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Medi-CalGeneral Assistance 19. Citizenship/Noncitizen/Sponsored Noncitizens

19. Citizenship/Noncitizen/Sponsored Noncitizens

All recipients of General Assistance (GA) must be either United States citizens, lawfully admitted permanent resident noncitizens, noncitizens with an entitlement to remain indefinitely or noncitizens residing in the United States under the Immigration Reform and Control Act of 1986 (IRCA). Temporary residence renders a person ineligible. Citizen and noncitizen status MUST be verified and documented prior to the issuance of aid.

Exception:Exception:

In some situations, an undocumented GA applicant or recipient may be approved for GA as a Director’s Exception. [Refer to “Categories,” page 11-1], for further information pertaining to Director’s Exception payments].

Note:

In reference to this chapter for information not found, please refer to the Common Place Handbook for Citizenship, immigration, Noncitizen Categories, USCIS Codes, Immigration Forms and SAVE.

19.1 General Assistance Policies

The following General Assistance Policies address sponsored noncitizens: [GA 114, 130, 141, 161, 162].

19.1.1 Sponsor Requirements GA Policy [114]

The Agency shall request the following information from the sponsor of a non-citizen applying for, or receiving, General Assistance:

• A copy of the "Affidavit of Support" which was completed for the U.S. Citizenship and Immigration Services (USCIS) at the time of sponsorship; and

• Information regarding the sponsor’s financial situation on a form prescribed by the Agency.

19.1.2 Agreement to Reimburse GA Policy [130]

The legal sponsor of a non-citizen General Assistance applicant/recipient shall sign an Agreement to Reimburse (SCD 355 S/A) for any aid provided the non-citizen during the period of time for which the sponsor has agreed, in writing, to provide for the non-citizen.

Update #18-049-1

2General Assistance 19. Citizenship/Noncitizen/Sponsored Noncitizens

Lack of a reimbursement agreement shall not affect the Agency’s right to procure reimbursement by legal action.

19.1.3 Residence of a Non-Citizen GA Policy [141]

A non-citizen who has been lawfully admitted into the United States as an immigrant with the right to remain permanently or indefinitely, and a non-citizen granted temporary legal residence under the Immigration Reform and Control Act of 1986 (PL 99-603) or Violence Against Women Act of 1994 (PL 103-322) and its subsequent amendments, may establish residence as required by these policies. All other non-citizens, being unable to establish residence, are not entitled to aid.

19.1.4 Recovery from Sponsors GA Policy [161]

The Agency may request the district attorney or other civil legal officer to maintain an action against the legal sponsor to recover for the County the aid provided the non-citizen during the period of time for which the sponsor has agreed, in writing, to provide for the non-citizen. The Agency may also request that an order be secured requiring repayment of any sums which may become due in the future.

The deeming of sponsor's and sponsor's spouse's income and resource shall not apply to an applicant or recipient who is a victim of abused by the sponsor. The total obligation from the sponsor and sponsor's spouse shall be canceled to protect the confidentiality of the applicant or recipient. Evidence of abuse must be demonstrated by documentary evidence.

19.1.5 Sponsor Information from the U.S. Citizenship and Immigration Services (USCIS) GA Policy [162]

The Agency may request sponsor information from the U.S. Citizenship and Immigration Services (USCIS) if the applicant or recipient is a sponsored non-citizen.

19.2 Citizenship

19.2.1 Establishing Citizenship

An applicant establishes citizenship through:

• Birth in the U.S. or U.S. territories

• Presentation of a certificate of citizenship or naturalization provided by the USCIS, or

• Presentation of other valid USCIS documents.

Update # 17-01Page 19-2


19.2.2 Birth in the United States

All persons born in the U.S. are, with rare exceptions, citizens. Citizenship through native birth is established by the applicant's statement on the application for General Assistance.

19.2.3 Birth in U.S. Territories

Persons born in the following U.S. territories are citizens or American Nationals entitled to enter the U.S. for permanent residence at any time without going through immigration procedures:

• Puerto Rico• American Samoa• Guam• Swain Island• Virgin Islands• Northern Mariana Islands.

[Refer to “Northern Mariana Islands,” page 19-4] for further information.]

Citizenship through U.S. territorial birth is established by an applicant's statement on the application for General Assistance.

19.2.4 Certificate of Citizenship

Certain persons born abroad, of U.S. citizen parent(s) can acquire citizenship. There is a special provision of law under which a “Certificate of Citizenship” (N-560) may be issued by USCIS to a person who becomes a citizen of the U.S. through his/her parent(s) either at birth or later. Presentation of this certificate is acceptable verification of citizenship. This must be documented prior to issuance of aid.

19.2.5 Certificate of Naturalization

Citizenship may also be acquired by naturalization through court proceedings. Any noncitizen lawfully admitted for permanent residence (including the spouse of a U.S. citizen), may become a naturalized citizen, provided that he or she is at least 18 years of age. USCIS issues a “Certificate of Naturalization” (N-550 or N-570) in these instances. Presentation of this certificate is acceptable verification of citizenship. This must be documented prior to issuance of aid.

19.2.6 Form I-197

Persons who have become U.S. citizens other than by birth should have a “United States Citizen Identification Card” (Form I-197 issued by the USCIS until April 7, 1983; previously Form I-179 last issued in February 1974) from USCIS. This identification card establishes U.S. citizenship and must be documented prior to issuance of aid.

Update #18-04Page 19-3


Note:

If the applicant is unable to present the above document, he or she may obtain a letter from the Clerk of the U.S. District Court where citizenship was obtained to verify naturalization. The applicant may be charged a fee.

19.2.7 Foreign Birth

A foreign birth certificate that has been registered with the American Consulate in the foreign country indicates U.S. citizenship if the document has ALL of the following:

• A written statement to this effect.• The official stamp of the consulate, and• The signature of an officer of the Consulate.

