Noncitizen Status

[Refer to "NonCitizenship Categories" in the Common Place HB].

Amnesty Noncitizens

Under IRCA, unauthorized or illegal noncitizens were given the opportunity to legalize their immigration status. They were granted TRS and were allowed to apply for PRS if they could otherwise qualify as legal residents under USCIS guidelines.

The IRCA Amnesty program is now expired. However, there still might be IRCA individuals whose immigration status has not been resolved.

Amnesty noncitizens who were granted temporary resident status were issued a “Temporary Resident Card” (I-688). The expiration date is printed on the card.

Applicants or recipients with an I-688 are potentially eligible for GA, provided that the expiration date has not passed. If the expiration date has passed, and there is no new USCIS documentation, the noncitizen is considered undocumented, and is therefore ineligible for GA.

Asylees

An asylee is an individual who was admitted to the United States and granted asylum under Section 208 or 208(a) of the INA. This information is noted on the I-94.

An “applicant” for asylum is NOT eligible for GA. Persons who have been “GRANTED” asylum are eligible. The applicant MUST have a written decision from USCIS or a letter from an immigration judge stating “Asylum has been Granted.”

Reminder: Asylees are not sponsored Noncitizens.

The following documents are acceptable verification of asylee status:

An I-94 stating asylum granted per Section 208 or 208(a) or,
An I-94 with VISA 93 (or V-93) or,
An I-94 with AS-1, AS-2, or AS-3 or,
An 1-551 indicating USCIS codes AS6, AS7, or AS8, or
An I-688B with the "Provision of Law" citation: 274a. 12(a)(5) or 274a.12(c)(8); and a letter from the U.S. Department of Justice, Immigration and Naturalization Services, or the USCIS district director granting asylum.

Battered Noncitizens

The VAWA allows battered immigrants to petition for legal status in the United States without relying on abusive U.S. Citizen or legal permanent resident spouses, parents or children to sponsor their Adjustment of Status (Form I-485) applications. Battered noncitizens are noncitizens who have been abused/battered or subjected to extreme cruelty within the U.S. by their spouse, parent, or member of the family residing in the same household. The noncitizen has an approval or pending petition for Amerasian, Widow(er) or Special Immigrant or for a non-citizen Relative from USCIS. Most will posses a Social Security card indicating “Valid for Work Only With USCIS Authorization.”

Individuals applying as a battered noncitizen will posses a USCIS “Notice of Action” (I-797 or I-797C) stating:

Petition for Form I-360 that was submitted has been received.
The petition has been reviewed and found to establish a prima facie (apparent) case. There is a note on the I-797 Notice of Action indicating that establishing a prima facie case does not necessarily mean an approval and an extension must be filed prior to the expiration date on the notice.
The Receipt Notice. The receipt shows the client paid for case type I-360 Petition for Amerasian, Widow(er), or Special Immigrant or the I-360 Petition for a non-citizen Relative.
Approval Notice. The “approval” may indicate a notice of deferred action.
Denial Notice.

To qualify for General Assistance, a battered noncitizen must have a petition from USCIS or EOIR indicating:

Approval, or
Pending status which sets forth a prima facie case.

The client can call the National Domestic Violence Hot Line at 1-800-799-7233 for more information.

Important: All Social Services Agency employees are mandated by law to report instances of physical abuse of dependent and elder adults.

If...	Then...
Applying on the basis of an abusive sponsor and/or sponsor’s spouse,	A referral to APS at (408) 975-4900 or 1-800-414-2002 or submit the “Report of Suspected Dependent Adult/Elder Abuse” (SOC 341)
There is child involved,	A referral to CPS is also MANDATORY.

Eligible Cuban-Haitians

Cuban/Haitian Entrants admitted to the U.S. prior to January 1, 1982, as immigrants or asylees, and persons who received a Cuban-Haitian designation before November 6, 1986, under the INA.

Cuban/Haitian Entrants are noncitizens from Cuba or Haiti and they are potentially eligible to receive GA if they meet the following criteria:

Have never been granted parole status as a Cuban/Haitian Entrant (Status Pending) or
Have never been granted any other special status subsequently established under the immigration laws for nationals, or
Are nationals of Cuba or Haiti AND:
- Were paroled into the U.S. and have not acquired any other status under the (INA), or
- Are the subject of removal proceedings under the (INA), or have an application for asylum pending
- Have an application for asylum pending, and
For whom no final order of removal has been entered by USCIS.

Prior to August 13, 1982, form I-94 was issued stating Cuban/ Haitian Entrant (Status Pending).” Even though the “reviewable” date has expired, these I-94's are valid until further notice.

Effective August 13, 1982, the form I-94S has been issued to Haitians paroled into the United States under the terms of court order Louis v. Nelson et al. The expiration date is invalid as they have Indefinite Parole Status until further notice from USCIS.

