS does not contemplate enforcing.
  • In deferred action status.
  • Who entered and have continuously resided in the United States prior to January 1,1972 or any date established by Section 249 of the INA.
  • Granted a suspension of deportation pursuant to Section 244 of the INA whose departure USCIS does not contemplate enforcing.
  • Granted an indefinite stay of deportation.
  • Granted lawful temporary resident status under Section 245A of the INA (Immigration Reform and Control Act of 1986).
  • Not in one of the above categories, who can show that:
    • USCIS knows they are in the United States, and
    • USCIS does not intend to deport them, either because of the person’s status category or individual circumstances.

Reminder: A client must submit valid and current documents verifying his or her PRUCOL status prior to approval of CAPI benefits. USCIS no longer responds to requests to verify whether a non-citizen falls under the PRUCOL category. As a result, submitting a secondary SAVE will not verify a client’s PRUCOL status.

Last PRUCOL Category (I)

For CAPI purposes, there are 12 PRUCOL categories as described above. Non-citizens who do not meet the requirements of any of the first 11 categories, may attempt to qualify under the twelfth category (l):

“An individual - Not in one of the above categories, who can show that”:

  • USCIS knows they are in the United States, and
  • USCIS does not intend to deport them, either because of the person’s status category or individual circumstances.

The conditions in this category must be carefully explored:

USCIS Knows that the non-citizen is in the U.S.

  • It is the individual’s responsibility to show that USCIS is aware of his or her presence in the U.S.

    • Note: An individual who is subject to an order of removal is assumed to have complied with that order by leaving the country and therefore does not satisfy this requirement.

  • There is a general presumption that an individual who is granted time-limited admission to the U.S. (e.g., a holder of a non-immigrant visa such as a visitor, student or business visa) will leave the country prior to the expiration date of that admission. When an individual overstays his or her visa, it cannot be assumed, without proof, that USCIS remains aware of the individual’s presence in the U.S. Therefore, such individuals have the burden of proving that USCIS is aware that they remain present in the United States.
  • A non-citizen may demonstrate that USCIS is aware of his/her presence in the U.S. by providing proof that some type of correspondence (e.g., immigration forms, inquiries, letters) was filed with USCIS after the date of the visa’s expiration. The non-citizen must provide proof that correspondence with USCIS has actually been filed (e.g., U.S. Post Office proof of mailing or a notice of action or receipt from USCIS).
  • Mere intent to file documentation with USCIS does not satisfy the requirement of USCIS’s knowledge of the individual’s continued presence.

USCIS does not intend to deport him/her, either because of the person’s status category or individual circumstances.

  • USCIS does not contemplate enforcing an individual’s departure if it is the policy or practice of that agency not to enforce departures of aliens in the same category. 20 CFR §416.1618(a). As USCIS does not have a practice of deporting the aged, blind or disabled, most CAPI applicants can successfully claim that USCIS does not intend to deport them.
  • Please note that if an applicant is subject to an order of deportation/removal, he or she will not meet the requirement listed above and will not qualify as PRUCOL. Some immigrants may not be aware that they are subject to old orders of deportation that remain active.

Victims of Trafficking, Domestic Violence, or Other Serious Crimes

Victims of human trafficking, domestic violence, or other serious crimes as defined in Welfare and Institutions Code Section 18945 are eligible for benefits and services to the same extent as refugees and may qualify for CAPI if they are aged, blind, or disabled and meet all other eligibility requirements. Individuals in this category must also meet the same eligibility criteria used for the Trafficking and Crime Victims Assistance Program (TCVAP). 

Important: Refer to the TCVAP topic of the CalWORKs handbook to determine if an individual qualifies under this category.

Temporary Protected Status (TPS)

TPS is a temporary immigration status granted to eligible individuals of a certain country designated by the Department of Homeland Security because serious temporary conditions in that country.

Noncitizens granted TPS are authorized to work and stay in the U.S for a specified time. TPS is not considered a PRUCOL status. Noncitizens granted TPS are NOT eligible for CAPI.