Persons holding these registered birth certificates are usually issued a U.S. passport.

Foreign Born Children

The Child Citizenship Act of 2000, which became effective February 27, 2001, allows foreign born children living in the United States (U.S.) to automatically acquire U.S. citizenship when certain requirements are met. Refer to CalWORKs Handbook, [“Citizenship and Non-citizen Status [EAS 42-430],” page 19-1] for additional information regarding foreign born children living in the U.S.

19.2.8 Northern Mariana Islands

Citizens of the Northern Mariana Islands (NMI) were declared citizens of the United States under Public Laws 94-241 and 99-239, if certain conditions were met. Persons who met those conditions were issued either:

• A United States Passport, or• A Northern Mariana Identification Card from the Commonwealth of the Northern Mariana Islands.

GA applicants or recipients who do not provide either of the above documents are to be considered noncitizens and must meet all noncitizen documentation requirements.



19.2.9 Examples

"Certificate of Citizenship" (N-560 or N561)

The N-560 is issued by USCIS to individuals who derived citizenship through parental naturalization; acquired citizenship at birth abroad through a United States parent or parents; acquired citizenship through application by United States citizen adoptive parents; and who, pursuant to section 341 of the Act, have applied for a certificate of citizenship. The N-561 is a replacement certificate issued when the N-560 has been lost or mutilated or the individual’s name has been changed.

"Certificate of Naturalization" (N-550 or N-570)

The N-550 or N-570 is issued by the USCIS through a Federal or State court, or through administrative naturalization after December 1990 to individuals who are individually naturalized: the N-570 is a replacement certificate issued when the N-550 has been lost or mutilated or the individual’s name has been changed.

19.3 Noncitizen Status

19.3.1 Amnesty Noncitizens

Under the Immigration Reform and Control Act of 1986 (IRCA), unauthorized or illegal noncitizens were given the opportunity to legalize their immigration status. They were granted Temporary Resident Status (TRS) and were allowed to apply for Permanent Resident Status (PRS) if they could otherwise qualify as legal residents under United States Citizenship and Immigration Services (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.

[Refer to Common-Place Handbook, “Amnesty (IRCA),” page 11-4, and See “Assorted Documents” on page 1. and Chapter 15, “United States Citizenship and Immigrant Status Codes,” page 12-1 for Amnesty non-citizen.]



19.3.2 Asylees

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

[Refer to Common-Place Handbook, “Asylees,” page 11-10].

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.

19.3.3 Battered Noncitizens

The Violence Against Women Act (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.

[Refer to Common Place Handbook “Battered Noncitizens,” page 11-11 for more information on Battered Noncitizens.]

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

19.3.4 Mandated by Law to Report

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 Adult Protective Services (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 Child Protective Services (CPS) is also MANDATORY.



19.3.5 Eligible Cuban-Haitians

Definition

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 Immigration and Nationality Act (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.

[Refer to Common-Place Handbook, “Cuban/Haitian s,” page 11-22].

19.3.6 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.

19.3.7 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.

19.3.8 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 Immigration and Nationality Act (INA). These noncitizens are potentially eligible for GA. [Refer to Common-Place Handbook, “Rule,” page 11-2.]

19.3.9 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).




Undocumented noncitizens may be eligible for GA under certain situations, i.e., Director’s Exception. [Refer to “Director’s Exceptions,” page 11-1].]

• 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).


Noncitizens covered by the Immigration Reform and Control Act of 1986 (IRCA) are potentially eligible for GA. [Refer to “Sponsored Noncitizens,” page 19-11], for specific information.]

19.3.10 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.

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 “Categories,” page 11-1], for further information pertaining to Director’s Exception payments].

[Refer to Common-Place Handbook, “Parolees,” page 11-39].



19.3.11 Refugees

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

Refugees are eligible for Refugee Cash Assistance (RCA) for the first eight months (8) that they are in the United States. If a refugee applies for GA during the first eight months (8), 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 on the Collect Non-Citizen Detail window 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. [Refer to Common-Place Handbook, “SAVE,” page 14-1, for specific code information and Update 2010-13].

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

The Republic of Marshall Islands (RMI), Federated States of Micronesia (FSM) and the Republic of Palau, collectively known as the Freely Associated States (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.

19.3.13 Sponsored Noncitizens

A sponsored non-citizen is a non-citizen whose entry into the United States was sponsored by a person or any public or private agency or organization who executed an “Affidavit of Support” (I-134 or I-864) or similar agreement on behalf of the noncitizen as a condition of the noncitizen's entry into the United States. Sponsored Noncitizens are potentially eligible for GA. [Refer to “Noncitizen Status Verification,” page 19-22], for specific procedures].



19.4 Trafficking Victims

19.4.1 Definition

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. The Trafficking Victims Protection Act of 2000 (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.

19.4.2 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, Office of Refugee Resettlement (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 Refugee Cash Assistance (RCA) for eight (8) consecutive months under aid code 01. See a sample of ORR Certification Letter below:

If a trafficking victim applies for GA during the first eight (8) 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.

Below is a sample of the Certification Letter.



19.4.3 State Funded Benefits (TCVAP)

SB 1569 was enacted and established the State-funded Trafficking and Crime Victims Assistance Program (TCVAP) which provides eight (8) 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 eight month period, or at any time during the eight month period if the recipient receives the ORR Certification Letter, as they are now eligible to receive federal benefits through the Federally funded Refuge Cash Assistance (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 eight months or until the U VISA is denied, which ever comes first.

19.4.4 State vs. Federal Eligibility Matri

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.

x:

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.



19.4.5 GA Applications After TCVAP

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

Prior to authorizing benefits, the Eligibility Worker (EW) MUST verify the immigration status of the noncitizen by accessing the information from the TCVAP case and IDM, and must verify the eight consecutive months of TCVAP (aid code 1V) in MEDS.

