Immigration Overview

Definitions

Click on a term below to see the definition.

Affidavit of Support

Nearly all family-based and some employment-based immigrant visa applicants have to submit an affidavit of support form.

The I-134 Affidavit of Support form was used prior to 12/19/97 and is non-enforceable.
The I-864 Affidavit of Support is used effective 12/19/97. This affidavit is now legally enforceable.

Alien (Noncitizens)

Refer to Noncitizen.

Amnesty (IRCA)

IRCA included:

Pre-1982 Amnesty Aliens — INA Section 245A (general amnesty)
SAW — INA Section 210 (farm workers)
RAWs — INA Section 210A
Cuban-Haitian Entrants — INA Section 212
Registry Aliens Pre-1972 Amnesty — INA Section 249

Authorization to Work

Visitors are barred from working in the U.S. Working without authorization is a violation of the noncitizen’s immigration status and is a ground for deportation/exclusion.

California Food Assistance Program

Current CalFresh regulations will apply to CFAP participants. CFAP eligibility is generally for adults who have not yet met the federal five-year residency requirement.

In the case of an adopted child, that child is under the age of 16 and has resided in the legal and physical custody of the citizen parent(s) for at least two (2) years (sibling children adopted by the same parent(s) have until the age of 18).

This legislation represents a significant and important change in the nationality laws of the U.S. The changes made by the CCA authorize the automatic acquisition of citizenship and permanently protect the adopted children of U.S. citizens from deportation.

Under the CCA, qualifying children who immigrate to the U.S. with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.

Individuals who are 18 years of age or older on February 27, 2001 do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.

Conditional Entrant

The provision of Public Law 89-236 for “Conditional Entrant” was the primary method of entry for refugees when enacted in 1965 under Section 203(a)(7). This provision was abolished by the Refugee Act of 1980; however, there may be individuals with this documentation. These individuals are considered qualified noncitizens. Refer to the section on Qualified Noncitizen for more detailed information.

Conditional Permanent Resident

Unlike other permanent residents whose eligibility may continue if their I-551 cards expire, eligibility discontinues for conditional permanent residents whose I-551s have expired.

Children of a U.S. citizen, national, or LPR may also have this status. The conditional status expires after two years. It is the responsibility of the conditional permanent resident to obtain a new immigration status from USCIS.

Noncitizens with conditional permanent resident status are lawful permanent residents and are eligible for public benefits. If the marriage is dissolved within two years, a noncitizen admitted as a result of that marriage could lose their LPR status and if this occurs, would no longer be eligible for benefits, unless the individual meets another status, such as VAWA.

Deeming

Unless meeting the indigence exception, the “deemed” or countable portion of the sponsor’s income and resources are included as a part of the sponsored noncitizen’s income and resources when determining whether the noncitizen is eligible for benefits. Not all noncitizens are sponsored; not all sponsored noncitizens are subject to deeming.

Deeming of the sponsor’s income and resources to the sponsored noncitizen continues until:

The sponsored noncitizen becomes a naturalized citizen;
The sponsored noncitizen can be credited with 40 qualifying quarters of work;
The sponsored noncitizen is no longer an LPR and leaves the U.S.;
The sponsored noncitizen meets one of the exceptions*; or
The sponsor or the sponsored noncitizen dies.

Note: Eligible noncitizen children under age 18 are exempt from sponsor deeming. Refer to MPP Section 63-503.492 for additional deeming exceptions. Sponsored noncitizens who meet the indigence exception also are not subject to deeming—only the amount of actually provided income is counted to determine whether the indigence exception is met.

Derivative Citizenship

Diversity Visa Program

Documented Noncitizen

Refer to Immigration Documents Overview.

Exception Criteria

The following are “Qualified noncitizens” who meet the “Exception Criteria.” Click a noncitizen status to view the definition:

Refer to 40 Quarters.

Federal Means-Tested Public Benefit Programs

Note: Foster Care and Adoption Assistance are not considered federal means-tested public benefits.

Five Year Bar (Period of Ineligibility)

Haitian Orphans

Immigrant

Immigration and Naturalization Service

Indigent Sponsored Noncitizen

To determine if a sponsored noncitizen is indigent, the county must first determine if the noncitizen “is unable to obtain food and shelter.” The term “is unable to obtain food and shelter” is used to mean the sum of the eligible sponsored noncitizen household’s own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide does not exceed 130% of the FPL for the household size.

After the indigence determination is made, the normal budgeting process can begin where counties must verify and count actual income received by the sponsored noncitizen. Sponsor deeming is not required due to the finding of indigence; therefore, verification of the sponsor’s income and resources is also not required. However, if the sponsored noncitizen receives a cash contribution from the sponsor, the amount given must be verified.

Indigent Referrals

Lawful Permanent Resident

Match Grant

There is no law that bars the Match Grant refugee from receiving public assistance. If the Match Grant refugee applies for assistance and is otherwise eligible, benefits must be established. However, if Match Grant applicants receive assistance from the county; they will lose their eligibility to all “Match Grant” services. These services include: clothing, specialized employment help, furniture,TVs, and computers. It is to the individual’s advantage to stay on Match Grant. The EW must tell the individual they may lose those services by accepting public assistance.

