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Government Benefits for Non-Citizens April 2015 Laura Melnick SMRLS 651-894-6932

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1 Government Benefits for Non-Citizens April 2015 Laura Melnick SMRLS 651-894-6932 laura.melnick@smrls.org

2 Government Benefits for Non-Citizens 1. Welfare reform 2. Definitions: a. qualified non-citizen b. unqualified non-citizen c. battered immigrant 3. Sponsor-deeming 4. “SAVE” 5. Reporting to USCIS 6. Public charge considerations 7. 5-year bar 8. Federal cash & food benefits: a. SSI b. SNAP (food stamps)

3 9. State & federal/state cash & food benefits a. cash & food: TANF – families (i)FSS (Family Stabilization Services) (ii)DWP (Diversionary Work) (iii)MFIP (MN Family Investment Program) b. cash: GA (General Assistance) c. cash: MSA (Minnesota Supplemental Aid) d. emergency cash: EA (Emergency Assistance), and EGA (Emergency GA) e. non-need-based cash: UI (Unemployment Insurance) f. food MFAP (MN Food Assistance Program)

4 g.health care (i) MA (Medical Assistance) (ii) EMA (Emergency MA) (iii) MinnesotaCare 10. other benefits 11. considerations for mixed-status households 12. scenarios

5 1. Welfare reform  enacted August 22, 1996  replaced AFDC (family cash program) with “TANF” block grants to States  imposed lifetime limits on, and work requirements for, family cash assistance  eliminated SSI & food stamp eligibility for many non- citizens (“Restricting Welfare and Public Benefits for Aliens” provision)  required certain agencies to file reports with INS (now USCIS)

6 Post-1996 federal law changes (all helpful) IIRIRA - I LLEGAL I MMIGRATION R EFORM & I MMIGRANT R ESPONSIBILITY A CT OF 1996  amended definition of “Qualified Alien” to include battered non-citizen.  (BUT – clarified that SSDI & retirement benefits can’t be paid to anyone not “lawfully present” in US) BBA - B ALANCED B UDGET A CT OF 1997  broadened eligibility for SSI based on disability;  extended SSI window for refugees, asylees to 7 years (from 5)  treated Amerasian immigrants as refugees;  broadened “qualified” definition to include certain Indians born in Canada; &  added surviving spouses to US veteran exception.

7 1998 A GRICULTURAL R ESEARCH A CT restored food stamp eligibility to some groups of immigrants (those ≥ 65, < 18, Hmong/Laotian, or certified disabled); also extended food stamp window for refugees, asylees to 7 years (from 5). F ARM B ILL OF 2002 significantly broadened eligibility for food stamps for non-citizens beginning 2003 (allowed all “qualified” non-citizens to get food stamps 5 years after arrival; eliminated 5-year wait for certain groups). SSI E XTENSION FOR E LDERLY AND D ISABLED R EFUGEES A CT OF 2008 allowed certain humanitarian immigrants additional 2- 3 years of SSI past their “window.”

8 2. Definitions for eligibility for FEDERAL benefits: a. “QUALIFIED” NON-CITIZEN = lawfully admitted for permanent residence under Immigration & Nationality Act (INA) “refugee,” including Haitian, Cuban, & Amerasian granted asylum or parol granted conditional entry before 4/1/80 deportation withheld or removal cancelled granted T-Visa “battered immigrant”

9 b. “UNQUALIFIED” NON-CITIZEN  expired or no documentation  pending application for adjustment, asylum, suspension of deportation, or cancellation of removal  lawful temporary resident under amnesty program  non-immigrant (temporary protected status, or student, visitor, or temporary worker visa)  U-Visa recipient  Deferred Action for Childhood Arrival (DACA) grantee

10 c. “BATTERED IMMIGRANT” can qualify for range of federal & state-funded benefits but must wait 5 years for SNAP, MA: o must have been battered or subjected to extreme cruelty in U.S. by U.S. citizen or LPR parent, spouse, or relative in same household, AND o must no longer live with abuser, AND o need for benefits must be “substantially connected” to abuse, AND

11 applicant must either: be spouse or child of U.S. citizen AND have petitioned for adjustment of status under Violence against Women Act (VAWA); OR be spouse or child of U.S. citizen OR LPR AND have petitioned for cancellation of removal under INA.