Note:

Do not request “Systematic Alien Verification for Entitlement” (SAVE). This system does not contain information about Trafficking Victims.

Since TCVAP may be granted before a T VISA application is filed, an alert must be created in the GA case to follow up and ensure that the client has actually filed a T VISA application.

Follow the process below to determine GA eligibility after the eight months of TCVAP:

IF an application for T VISA has ....

Then...

Been filed The client may be eligible for GA until the client receives the certification letter from the Office of Refugee Resettlement (ORR).

NOTE: EW must inform the client that he/she must report any changes in immigration status within 10 days, such as the receipt of the ORR Letter. In addition, the EW must review the client’s immigration status at each reinvestigation and SAR 7 processing.

NOT been filed within the 12 month from the application of TVCAP

The GA benefits must be denied, or discontinued at the end of the twelve month from the application of TCVAP benefits.

NOTE: A case alert must be created to monitor filing of a T VISA application. An SC 50 must be sent to the client on month eleven requesting verification of the filing of T VISA application by the end of month twelve.

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

Note:

Although it is the client’s responsibility to report any change in status, the EW must also review client’s immigration status at every RRR and SAR 7 processing.



19.4.6 GA Applications After RCA

Individuals discontinued from RCA after the eight 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.

19.4.7 Employment Authorization Document

An Employment Authorization Document (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

19.4.8 CalWIN Entries

The following CalWIN entries are necessary for GA and GA Combo cases:

Collect Non-citizen Detail window “Conditional Entrant” must be selected for the Status

[SSN Detail] tab • Applied [Y/N] - No• Attempted to Obtain [Y/N] - Yes• Reason for not Applying for SSN - Not Qualified• Reason for no SSN - Not Qualified

Special Indicators • “T VISA Appl - GA after TCVAP• “T VISA Appl - GA after RCA• “U VISA Appl - GA after TCVAP”



19.4.9 T VISA Applicants - GA Eligibility Determination Process.

Refer to the charts below to determine GA eligibility for T VISA applicants.

Chart 1

Applying for GA After TCVAP Eligibility Period:Client Applies for GA and states that he/she is a victim of human trafficking.

EW Makes eligibility determination as follows:

If... Then...

The client has not received TCVAP benefits (aid code 1V)

• Deny the GA application as client is potentially eligible for State benefits.Use denial NOA GA 239- Policy 202

• Refer the client to apply for TCVAP State benefits.

The eight consecutive months of TCVAP benefits (aid code 1V), were approved less than 12 months ago,

See below:

If... Then...

the client has not filed a T VISA application

• Approve GA (if otherwise eligible)

• Make appropriate CalWIN entries. [Refer to “CalWIN Entries,” section 19.4.8]

• Create a case alert and send an SC 50 on the 11th month of TCVAP benefits (aid code 1V) to request verification that a T VISA application is filed to be filed.

Reminder: Clients must file a T VISA application within 12 months of the approval of TCVAP benefits,

If... Then...

The verification is Received.

Continue GA benefits until client receives ORR certification Letter.

The verification is NOT received

Discontinue GA benefits at the end of the 12th month with timely NOA GA 069 or CalWIN 4.



The client has filed a T VISA application

• Approve GA (if otherwise eligible).

• Make appropriate CalWIN entries. [Refer to “CalWIN Entries,” section 19.4.8].

• Inform client that he/she must report any change on immigration status and report the receipt of the ORR Certification Letter within 10 days.

• Review immigration status at every RRR and SAR 7 processing.

NOTE: GA benefits must be discontinued if the T VISA application is denied. GA is also discontinued when certification letter from ORR is received. Clients must apply for RCA for eight months

It has been MORE than twelve months since the approval of TCVAP (aid code 1V)

See below:

If a.. Then...

T-VISA application has NOT been filed

Deny GA benefits with NOA # GA 239- Policy 102. Note the requirement in the "Other" box. NOA CalWIN 3- Verifications needed may also be used.

T-VISA application has been filed


• Make appropriate CalWIN entries. [Refer to “CalWIN Entries,” section 19.4.8].

• Inform client that he/she must report any change on immigration status and report the receipt of the ORR Certification Letter within 10 days within 10 days.

• Review immigration status at every RRR and SAR 7 processing.

NOTE: GA benefits must be discontinued when client receives the certification letter from ORR and client must apply for RCA for eight months.

Applying for GA After TCVAP Eligibility Period:



Applying for GA After ORR Certification Letter is Received:Client Applies for GA after receiving ORR Certification Letter

EW Determines GA Eligibility as follows:

If the client.... Then...

Has NOT received the eight consecutive months of RCA (aid code 01),

• Deny GA with NOA # GA 239, GA policy 202

• Refer client to apply for 8 months of RCA.

Reminder: Individuals with an ORR Certification letter are potentially eligible for federal benefits through the Refugee Cash Assistance (RCA) program.

Has received the eight consecutive months of RCA (aid code 01)

See below:

If... Then...

The ORR certification letter is less than 33 months old (2 years and 9 months)


• ”Make appropriate CalWIN entries. [Refer to “CalWIN Entries,” section 19.4.8].

• Remind clients that they MUST apply 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 and must report changes in immigration status within 10 days.

• Review immigration status at every RRR/SAR7 processing

II... Then...

Verification of Adjustment of Status is received

• Continue GA benefits

• Inform client to report changes in immigration status within 10 days

• Update the Collect Non-Citizen Detail window when the LPR card is received.

Verification of Adjustment of Status is NOT received

Discontinue GA benefits with timely NOA # GA 069 or CalWIN 4

The ORR certification letter is more than 33 months old (2 years and 9 months)

Deny GA benefits for failure to comply with program requirements. NOA GA 239- Policy 102

(Client must have applied for adjustment of status)

Note: Client can reapply for GA when they can provide verification of an application of adjustment of status.