National

Refer to Birth in U.S. Territories.

Naturalization

Refer to Naturalization.

Noncitizen

Nonimmigrant

Personal Responsibility and Work Opportunity Reconciliation Act

Prima Facie

Public Charge

Knowledge about “Public Charge” will help noncitizens and their families make informed choices about whether to apply for certain benefits. This information is offered as a guideline only. USCIS has sole discretionary authority over the public charge issue.

There has been concern in the past about public charge being applied to our clients, when they re-enter the country. This was evidenced by the USCIS border crossing projects called “Port of Entry Detection Program” and California Airport Residency Review Program”. These programs ended April 1, 1999.

When is Public Charge Applied?

USCIS and the DOS make public charge determinations for immigrants who want to:

Become a LPR, and
Apply for a Visa for temporary admission to the U.S.

A public charge determination is not applied when an LPR wants to become a citizen.

Public Charge Test

How Public Charge Test is Applied

USCIS will evaluate all the evidence regarding an immigrant’s past receipt of public benefits when determining whether or not the immigrant meets the definition of public charge and is therefore barred from admission to the U.S.

The U.S. government must deny the application for admission to the U.S. for anyone who is “likely to become a public charge”. Only benefits that provide cash assistance or LTC are considered receipt of public benefits under public charge. However, past receipt of cash benefits or LTC does not automatically make an immigrant inadmissible. The circumstances will be reviewed to decide whether the immigrant is likely to become a public charge in the future.

If an immigrant received benefits in the past during a period of unemployment, but now has a job and is self-supporting, it is most likely that the individual will not be found inadmissible as a public charge. The length of time the immigrant received benefits and the amount of benefits received would be reviewed. The more time that has elapsed since receipt of benefits the less importance it would be given.

Note: The government can deny the readmission to the U.S. (on public charge grounds) of a permanent resident who has left the country for six (6) months or more. USCIS looks at the future, giving consideration to the immigrant’s age, health, income, family size, education, skills, and the immigrant’s sponsorship under an affidavit of support. It is generally safe for LPRs to travel outside of the U.S. for under six months without fear of public charge consequences.

Persons Affected

The public charge test (determination) affects immigrants receiving cash assistance benefits that are the immigrant’s primary support (primarily dependent on the government for subsistence). The public charge test also affects immigrants who receive Medi-Cal LTC. Short term institutionalization for rehabilitation is not considered for public charge.

Receipt of cash benefits or LTC does not automatically make the immigrant inadmissible, ineligible to adjust status to LPR or deportable on public charge grounds. The law requires that USCIS and the DOS consider all issues on a case-by-case basis.

Persons Not Affected

There is no public charge test for any of the following:

Citizens or persons applying for citizenship
Persons granted asylum in the U.S.
Refugees
Persons applying for an adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998
Cubans or Nicaraguans applying for adjustment of status under the NACARA
Cubans applying for adjustment of status under the Cuban Adjustment Act who were paroled as refugees prior to 4/1/80
Amerasian immigrants when they are first admitted to the U.S.
“Lautenberg” parolees (certain Soviet and Indo-Chinese parolees applying for adjustment)
Registry applicants (persons in U.S. since before 1/1/72)
Special immigrant juveniles.

Parents do not have to worry that USCIS will consider them to be a public charge if their children are enrolled in programs they are eligible to receive, unless these are cash programs which provide the sole support for the family. This is true whether or not the children are citizens.

Benefits Subject to Public Charge Consideration

Issuance of benefits from the following programs will be looked at as public charge benefits.

Benefits NOT Subject to Public Charge Consideration

Noncash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence; therefore, past, current or future receipt of these benefits do not impact a public charge determination. Noncash or special purpose cash benefits that are not considered for public charge purposes include:

Other health care programs such as Medi-Cal, Healthy Families, and county health care initiatives
CalFresh
Special Supplemental Nutrition Program for WIC, school lunch, food pantries, and other supplementary and emergency food assistance programs
Emergency shelter, public housing, energy assistance
Emergency disaster relief
Job training
- Noncash benefits under TANF, such as subsidized child care or transportation allowance
FC and adoption assistance
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits
Unemployment compensation

1450 Coleman Ave

Santa Clara, CA 95050

Los Angeles County

300 North Los Angeles St., Room 1001

Los Angeles, CA 90012

San Francisco County

444 Washington St.

San Francisco, CA 94111

Orange County

34 Civic Center Plaza

Santa Ana, CA 92701

Sacramento County

650 Capitol Mall

Sacramento, CA 95814

San Diego County

880 Front St., Suite B268

San Diego, CA 92101

Fresno County

1177 Fulton Mall

Fresno, CA 93721-1913

San Bernardino County

655 West Rialto Ave

San Bernardino, CA 92410-3327