Public Benefits for The Immigrant Community CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MILWAUKEE

The Basic Analysis  Does the patient have any immigration status?  Could the patient get an immigration status?  What is or would be that status?  What impact does or would that status have on getting an immigration benefit?

Just What is Status, anyway?  Status defines someone’s legal relationship to the U.S. in terms of immigration. Someone can be here, for example, as a tourist, a student, or a lawful permanent resident. The USCIS gives anyone who is not a U.S. citizen or LPR a “status” upon entering the U.S. Status is different from a visa.

Just What is Status, anyway?  Just because someone has a tourist visa that is good for ten years does not mean that the person can be in the U.S. for ten years. In most cases, at the time of admission a CBP officer gives a specific period of lawful status in the U.S. For visitors, the maximum is 6 months. The individual must leave the U.S. on or before the expiration date, unless he/she has filed a timely application with USCIS to extend the status.

How do I figure out what someone’s status is?  The easiest way to determine someone’s status and the amount of time they are allowed to stay in the U.S. is to look at his/her lawful permanent resident card, employment authorization document, I-94 card or the Arrival/Departure Record that the individual received upon entering the U.S.  If the person has none of these, there is a good chance that s/he is undocumented.

The “Green Card”

The Green Card

Using the Green Card to Determine Class of Admission  Every lawful permanent resident card (aka MICA or I-551) has a class of admission listed on the card. It is a letter followed by a number. Some of the older cards are harder to understand, however, the newer cards have “class of admission” clearly stated on the front.  Compare the designation on the green card with the chart in the materials.  Looking at the two sample green cards, what is the class of admission?

Date of Admission  The date of admission as a lawful permanent resident is also very important. The newer cards have the “date of admission” clearly stated on the front.  Again, the older cards are a little harder to read, but you can find it.

The Employment Authorization Document

EAD to Determine Status  Every work permit has a “category” listed. Match the listed category to the list in the materials.

Using I-94 card to Determine Status

 Check both the date of the patient’s admission to the United States and the class of the patient’s admission. The admission could be as a non immigrant or as an immigrant.  Then check the NILC chart.

Using Green Card to determine status

 The newer cards are easy to use to determine status. Both the date and the class of admission are clearly marked.  Check the class of admission against the NILC chart.  Older cards may be harder to use. Often the class will appear on the back.  The older cards did not have an expiration date; you may still see some of them around.

PRWORA  In 1996, Congress passed and President Clinton signed The Personal Responsibility and Work Opportunity Reconciliation Act of Among other things, the Act created two categories of aliens: qualified and unqualified.

PRWORA  PRWORA defines Qualified Aliens as those who are:  1. Lawfully admitted for permanent residence.  2. Granted asylum  3. Admitted as a refugee.  4. Granted withholding of deportation.  5. Granted conditional entry. under INA § 203(a)(7), 8 U.S.C.A. § 1153(a)(7) or  6. Paroled into the United States for at least one year under INA § 212(d)(5)[2], 8 U.S.C.A. § 1182(d)(5)  7. VAWA self-petitioner in receipt of a valid Prima Facie letter.  8. Those who have been trafficked into the United States and have protection under the “T” classification.[3]

PRWORA  Unqualified alien  1. Everyone else.  Generally, "qualified aliens" are ineligible for "Federal means-tested public benefits" for a period of five years after becoming "qualified aliens." Unqualified aliens qualify for almost nothing other than emergency Medicaid and prenatal care.

PRWORA  The exceptions: Some qualified immigrants are not subject to the five year waiting period. These immigrants are:  Asylees,  Refugees  VAWA self petitioners with a prima facie letter.  Those who have been trafficked into the US

Immigrants’ Concerns Relative to Public Benefits  Immigrants who have a lawful immigration status may prejudice that status by receiving public benefits. Those who have no immigration status may prejudice their ability to obtain lawful status if they receive an immigration status.  There are three intertwined problems: being or becoming a public charge; receipt of means tested public benefits and the Affidavit of Support.