Update #18-04-19


19.4.10 U VISA Applicants - GA Eligibility Determination Process

Unlike trafficking victims, individuals who are victims of domestic violence and other serious crimes are ineligible for federally-funded programs. They will remain in the state-funded TCVAP until the program time limit is reached or until the U Visa is administratively denied, whichever comes first. When state benefits are exhausted, Eligibility for GA may be explored. See chart below:

U VISA Applicants Applying for GA after the TCVAP Program Eligibility Period

Client Applies for GA and states that she is a victim if domestic violence or other serious crimes

EW Makes eligibility determination as follows:

If the client... Then...

Has not applied for TCVAP

• Deny the GA application as client is potentially eligible for State funded benefits. Use NOA # GA 239 - GA Policy 202.

• Refer client to apply for TCVAP State benefits.

Has used the eight consecutive months of TCVAP

Determine GA Eligibility as follows:

IF... Then...

U VISA is approved or pending

• Approve GA (if otherwise eligible)

• Make appropriate CalWIN entries. [Refer to “CalWIN Entries,” section 19.4.8.

• Remind clients that they MUST apply 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 and must report changes in immigration status within 10 days.

• Review immigration status at every RRR/SAR7 processing

If... Then...

Verification of Adjustment of Status is received

• Continue GA benefits

• Inform client to report changes in immigration status within 10 days

• Update the Collect Non-Citizen Detail window when the LPR card is received.

Verification of Adjustment of Status is NOT received

Discontinue GA benefits with timely NOA # GA 069 or CalWIN 4

U VISA is denied

Deny GA benefits as client does not meet non-citizen status.

Explore eligibility through Director’s Exception.

GA MUST BE DENIED If a Domestic Violence and Other Serious Crimes victim applies during the TCVAP eligibility period.


Update #18-04

Gene

19.4.11

The cha

Page 19-21

ral Assistance 19. Citizenship/Noncitizen/Sponsored Noncitizens

T VISA Eligibility Determination Chart

rt below may used as a guide in the GA eligibility determination for a T VISA applicant


19.5 Noncitizen Status Verification

19.5.1 Acceptable USCIS Noncitizen Status Verification

USCIS issues many different documents which can be used to verify lawful permanent residence. Descriptions and/or copies of USCIS documents are contained in the Common Place Handbook. [Refer to Common-Place Handbook, “USCIS Documents,” page 12-1 for the list of acceptable USCIS documents.]

Unless specifically noted in this Handbook section, USCIS documents which have expired are not acceptable verification of noncitizen status.

Acceptable documents used to verify noncitizen status for GA include, but are NOT limited to the following:

• “Permanent Resident Card” (I-551)• "Resident Alien Card" (I-551) • “Alien Registration Receipt Card” (I-151) • “Arrival-Departure Record — Parole Edition" (I-94)• “Arrival-Departure Record — Refugee” (I-94)• “Arrival-Departure Record — Asylee” (I-94)• “Arrival-Departure Record — Processed for I-551” (I-94)

NOTE: These documents are proof of permanent noncitizen status, even if beyond the expiration date per USCIS.

• “Temporary Resident Card” (I-688)

19.5.2 Foreign Passport

USCIS may stamp a noncitizen's foreign passport with the words “temporary evidence of permanent alien status” as acceptable proof of legal entry pending issuance of an I-551. The USCIS stamp may give a date “valid until _____ _____," but the noncitizen's card may not be processed by the expiration date. USCIS confirms that the stamped foreign passport is considered proof of permanent resident noncitizen status even after the expiration date since the determination of permanent status was completed prior to the passport being stamped.

Note:

The EW must set a "Case Alert" to review the case in six (6) months to determine if the client has provided the I-551. If the client has not received the I-551 within this six (6) month period, the noncitizen is to be referred to USCIS to obtain verification.



Caution should be exercised as to the type of stamp that appears on a foreign passport since American Consulates grant visitors visas and other types of visas for temporary admission by stamping the foreign passport.

19.5.3 Correspondence From USCIS

In addition to the documents previously listed, other correspondence issued by USCIS is acceptable verification of noncitizen status, provided the documentation indicates the noncitizen is permanently residing in the U.S. under the color of law (PRUCOL). This includes:

• A person granted an indefinite stay of deportation• A person granted indefinite involuntary departure in lieu of deportation• A parolee lawfully in the U.S. for an indefinite period• A refugee lawfully in the U.S.• An asylee lawfully in the U.S. for an indefinite period• A Cuban/Haitian Entrant lawfully in the U.S., or• A noncitizen being processed through USCIS as a permanent resident noncitizen.

19.5.4 Systematic Alien Verification for Entitlements (SAVE) Verification

The case record for a GA applicant/recipient who previously applied for or received CalWORKs, CalFresh and/or Medi-Cal may contain a SAVE verification. The Common Place Handbook states that “applicants/recipients must provide acceptable USCIS documentation of immigration status before the EW initiates a SAVE verification.” [Refer to Common-Place Handbook, “SAVE,” page 14-1].

If an applicant/recipient states that his/her noncitizen status documentation is lost, a previously generated SAVE verification can be accepted provided the following two conditions are met:

• The SAVE verification must indicate that the client meets the appropriate noncitizen status criteria, AND

• The client must have acceptable identification which proves that he or she is the person listed on the SAVE verification. [Refer to “Verifications,” page 10-1]].

19.5.5 Unacceptable Noncitizen Status Verification

The following ARE NOT acceptable as noncitizen status verification for GA:

• “Arrival-Departure Record” (I-94) issued to non-immigrant noncitizens admitted temporarily. These I-94s show the date to which admitted and any extensions thereof.

• “Employment Authorization Identification Card” (I-688A).



• “Nonresident Alien Mexican Border Crossing Card” (I-186).

• “Mexican Border Visitor's Permit” (I-144).