12 3. Sponsor-deeming attribution of income from sponsor to immigrant can make immigrants COMPLETELY INELIGIBLE (financially) for almost all types of public assistance! Requirement stems from 1996 welfare reform law.  Began December 19, 1997 with implementation of “Affidavit of Support” form (I-864).  I-864 = legally binding contract between sponsor & immigrant, AND between sponsor & government  Applies only to family-based immigrants & immigrants who come to US to work in family-owned business).

13 Deeming does NOT apply to:  refugees, asylees, parolees  diversity visa (visa lottery) recipients  Cuban/Haitian entrants  people granted Temporary Protected Status  children < 18 (for SNAP & MA only)  pregnant women (MA)  MinnesotaCare

14 How deeming works  100% of income & assets of sponsor AND sponsor’s spouse are considered fully available to immigrant. (Less harsh deeming for SNAP).  Sponsor’s family size & fixed debts irrelevant (except in SNAP).  Burden of proving sponsor has little income on immigrant applying for public assistance.  Income & assets are deemed until: immigrant becomes U.S. citizen, works 10 years, or dies; OR sponsor dies.  Divorce from sponsor has no effect on deeming.

15 o Whether deeming affects people other than sponsored immigrant varies by type of assistance program. o For most programs (including MA, GA, SSI, SNAP), income & assets are deemed only to sponsored immigrant. o For MFIP & other family cash programs, income is deemed to all members of “assistance unit.”

16 2 exceptions to deeming: a. Indigence exception:  Sponsor-deeming will NOT apply if the welfare agency determines that the immigrant is without food & shelter as a result of the sponsor’s failure to support.  12-month renewals are available.  The government can sue the sponsor for reimbursement. (The immigrant can sue the sponsor, too, for non-support).

17 b. Battered spouse/child exception  Deeming will NOT apply if the immigrant or child is battered or subjected to extreme cruelty by a spouse or parent, or by a relative of the spouse or parent in the same household.  The immigrant can’t have participated in abuse of the child.  The immigrant must show that the battery or cruelty is substantially connected to the need for benefits.  This exception ends after 12 months, UNLESS the battery was perpetrated by the sponsor AND is recognized in a court order (OFP, etc.) OR USCIS determination.  The government can sue for reimbursement; the immigrant can sue for non-support.

18 Deeming applies to: cash programs: SSI, MSA, GA, MFIP, EA food programs: SNAP for adults; MFAP health care programs: MA Deeming does NOT apply to: o EMA (Emergency Medical Assistance) o MA for pregnant women & children o MinnesotaCare o SNAP for children o Basic Sliding Fee child care o SSDI o UI

19 Special 3-year deeming for MFIP  3-year deeming in state law is for MFIP only.  It’s less harsh & of shorter duration than I-864 deeming.  It applies only to those who came to the U.S. through means other than a relative petition (such as a diversity visa).  It does not affect refugees or asylees.  It takes into account the sponsor’s family size & support obligations.

20 4. “SAVE” Systematic Alien Verification for Entitlements o SAVE is an inter-agency governmental information- sharing program o It is used to verify immigration status for public assistance & public housing o It is NOT used for reporting immigration status (or lack thereof) to Immigration

21 5. Reporting to Immigration requirement stems from 1996 welfare reform & IIRIRA laws WHO IS REQUIRED TO REPORT? Only: …………………………………………… agencies receiving “TANF” funds (in MN, that means county agencies administering MFIP & DWP benefits) Social Security Administration public housing agencies contracting with HUD

22 WHAT MUST BE REPORTED? names, addresses, & other “identifying information” ON anyone the worker “knows” is unlawfully in U.S.

23 Reporting in Minnesota protocols require that agencies: report to MDHS rather than to Immigration not verify status if it’s not relevant to the benefit being sought stop inquiring about status when applicants express an unwillingness/inability to verify interpret “knowledge” very narrowly comply strictly with data privacy laws

24 6. “Public charge”  Receiving/having dependents receive certain benefits may affect ability to adjust to LPR status.  Benefits to be considered are: cash benefits: MFIP, DWP, SSI, MSA, GA long-term medical care (nursing home care)  Benefits not considered include health care, WIC, housing & energy assistance, & benefits not intended for income maintenance.  Receipt of SNAP or state-funded food support is not a factor for public charge determinations.