Immigrants’ Concerns Relative to Public Benefits  The Social Security Administration and the Department of Health and Human Services Consider these benefits to be means-tested public benefits  TANF  Medicaid  State Child Health Insurance Program.  SNAP, formerly Food Stamps.  SSI  Some things which are not public benefits:  Head Start  School Lunch Programs  Job Training Programs  Immunization Programs.  See:

Citizenship as Path to Public Benefits  Asylees and Refugees who are nearing the end of their public benefit eligibility period have to figure out some way to keep those public benefits.  Citizenship is one way to extend benefits because immigration status is never a bar to public benefits to a US citizen.  Two good pieces of news:  Poverty/lack of money should not be a reason to avoid applying for citizenship. There are fee waivers available.  Cognitive impairment/health issues should not be a reason to avoid applying for citizenship. If an Ph.D. psychologist, medical doctor or doctor of osteopathy can assign a diagnosis which prevents being able to take the test, an immigrant can get a waiver on the citizenship test.

Citizenship  English and Civics Requirements:  Most applicants are required to pass an examination on United States history and civics as well as English. The applicant must answer six of ten history/civics questions correctly and be able to write a short phrase in English.

Citizenship  Exceptions:  Lawful Permanent Residents who have twenty years of residency and fifty years of age may take the citizenship test in their own language.  Lawful Permanent Residents who have fifteen years of residency and fifty five years of age may take the citizenship test in their own language.  Lawful Permanent Residents who are sixty five years and have twenty years of residency may receive special considerations.  Lawful Permanent Residents who have a medical reason why they cannot learn English or United States history and physics, may file a waiver. The waiver must be signed by a licensed psychologist or medical doctor and must contain an appropriate diagnosis.

Citizenship  Fee Waivers are also available for citizenship applications.

Three additional issues  Hospitals and clinics may be the first to see immigrant victims of crime and domestic violence.  The Immigration and Nationality Act offers protections to these vulnerable immigrants.  There are also protections for abused and abandoned children.

Potential Forms of Relief: Domestic Violence  The Violence Against Women Act:  A gender neutral statute which is meant to help immigrant victims of domestic violence leave the abuser and become economically self-sufficient.  Can be physical or emotional abuse.  Do not have to have police or medical reports.

Potential Forms of Relief: Domestic Violence  VAWA Basic Requirements:  1.Is married to, or who reasonably believes that he or she is married to, either a U.S. citizen or LPR.  2.He or she entered the marriage in good faith; and  3.During the marriage or relationship, the U.S. citizen or LPR battered or subjected him or her to extreme cruelty, and  4.He or she is a person of good moral character, and  5.He or she has resided with the U.S. citizen or LPR, and  6. At least one instance of the abuse or extreme cruelty occurred inside of the U.S.

Potential Forms of Relief: Domestic Violence  Prima Facie determinations may come in 90 days which makes the intending immigrant a “qualified” immigrant.  Certain petitioners may apply for a work permit at the same time.  Those who apply but are not approved usually are rarely put into removal proceedings. The exceptions are those with previous removal orders and those who have serious criminal histories.

Potential Forms of Relief: Domestic Violence  “U” Non Immigrant Status  Congress created the “U” status in order to encourage people to report crime. It also afforded a remedy to those who were domestic violence victims but who were not married to either US citizens or lawful permanent residents.

Potential Forms of Relief: “U” Non Immigrant Status  The four Basic Requirements:  The immigrant has suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity. The harm may be proximate or direct to the victim.  The immigrant possesses information concerning that criminal activity;  The immigrant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution the criminal activity; and  The criminal activity described violated the laws of the United States or occurred in the United States.

Potential Forms of Relief: “U” Non Immigrant Status  Those crimes which qualify as certain criminal activity are: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt to commit any of these crimes

Special Immigrant Juvenile Status  Must be done in the context of a guardianship or a CHIPS petition.  The juvenile court order must say that:  It is in the child’s best interest not to be returned to his home country.  The child cannot be reunited with one or both parents because of abuse, neglect or abandonment.

Special Immigrant Juvenile Status  The child can apply for employment authorization at the same time.  The child can apply for lawful permanent residency at the same time.