• “Nonresident Alien Canadian Border Crossing Card” (I-185).

Note:

Nonresident alien Canadian Border Crossing Identification may be a stamp placed on the noncitizen's passport or travel document.

Reminder:

Canadians and other residents of Canada may be admitted to the U.S. for periods of up to six (6) months for pleasure or business without the issuance of immigration documents. However, they usually will have in their possession evidence of Canadian citizenship or residence.

• “Western Hemisphere Alien Identification - Silva v. Levi” (WR-495). The court suit of Silva v. Levi had previously prevented these noncitizens from being deported. The injunction expired and this document is no longer acceptable.

• “Contreras v. Bell Aliens” (I-640). This letter was issued as a result of the court suit of Contreras v. Bell. The injunction was lifted and the document is no longer acceptable.

19.5.6 Change in Noncitizen Status

Recipients are required to report all changes in noncitizen status. When changes occur that would result in ineligibility (e.g., a noncitizen's parole status changes from indefinite to temporary), aid MUST be discontinued as soon as a timely notice can be given.

19.6 Sponsored Noncitizens

19.6.1 Definition

Sponsored noncitizens are individuals who have been admitted into the United States because another person or a group has agreed to support them. That individual or group is known as the noncitizen individual’s sponsor, and as such, have completed an affidavit of support that they have sufficient income, and resources to meet the needs of the noncitizen.



In addition to the mandatory verification requirements for noncitizens, there are specific procedures which must be followed for sponsored noncitizens.

The procedures in this section MUST be used for determining initial and continuing eligibility for resident sponsored noncitizens.

19.6.2 Affidavits of Support

The “Affidavit of Support” (I-134), was used prior to prior to December 19, 1997, and required that the sponsor support the noncitizen individual for a period of three years, from the noncitizen’s date of entry into the United States. The sponsor income/resource deeming rules no longer apply to noncitizens whose sponsor signed the I-134. Refer to Common Place Handbook [“Affidavit of Support,” page 13-10.]

Effective December 19, 1997, the USCIS began using the revised "Affidavit of Support" (I-864 and I-864A). This affidavit is legally enforceable. Sponsors of noncitizens who signed the I-864 or I-864A after December 19, 1997, are responsible for the noncitizen individual that they have agreed to sponsored UNTIL the noncitizen:

• Has 40 Qualifying Quarters of Work History; or• Becomes a United States Citizen; or• Leaves the United States; or• Dies.

NOTE: For purposes of the GA Program ONLY, sponsored noncitizens with the revised “Affidavit of Support” I-864 are subject to THREE (3) years sponsored income/resource deeming rules, INSTEAD of the longer Federal requirement. After three years, only the Sponsorship rule of deeming the income and resource ceases. The obligation to support the client does NOT cease as stated in the signed Affidavit of Support and the SCD 355 S/A. The sponsor(s) are obligated to support the immigrant(s) in which they have agreed in writing to support.

Reminder:

Eligibility for GA CANNOT be determined until the ability of the sponsor to support the noncitizen has been examined. [Refer to “Sponsor Requirements GA Policy [114],” page 19-1]]. If the client is unable to provide the affidavit of support, refer to [See “Client Unable to Provide Information” on page 30.]

19.6.3 Sponsored Noncitizen Requirements Do NOT Apply

DO NOT apply sponsored noncitizen requirements to a GA applicant/recipient if the noncitizen falls into one of the following categories:

• The “Affidavit of Support” I-134 was signed before 12/19/1997. The three year sponsorship income/resource deeming requirement rules have ended.



• The agency or organization that originally sponsored the noncitizen is no longer in existence.

• The sponsor is deceased. Verification of the sponsor’s death will be required only if the information appears to be questionable. In the absence of evidence to the contrary, the noncitizen’s statement is to be accepted.

Reminder:

Verifications must be obtained before a client can be exempt from sponsorship requirements.

Additionally, sponsored noncitizen procedures DO NOT apply if the noncitizen is a:

• Refugee• Cuban-Haitian entrant• Parolee, or• Asylee [Refer to “Citizenship,” page 19-2, for descriptions of the above categories].

Reminder:

If the noncitizen did not enter the country as one of the above, the individual’s sponsorship status must be thoroughly explored.

19.6.4 Sponsored Noncitizen’s Responsibility

A sponsored noncitizen individual is responsible for:

• Obtaining the cooperation of their sponsor.

• Providing the names of all other noncitizens that their sponsor agreed to support.

• Reporting changes in any of the circumstances related to their sponsor’s, or to their sponsor’s spouse, (i.e., loss of their job or their death).

• Reporting the number of dependents who their sponsor or their sponsor’s spouse claim as dependents.

19.6.5 Processing Time Frames

A sponsored noncitizen GA application may remain in a pending status for up to forty-five (45) calendar days, from the date that the "Application for General Assistance" (GA 1) was signed, while awaiting any necessary verifications.



Action CANNOT be taken to approve GA prior to the 45th day, following the application date for any sponsored noncitizen applicant, UNLESS the requirements contained in this section are met. The EW must set a "Case Alert" for 44 days from the date of the request to ensure that action is taken within the required time frames. If the requirements have not been met by the 45th day, the application will be denied or benefits will be discontinued.

Note:

In cases of extreme hardship, the GA SSPM has the ability to waive the forty-five (45) calendar day requirement and authorize the issuance of payment prior to that date.

19.6.6 Control Sheet

In order to ensure that all sponsored noncitizen requirements have been met, a “Sponsored Non-Citizen Control Sheet” (GA 60) must be completed by the EW for each sponsored noncitizen client. Copy is to be scanned into the IDM case record under Benefits F-2.

19.6.7 Agreement to Reimburse - Sponsor (SCD 355-S/A) — Completion [GA 130]

• The “Agreement to Reimburse - Sponsor” (SCD 355 S/A) must be obtained. All information requested on the SCD 355 S/A relates to the sponsor and to the sponsor’s spouse.