25 7. “5-year bar”  The 5-year “bar” (waiting period) prevents some immigrants from receiving certain Federal benefits during their first 5 years in “qualified” status.  Benefits potentially affected = SSI, SNAP, MA, & TANF (federally-funded MFIP & DWP).  During the 5-year waiting period, immigrants may receive State-funded benefits if they’re eligible for them (& if such benefits exist).

26 BENEFITS! 8. Federal cash & food benefits: a. Supplemental Security Income (SSI)

27 Social Security administers 2 types of disability benefits: SSI, for low-income, low-asset individuals. Recipients must be too disabled to work, or ≥ 65. SSDI, for people too disabled to work who meet earnings requirements by having paid into the system (or by having a deceased or disabled spouse, parent or child pay into the system) via FICA wage deductions.

28 To qualify for SSI, non-citizen applicants must:  be low-income, low asset;  meet definition of “qualified” non-citizens under federal law; AND  meet certain residency requirements.

29 SSI residency issues: A. Immigrants lawfully residing in U.S. before welfare reform (8/22/96)  if on SSI on 8/22/96, recipients can keep getting SSI as long as they remain elderly or disabled.  if not on SSI on 8/26/96, they can get SSI now if they’re: “qualified” AND disabled.  They cannot get SSI based on age (being ≥ 65).

30 B. Immigrants arriving after welfare reform (coming to U.S. or adjusting to LPR status after 8/22/96)  If “unqualified,” they can’t get SSI.  Even if “qualified,” they probably can’t get SSI. There are 3 exceptions to prohibition on newer immigrants getting SSI.

31 Exceptions to SSI ineligibility for those attaining “qualified” status after 8/22/96: 1) refugees, asylees, & those granted withholding: 7 year window of eligibility (from date of grant of status). 2) U.S. veterans, active-duty members of U.S. armed forces, & spouses or minor children of vets & active duty members: eligible without time limits, not subject to 5-year bar. NOTE: Hmong soldiers who fought with CIA in Vietnam War are not considered “U.S. veterans.” 3) workers (or those credited with ≥ 40 work quarters): eligible without time limits, but 5-year bar applies.

32 Note about work exception: o Only work where FICA taxes have been deducted from pay counts toward 40-quarter requirement. o Quarters are attributable from spouse to spouse & from parent to minor child. Minor children can carry parents’ quarters into adulthood. o Any quarters worked after 12/31/96 in which household received federal “need-based” benefits (AFDC, MFIP, SNAP, SSI, MA) do not count.

33 Sponsor-deeming & Social Security o Because SSI is need-based, sponsor- deeming may preclude eligibility. o Because SSDI is not need-based, sponsor-deeming does not apply.

34 b. SNAP (f/k/a Food Stamps ) Except when sponsor-deeming applies, all “qualified” non-citizens are potentially eligible for SNAP. Sponsor-deeming does not apply to SNAP for minor children. Some SNAP applicants may have to wait 5 years to get benefits (due to the 5-year bar).

35 Categories of non-citizens who don’t have to wait 5 years to get SNAP: refugees, asylees, & those granted withholding of deportation U.S. veterans & active-duty members of U.S. armed forces (& spouses & unmarried dependents) elderly immigrants who, as of 8/22/96, were “lawfully residing” AND who were ≥ 65 at the time disabled (certified by State or SSA) < 18 Hmong or Highland Lao

36 9. State (& Federal/State) cash & food benefits “steps” toward citizenship  Most recipients of State-funded assistance (including State-funded MFIP, DWP, GA, & MSA) must take “steps” toward obtaining citizenship.  They don’t have to take steps if they:  have been legally residing in U.S. < 4 years  are ≥ 70 OR  are living in a nursing home, group home, or similar facility.

37 “Steps” toward citizenship “steps” = o taking citizenship, literacy, or ESL class o being on a wait list for ESL or literacy class o having an application for citizenship on file o applying for a waiver of citizenship test requirements o failing the citizenship test ≥ 2 times or being unable to understand the rights & responsibilities of citizenship.