Ineligible Cuban-Haitians

Cuban/Haitians are eligible to receive General Assistance under the Director’s Exception if the following information is recorded on their USCIS Form I-94 or I-94S:

Indicates that the person is a citizen of Cuba and/or Haiti and contains the initials “DDE” or “EWI”
Contains the words “Outstanding Order of Exclusion”
Indicates an asylum applicant designation without the Cuban/Haitian Entrant (Status Pending) stamped notation and a parole date or a valid I-94S
Indicates an individual who has never been processed through USCIS.

Eligible Noncitizens

The following noncitizens are potentially eligible for GA:

Lawfully admitted, permanent resident noncitizens
Noncitizens entitled to remain indefinitely in the United States
Noncitizens residing in the United States under the provisions of the Immigration Reform and Control Act of 1986 (IRCA).

Prior to issuance of aid, all noncitizens MUST present documentation of noncitizen status.

Employable Noncitizens

In order to be eligible for GA as an employable person, the applicant/recipient MUST BE AUTHORIZED FOR EMPLOYMENT. This can be demonstrated in the following ways:

“Employment Authorized” is stamped on the USCIS document, or
The applicant/recipient has an “Employment Authorization Identification Card” (I-688A).

If an employable applicant/recipient does not have verification that employment has been authorized, GA MUST BE DENIED.

Parolees

Individuals admitted to the United States as parolees are eligible for GA, provided that the USCIS documentation indicates that the noncitizen:

Has been “paroled pursuant to Section 212(d)(5) of the INA," AND
Has been paroled for an indefinite period of time.

Note: Parolees admitted to the United States for a specific period of time are NOT eligible for GA. The date will be stamped/typed on the USCIS document.

Humanitarian/Public Interest Parolees

Some noncitizens entering the United States are given the status of “Humanitarian Parolee” (HP) or “Public Interest Parolee” (PIP). Public Interest Parolees who are authorized for employment may enter the U.S. under Section 274a.12 (C) 11 of the INA. These noncitizens are potentially eligible for GA.

A Public Interest Parolee’s (PIP) documentation may expire while they are waiting to receive lawful permanent resident (LPR) status. USCIS will not issue new current documentation while they are pending LPR status, i.e., no extension stickers. When the client verifies pending LPR status with expired PIP documentation, they remain eligible for benefits as PRUCOL, if they remain eligible for GA under the Director’s Exception.

[Refer to Director’s Exception chapter

Refugees

Individuals admitted to the United States as refugees are admitted under Section 207 of the INA. The USCIS document for a refugee will be
stamped “Admitted as a Refugee pursuant to Section 207 of the INA. If you depart the U.S., you will need prior permission from USCIS to return. Employment authorized.”

Refugees are eligible for RCA for the first twelve months (12) that they are in the United States. If a refugee applies for GA during the first twelve months (12), GA MUST BE DENIED. Individuals who are applying for GA due to discontinuance of RCA are to have eligibility determined in the same manner as any other GA applicant. Refugee information MUST be entered in CalSAWS for each individual who entered the U.S. as a refugee.

Note: If a non-citizen has already been issued an “Alien Registration Receipt Card “(I-551), the 'class code' can be used to determine if the noncitizen was admitted as a refugee.

Republic of the Marshall Islands (RMI), Federated States of Micronesia (FSM), and Republic of Palau

The RMI, FSM and the Republic of Palau, collectively known as the FAS were formerly parts of the Trust Territory of the Pacific Islands established by the United Nations following World War II. The RMI and FSM became independent in 1986, and the Republic of Palau in 1994.

The United States signed Compacts of Free Association with all three island nations under which their citizens are permitted to permanently reside and work in the U.S. without visas (Palauans do not even require a passport). However, the compact did not make these individuals United Stated citizens.

Citizens of FAS are allowed to enter the U.S. to live, work or study and are considered indefinite legal residents. They are given an I-94 notated “CFA/MIS” or “CFA/FSM” which will also be stamped “employment authorized”. Citizens of FAS are eligible for GA if they have the required documentation.

Ineligible Noncitizens

The following noncitizens are not eligible for GA:

Those who refuse to cooperate with the Social Services Agency.
Those who are in the U.S. illegally, (undocumented noncitizens).

Exception: Undocumented noncitizens may be eligible for GA under certain situations, i.e., Director’s Exception. Refer to Director’s Exceptions.

Those who were admitted for temporary residence only.
Those who have remained illegally beyond their departure date.
Those who have entered the United States on a work permit.
Those who have entered the United States on a non-immigrant visa. This includes, but is not limited to, visitor and student visas. (The visa may be a separate form or may be a stamp in the noncitizen’s foreign passport).

Exception: Noncitizens covered by IRCA are potentially eligible for GA.

Trafficking Victims

Human trafficking is a form of modern-day slavery. Victims of human trafficking are subjected to force, fraud, or coercion, for the purpose of exploitation in commercial sex or forced labor. Victims include young children, teenagers, men and women. TVPA defines “Severe Forms of Trafficking in Persons” as:

Sex Trafficking: The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, in which a commercial sex act is induced by force, fraud, or coercion, or in which the person forced to perform such an act is under the age of 18 years; or
Labor Trafficking: 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.