Those sections labeled “CASE #”, “Client's Name”, “Last 4 digits of SSN” (next to the “Client's Name”) and “Date of Entry” are to be completed with information regarding the GA applicant/recipient.

• Property that is owned by the sponsor or sponsor’s spouse must be listed under the section titled “REAL PROPERTY” on the SCD 355-S/A. If there is not enough room to list all of the sponsor's property, document the additional information on the Maintain Case Comments window.

Note:

The three year deeming does NOT mean that the obligation to support the client ceases. Refer to the signed Affidavit of Support and the SCD 355 S/A. The sponsor(s) are obligated to support the immigrant(s) when they have agreed in writing to support. Therefore, the SCD 355 S/A MUST be signed.



19.6.8 Sponsored Noncitizen Families

[Refer to “Director’s Exceptions,” page 11-1], for procedures to follow for sponsored noncitizen families applying for General Assistance].

19.6.9 Abused/Abandoned Sponsored Noncitizens

[Refer to “Abused/Abandoned Sponsored Noncitizens,” page 11-20] for procedures to follow for sponsored noncitizens who are abused or abandoned by their sponsors.]

19.7 Procedures for Sponsorship Requirements

19.7.1 Processing Sponsored Noncitizen Cases

When processing sponsored noncitizen cases, the EW must take the following action:

Step Action

1. Obtain the sponsor’s information (name and current address) from the client. If client is unable to provide the information, refer to “Request from USCIS,” page 19-30.

2. Ask the client to review and complete the “GA Requirements for Sponsored Noncitizens” (GA 55) and “Sponsorship Questionnaire” (GA 54). If the client refuses or fails to complete the GA 54, deny/discontinue GA.

3. Obtain a copy of the “Affidavit of Support” from the client and an “Agreement to Reimburse - Sponsor” SCD 355 S/A.

Note:If the client refuses to provide required documentation deny/discontinue GA.

Reminder: If the client indicates that he/she does not have, and is unable to obtain a copy of the affidavit of support; do not deny/discontinue GA. [Refer to “Client Unable to Provide Information,” page 19-30]] for additional information.

If the affidavit signed is the... Then...

I-134 AND it is dated over three years ago, Sponsor deeming does not apply. (Because the three [3] year sponsorship of income/resource deeming rules have ended). The SCD 355 S/A must still be completed.

I-864 and it is dated within three years, Because the three [3] year sponsorship of income/resource deeming rules have NOT ended, sponsor deeming will apply. [Refer to “Deeming of Sponsor’s Income and Resources,” page 19-34.] The SCD 355 S/A must be completed.



Reminder:

If the sponsored noncitizen claims to be abused or abandoned by his or her sponsor(s), he or she may qualify for GA under Director’s Exception. [Refer to “Abused/Abandoned Sponsored Noncitizens,” page 11-20 for more information.]

4. Schedule an appointment for the sponsor(s), if appropriate, and send/give the “Notification to Sponsor (GA 56).

5. Obtain the following from the sponsor(s):

• Affidavit of Support,• “GA - Sponsor’s Statement of Facts” (GA 24), and• “Agreement to Reimburse - Sponsor” (SCD 355-S/A).Note:

If the applicant/recipient is also requesting CalFresh, the sponsor must also complete the “Sponsor’s Statement of Facts Income/Resources” (SAR 22) and the “Sponsor’s Semi-Annual Income & Resources Report” (SAR 72).

6. Initiate the “Sponsored Non-Citizen Control Sheet” (GA 60) by completing the following:

• Case name and number

• GA application date

• Date that action must be taken on the application (This is the 45th day from the date of the GA 1 was signed).

• Date the client completed the GA 54, and

• Date the client was given the GA 55 (This is the GA application date if the GA 55 was included in the intake packet).

• Has copy of GA 60 scanned into IDM case record under Benefits, F-2.

7. Complete the "Referral of Sponsor to Collections" (GA 59) as soon as GA program is approved and email it to the Collections Unit email box at [email protected]

Step Action



19.7.2 Client Unable to Provide Information

If the sponsored noncitizen is unable to provide the name, current address of the sponsor AND a copy of the “Affidavit of Support”, the following actions must be taken:

If the client... Then...

Is UNABLE to provide the affidavit of support and sponsor information, or DECLARES the whereabouts of the sponsor is unknown,

The EW must assist the client to obtain the required documentation. [Refer to “Request from USCIS,” page 19-30 for the process.]

Once sponsor information is obtained and the client has given his/her consent, the EW can send the required sponsorship documents directly to the sponsor(s).

No documents are to be send to the sponsor(s) of an abused/abandoned applicant/recipient of Directors Exception

REFUSES to cooperate, The GA application must be denied.

Reminder:

The EW must distinguish the difference between the client’s inability to provide the requested information vs. the client’s refusal to cooperate in order to take the appropriate action.

19.7.3 Request from USCIS

Sponsor Information

If sponsorship is in question or the client is unable to provide the sponsor’s name and current address, the EW must:

Step Action

1. Use the Online SAVE to initiate a secondary verification.

2. Set a "Case Alert" to flag the date for the expected return of the Online SAVE.

3. Have a copy of Online SAVE scanned into the IDM case record.

Exception:

Note:The case must be held pending up to forty-five (45) calendar days to provide the client the necessary time to obtain the required documentation.



Affidavit of Support

USCIS does not automatically provide the noncitizen with a copy of the Affidavit of Support. At any time, the noncitizen may request a copy of the Affidavit by completing the “Freedom of Information/Privacy Act Request” (G-639) and submitting it to USCIS. The client must obtain this form from USCIS. [R efer to USCIS Website for detailed instructions on “How to Make a FOIA Request”.]