38 “Lawfully residing people” Some non-citizens who are not eligible for Federal benefits may get State-funded benefits:  Lawful Temporary Residents  people with Temporary Protected Status (TPS)  applicants for asylum or withholding who have employment authorization  Spouses/children of U.S. citizens with an approved visa petition or pending application for adjustment to LPR  others permitted to stay in the U.S. for humanitarian or public policy reasons, including those with Deferred Enforced Departure [DED], deferred action, & voluntary departure

39 Victims of Trafficking: T-Visas o Victims of trafficking who have “T” Visas are eligible for both federal AND state-funded benefits to the extent that refugees are eligible. o To qualify, T-Visa holders must get certification from the Office of Refugee Resettlement (ORR).

40 Crime Victims: U-Visas The “U” Visa is a “non-immigrant” visa. No eligibility for Federal benefits: Recipients are not eligible for Federally-funded benefits. No State cash unless LPR: U-Visa holders are not eligible for State-funded cash benefits (MFIP, DWP, FSS, GA) unless they have LPR status. Eligibility for MNCare: U-Visa holders are eligible for MinnesotaCare. Eligibility for MFAP: U-Visa holders are eligible for State-funded food benefits (MFAP) if they are categorically eligible (i.e., ≥ 50).

41 DACA recipients o No MA: Those granted Deferred Action for Childhood Arrivals (DACA) are not considered “lawfully residing” for purposes of MA (according to HHS). o No MNCare: DACA recipients arguably should qualify for MNCare; however, MN DHS says that they don’t. o Possible EMA: DACA recipients are potentially eligible for EMA. o No cash or food assistance: DACA recipients are not eligible for cash or food assistance.

42 a. cash & food: family cash benefits (i) FSS – Family Support Services (ii) DWP – Diversionary Work Program (iii) MFIP – MN Family Investment Program  MFIP, DWP, & FSS = family cash assistance programs. Two are funded with Federal TANF $$ (MFIP, DWP); one is State-funded (FSS). Those ineligible for Federal funding (due to 5-year bar or lack of “qualified” status) can get State-funded MFIP& DWP.  What is provided is cash AND food assistance to families with minor children. Cash grants for MFIP, DWP & FSS are very low: $250 for household of 1, $437 for 2, $532 for 3, $621 for 4, $697 for 5, etc. Grants have not increased since 1986.

43 FSS, DWP & MFIP  Most non-citizens here lawfully & permanently are eligible if they are categorically eligible, whether they’re “qualified” or “unqualified” under Federal law.  Certain non-citizens are eligible only for State-funded benefits. (Eligibility depends on date of arrival in U.S. & immigration category).  If they get State-funded benefits, they must take “steps” toward citizenship.  Those newly-arrived (here < 1 year) are exempt from DWP and are eligible for FSS for 1 year.  Sponsor-deeming may preclude eligibility for all 3 benefits.

44 MFIP & DWP work plans & ESL Most MFIP recipients have to work, unless exempted. o Counties may allow non-English speakers to include ESL in their job search & work plans IF their spoken language proficiency level is low enough on standardized testing. o Since 2014, MFIP & DWP recipients are no longer limited by State law regarding the amount of ESL they may take OR how long they may continue taking ESL.

45 b. cash: General Assistance (GA)  GA = a State-funded program for low-income, low-asset individuals not living with minor children.  GA is also for minor children whose adult caregivers don’t qualify for MFIP due to relationship status.  GA pays $203 per month cash for a single adult, $250 for a minor child, & $260 for a married couple (no increases since 1986).

46  Immigrants residing lawfully & permanently in the U.S. (or with a pending application for adjustment) may get GA if they meet other eligibility criteria.  If they’re < 70 & have been in U.S. ≤ 4 years, they must take steps toward citizenship.  Sponsor-deeming may preclude eligibility.

47 c. cash: Minnesota Supplemental Aid (MSA)  MSA = a State supplement for recipients of SSI (or those who would receive SSI but for excess income). The average MSA supplement for housing = $81.  General purpose is to ameliorate high housing costs for those living alone, but MSA may also pay for special diets and “representative payee” fees for SSI & SSDI recipients.  MSA has strict immigration requirements. Ineligibility for SSI because of immigration status = ineligibility for MSA.  SSI recipients living in “shared households” are usually ineligible for MSA.  Non-citizens must take “steps” toward citizenship, & sponsor-deeming may prevent eligibility.