Federal Funded Benefits (RCA)

The Federal Trafficking Victims Protection Act of 2000, established human trafficking as a federal crime and created two nonimmigrant visas:

T Visa for victims of human trafficking; and
U Visa for victims of domestic violence and other serious crimes.

Both visas provide victims with a means to remain in the United States (U.S.) while cooperating with law enforcement in the investigation or prosecution of the perpetrator.

The U.S. Department of Health and Human Services, ORR, may certify a victim of a severe form of trafficking who is willing to assist in every reasonable way with the investigation and prosecution of human traffickers. Once certified by ORR, he or she is eligible for federal benefits and services to the same extent as refugees. Consequently, they are eligible for RCA for twelve consecutive months under aid code 01. See a sample of ORR Certification Letter below:
If a trafficking victim applies for GA during the first twelve months, GA MUST BE DENIED.

Note: Individuals are required to file for adjustment of status to a Legal Permanent Resident no later than 90 days prior to the third anniversary of the approval of their visa. Failure to apply for adjustment of status will result in the termination of their visa at the end of four years.

Office of Refugee Resettlement (ORR) Certification Letter

It is the trafficking certification letter, not the T Visa, which confers eligibility for federal benefits. The certification letter will contain in its body a date of certification (sometimes called a date of eligibility). The date of certification will serve as the “date of entry” for all federal benefits programs.

See sample Certification LetterCertification Letter

State Funded Benefits (TCVAP)

SB 1569 was enacted and established the State-funded TCVAP which provides twelve (12) consecutive months of state benefits under aid code 1V to victims of human trafficking, domestic violence and other serious crimes, as they await ORR certification, or while they are preparing to file, or are taking the steps to meet eligibility for a T Visa.

Note: Individuals who have not yet filed, but are preparing to file, or are taking the steps to meet eligibility for a T Visa, must file a T VISA application within one year of applying for aid.

TCVAP state benefits are terminated at the end of the twelve month period, or at any time during the twelve month period if the recipient receives the ORR Certification Letter, as they are now eligible to receive federal benefits through the Federally funded RCA.

UVISA

Unlike Victims of Human Trafficking; victims of Domestic Violence and Other Serious Crimes, are not eligible for federal benefits and may only be eligible for TCVAP benefits if they have filed an application for a U Visa. Taking or preparing to take the steps to file for a U VISA does not apply to this category. TCVAP benefits are granted for twelve months or until the U VISA is denied, which ever comes first.

State vs. Federal Eligibility Matrix

DOCUMENTATION	STATE ELIGIBLE	FEDERAL ELIGIBLE
Preparing to Apply for a T VISA	YES	NO
APPLIED FOR T VISA	YES	NO
T VISA GRANTED	YES	NO*
RECEIVED CERTIFICATION LETTER (Trafficking Victims Only)	NO	YES
PREPARING TO APPLY FOR U VISA	NO	NO
APPLIED FOR U VISA	YES	NO
U VISA GRANTED	YES	NO
* It is the trafficking certification letter, not the T Visa, which confers eligibility for federal benefits.

GA MUST BE DENIED If a victim of Human Trafficking or Domestic Violence and Other Serious Crimes applies during the State or Federal eligibility period.

GA Applications After TCVAP

Individuals who are applying for GA after receiving aid from the State funded TCVAP for twelve months, are to have their eligibility determined in the same manner as any other GA applicant.

Clients who are certified by the ORR (receive the ORR Certification Letter), may be eligible for twelve months of federal funded benefits under the RCA program (aid code 01). They are NOT eligible for GA during this period.

GA Applications After RCA

Individuals discontinued from RCA after the twelve month benefit period, may be eligible for GA if all other eligibility requirements are met. ORR-Certified individuals are required to file for adjustment of status to a Legal Permanent Resident (LPR), no later than 90 days prior to the third anniversary of the approval of their visa. Failure to apply for adjustment of status will result in the termination of their visa at the end of four years and GA benefits will be denied or discontinued.

[Refer to "T VISA and U VISA" in the DEBS BP].

Employment Authorization Document

An EAD, also known as a work permit, authorizes a non-citizen to work in the U.S. for a period of time. An EAD can be granted at the same time that a T or U Visa is granted.

If TCVAP applicants are not work-authorized, they cannot legally work in the U.S. Therefore, employment-directed training and education must be appropriate to this situation, such as English as a Second Language (VESL) training, occupational assessments, job search coaching, education on employer expectations and workplace culture, etc. TCVAP clients who are not work-authorized must not be required to participate in job search activities.

Clients must still be registered for GA/GR and attend the VS orientation. Employment Counselors will conduct an assessment and assign appropriate activities to prepare the client for employment readiness and path to self sufficiency while waiting for the approval of their EAD and immigration