19.7.4 Referring Sponsor(s) to the Public Assistance Collections Unit

The Public Assistance Collections Unit will pursue collections efforts on closed GA sponsor cases. The following process must be followed to ensure proper referral:

STEP ACTION

1. INTAKE:

• Obtains affidavit of support and all sponsor forms applicable to the case.

• Completes the form "Referral of Sponsor to Collection” (GA59)

• Emails the completed GA 59 with applicable documentation to Collections Unit email box [email protected].

2. CONTINUING:

• When GA program closes; creates a GA/GR loan for the period and total amount of GA benefits client received while sponsored. For GA/GR Loan process, refer to CalWIN OLUM.

On a monthly basis the report DSR96381 is generated from CalWIN to capture sponsor’s information for all GA sponsored cases that have discontinued the prior month. The report is forwarded to the Collections Unit for collection efforts.

Reminder: The Sponsor(s) information must be entered in CalWIN for an accurate report.

Note:The sponsor(s) individual(s) must be added to CalWIN using only a CWIN and not a CIN. The sponsor(s) must be identified as "Sponsor" in the [Household Relationship] tab. This information is critical for the CalWIN report DSR96381 mentioned below.


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[email protected]

[email protected]


19.7.5 Sponsor Present at Interview

If the sponsor is present at the interview, the EW must:

Step Action

1. Complete the “Agreement to Reimburse - Sponsor” (SCD 355-S/A) and have the sponsor sign it.[Refer to “Agreement to Reimburse GA Policy [130],” page 19-1], for specifics on how to complete the SCD 355-S/A].

2. Review the "General Assistance Program Sponsor’s Statement of Facts" (GA 24) for completeness and the "Sponsor’s Statement of Facts Income/Resources" (SAR 22) if applicable.

3. Obtain a copy of the “Affidavit of Support” (I-134 or I-864), if not previously provided by the client.

4. Establish eligibility in accordance with normal procedures.

5. Refer the sponsor to Collections by completing the “Referral of Sponsor to Collections” (GA 59) and attach the documents indicated on the form.

19.7.6 Sponsor Not Present

If the sponsor is not present at the interview the EW must:

Step Action

1. Schedule an appointment with the sponsor for five (5) working days from the date of the intake interview. The purpose of the interview is to have the sponsor:

• Sign the SCD 355-S/A

• Complete the "General Assistance Program Sponsor’s Statement of Facts" (GA 24) and "Sponsor’s Statement of Facts Income/Resources" (SAR 22), if applicable, and

• Provide a copy of the “Affidavit of Support” (I-134 or I-864), ONLY if it has not already been provided.

2. Mail the following to the sponsor:

• The "General Assistance Program Sponsor’s Statement of Facts" (GA 24)• The “Requirements for Sponsored Non-Citizens” (GA 55), and• The "Notification to Sponsor" (GA 56).Note:

Retain a copy of the GA 56 in the case folder.

REMINDER: If the client is also requesting CalFresh, the “Sponsor’s Statement of Facts Income/Resources” (SAR 22) and “Sponsor’s Quarterly Income & Resources Report” (SAR 72) are also required.



19.7.7 Sponsor Keeps Appointment

If the sponsor keeps the scheduled appointment, the EW must follow the procedures outlined in “Sponsor Present at Interview.” [Refer to “Sponsor Present at Interview,” page 19-32]].

19.7.8 Sponsor Does Not Keep Appointment

If the sponsor does not keep the appointment and the case is an intake application, the EW must:

Step Action

1. Determine if the “Affidavit of Support” (I-134 or I-864) has been provided.

If the affidavit... Then...

Has been provided, Attempt to reschedule the appointment with the sponsor.

Has NOT been provided, Assist the client in requesting the information from USCIS. [Refer to “Request from USCIS,” page 19-30.]

2. Maintain the case in pending status (for up to 45 days) pending the return of the I-134 or I-864; and for Sponsor to keep the rescheduled appointment.

If Sponsor... Then...

Keeps the rescheduled appointment and signs the SCD 355 S/A,

Establish eligibility in accordance with normal procedures.

Fails to keep appointment and doesn’t sign SCD 355 S/A,

Deny the case.

If... Then...

Case is Approved,

3. Enter the following information on the “Sponsored Non-Citizen Control Sheet” (GA 60):

• The date the "Notification to Sponsor" (GA 56) was mailed to the sponsor, and

• The scheduled appointment date. (If the sponsor calls to change the appointment date, the EW must change the date on the GA 60.)

Refer the sponsor to Collections by completing the “Referral of Sponsor to Collections” (GA 59), and attaching the required documents to the form.

Step Action



19.7.9 Noncitizen Sponsor’s Data

For all sponsored noncitizen cases, the EW must enter the appropriate information regarding the noncitizen’s sponsor into the Data Collection subsystem on the Collect Non-Citizen Sponsor Detail window. This information is to be provided by the noncitizen or their sponsor.

19.8 Deeming of Sponsor’s Income and Resources

For the purposes of determining eligibility for aid and care, income and resources will be deemed. Deem the sponsor’s income and resources for those immigrants that have been in the United States three (3) years or less.

W & I Code 17001.7 (Deeming the Income and Resources) states:

“(a) In adopting standards of aid and care for the indigent and dependent poor of the county or city and county, the board of supervisors or the agency authorized by the county charter may, for purposes of determining eligibility for aid and care, deem the income and resources of any person who, as a sponsor of the entry of a general assistance applicant or recipient into the United States, executed an affidavit of support or similar agreement with respect to that applicant or recipient, and the income and resources of the sponsor’s spouse, to be the income and resources of that applicant or recipient, in accordance with subdivision (b) and (c) for a period of three years after the individual’s entry into the United States. “

Deeming of the sponsor’s income and resources is very rare because for the majority of these cases the sponsor’s deemed income and resources would most likely exceed the limits for General Assistance applicants/recipients.



19.8.1 Sponsor & Sponsor’s Spouse Deemed Income

When the need to deem is necessary, the following process is to be followed. Any such deemed income shall be treated as unearned income of the General Assistance applicant or recipient.

If the Sponsor and/or Sponsor’s Spouse...

Then...

Have earned or unearned income, The total amount of income is to be the income of the applicant/recipient and shall be determined for the month as follows:

• The amount determined shall be reduced $175 of the total wages or salary.

• Income verification must be provided.

Example:

Sponsor & sponsor’s spouse provide verification of earned income of $1000 a month and declare no property. Deduct the $175 from total Wages or salary:

$1000 - $175 = $825

$825 is the income to be deemed to the applicant/recipient.

Are Self Employed, The total amount of income is to be the income of the applicant/recipient and shall be determined for the month as follows:

• The amount determined shall be reduced by $175 form the total net earnings from self-employment, plus the full amount of any costs incurred in producing self-employment income in that month. Verification must be provided (e.g. Federal Tax).

Example:

Sponsor & sponsor’s spouse provided verification of net self-employed income of $2000 a month plus $1000 for costs incurred in producing self-employment income. No property declared. Deduct the $175 from total Wages or salary:

$2000 - $175 = $1825 and $1825 - $1000 (Costs) = $825


Pay for individuals NOT living in the home who are claimed as dependent(s) for Federal personal Income Tax,

The amount paid to the individuals is deducted and verification must be provided prior to allowing this deduction (e.g., Federal Tax).

Example:

Sponsor & sponsor’s spouse have earned income of $3000 a month. No property declared. Sponsor provides verification of paying $600 a month for two Tax Dependents NOT living in the home. Deduct the $175 from total Wages or salary:

$3000 - $175 = $2825 and $2825 - $600 (two Tax Dependents) = $2225




Note:

If the applicant/recipient is also applying for CalFresh the “Sponsored Noncitizens Applying For or Receiving Cash Aid and/or Food Stamps” (SAR22) County Use Only section is to be used to deem the Sponsor/Sponsor’s Spouse income and resources.

Pay for individuals living in the home who are claimed as dependent(s) for Federal personal Income Tax,

The amount deducted shall be the amount of maximum aid established pursuant to Section 11450 of the W & I Code:

• Use the CalWORKs Standard charts Region 1 for family type and size. [Refer to “CalWORKs and RCA/ECA Charts,” page 1-1 to establish the amount to be deducted for family type & size].

• Verification must be provided prior to allowing this deduction (e.g., Federal Tax).

Note: These individuals’ needs can not be taken into account in making a determination for cash aid/CalWORKs.

Example:

Sponsor & sponsor’s spouse have earned income of $3000 a month. They have no property. Sponsor provided verification their paying $600 a month for two unemployable Tax Dependents who are living in the home. Deduct the $175 from total Wages or salary:

$3000 - $175 = $2825 and $2825 - $540 (CalWORKS Unemployable AU Standard Chart was used to get this amount) = $2285


Pays spousal or child support, Any payments paid for spousal or child support (these individuals are not living in the home) is deducted from the income. Verification must be provided.

Example:

Sponsor provides verification of earned income of $3000 a month and pays $800 a month in spousal and child support. Deduct the $175 from total Wages or salary:

$3000 - $175 = $2825 or $2825 - $800 (Support) = $2025



Then...



19.8.2 Sponsor & Sponsor’s Spouse Deemed Resources

Resources of a sponsor and the sponsor’s spouse shall be deemed to be those of the noncitizen(s) and determined as if the sponsors’ were applying for General Assistance. Resources are deemed as follows:


Then...

Has resources, Deem any total amount of resources to the sponsored noncitizen(s) and reduce by $1500. Verification of resources must be provided.

Example:

Sponsor provides verification of $4000 in Savings: $4000 - $1500 = $2500 is the resource amount to be deemed to the applicant/recipient.

19.8.3 Sponsoring Two or More Individuals Living in the Same Home

When the sponsor is the sponsor of two or more General Assistance sponsored noncitizens who are living in the same home, the income and resources shall be divided into equal shares. The equal shares are deemed to the GA applicant/recipient.

19.8.4 Overpayments

The sponsor(s), shall be liable for an amount equal to any overpayment of aid made to the sponsored noncitizen, on any account of the sponsor’s failure to provide correct information. When proof is provided that the sponsor was without fault, or where good cause of that failure existed, an exception can be made.

19.8.5 Forms and Notice of Actions

The following General Assistance Sponsor Forms and Notice of Actions are to be used, as appropriate:

Sponsor Forms:

• GA 24- Sponsor's Statement of Facts• GA 25- Sponsor Deeming Budget• GA 54- Sponsorship Questionnaire• GA 55- Requirement for Sponsored Immigrants• GA 56- Notification to Sponsor• GA 59- Referral Of Sponsor To Collections



• GA 60- Sponsored Non Citizen Control Sheet

Notices of Action:

• General Assistance Denial - “Needs Being Met by Sponsor” (GA 129) also, to be used when income and resources exceed the limits.

• General Assistance Denial - “Sponsored Non-Citizen Failed to Provide Essential Information” (GA 195) and including “Affidavit of Support” and/or the “Sponsorship Questionnaire” (GA 54).

• General Assistance Discontinuance - “Needs Being Met by Sponsor” (GA 022) also, to be used when income and resources exceed the limits.

• General Assistance Discontinuance - “Sponsored Non-Citizen Failed to Provide Essential Information” (GA 095).

19.8.6 Documentation

All required sponsorship information must be entered in Collect Non-Citizen Detail window in CalWIN.


19.Citizenship/Noncitizen/Sponsored Noncitizens€¦ · The Agency may request sponsor information...

Documents

Transcript of 19.Citizenship/Noncitizen/Sponsored Noncitizens€¦ · The Agency may request sponsor information...