48 d. cash: EA & EGA Emergency Assistance (EA) & Emergency GA (EGA) are designed to prevent destitution by providing one-time cash grants to resolve crises.  Both EA & EGA are funded through block grants from the State, so individual Counties have a great deal of discretion in administering benefits & in determining eligibility.  Lawfully- & permanently-residing residents are eligible for EA & EGA to the same extent (& subject to the same limitations) as U.S. citizens are.  Sponsor-deeming may preclude eligibility, but applicants may qualify for benefits based on the indigence exception to deeming.

49 e. non-need-based cash: Unemployment Insurance (UI) UI benefits can be paid if the worker was: lawfully admitted for permanent residence at the time of employment; lawfully present for purposes of employment; OR permanently residing in the U.S. under color of law at the time of employment. Work done before attaining legal status does not count toward the earnings requirements. UI benefits are not need-based; therefore, they not subject to sponsor-deeming.

50 f. Food MFAP – Minnesota Food Assistance Program MFAP was created to provide food assistance to non-citizens who became ineligible for Food Stamps (now SNAP) as a result of welfare reform.  MFAP is for lawfully- & permanently-residing non-citizens who are not on MFIP or DWP and are not eligible for SNAP because of the 5-year bar or their lack of “qualified” status.  Benefits are available only to those ≥ 50.  MFAP follows federal SNAP laws & regulations.  Recipients may be subject to sponsor-deeming.  Recipients must take steps toward citizenship.

51 g. health care (i) Medical Assistance (MA) MA is available to non-citizens who are: low-income & low-asset; “qualified” under Federal law; AND categorically eligible, meaning they’re: pregnant living with minor children or in MFIP household < 21 ≥ 65 certified disabled by State or SSA; OR ≥ 21, without kids, & living ≤ 133% FPG Sponsor-deeming may preclude eligibility.

52 The Minnesota Legislature eliminated state- funded MA statutorily, effective 3/1/12, for non- citizens lawfully residing in the U.S. who were not eligible for federally-funded assistance.

53 No longer eligible for MA are: o people considered “otherwise lawfully residing” who don’t meet definition of “qualified” under federal law; AND o LPRs during 5-year bar. All should qualify for MNCare, except those on Medicare. NOTE: Pregnant women & children remain eligible for MA (funded by CHIP, Children’s Health Insurance Program). The 5-year bar does not apply to pregnant women & children.

54 Special eligibility for torture survivors Those receiving “care and rehabilitation” services from the Center for Victims of Torture (CVT) qualify for special State-funded MA & do NOT have to meet MA guidelines in terms of: o categorical eligibility; o income & asset restrictions; OR o immigration requirements.

55 There is a special “safety net” rule allowing MA for some non-citizens who are subject to sponsor deeming  MA counts sponsor income.  MNCare does NOT count sponsor income.  MNCare is for people with income between 133% and 200% FPG.  People whose income is too high for MA (because MA counts sponsor income) may have income that is too low for MNCare (because MNCare does not count sponsor income).  The State has authorized those stuck in this “hole” to qualify for MA through a special “safety net” policy.

56 (ii) Emergency Medical Assistance (EMA)  EMA is a basic safety net health care program.  EMA can provide health care services to “medically needy” people who are undocumented, have lapsed documentation, or otherwise are ineligible for regular MA due to sponsor-deeming.  EMA has never covered organ transplants or “related procedures.”

57 EMA is available only to those who are categorically eligible for MA (i.e., living in a household with minor children, pregnant, ≥ 65, certified disabled, < 21, or ≥ 21, without dependents, and living ≤ 133% FPG).

58 EMA is for “Emergency Medical Services”: required for medical conditions manifested by acute symptoms of such severity that the absence of immediate medical attention reasonably could be expected to result in: o Placement of the patient’s health in serious jeopardy; o Serious impairment to bodily functions; OR o Serious dysfunction of any bodily organ or part.

59 For the past 3 years, EMA has not covered chronic conditions: o The MN legislature eliminated EMA eligibility for those with chronic conditions. o Exceptions have been made for those who would have respiratory or cardiac failure within 48 hours but for treatment. o EMA is also available for kidney dialysis & cancer treatment. o Current law limits EMA to care delivered: in hospital emergency rooms or ambulances; on an in-patient basis following ER care; or as follow-up care directly related to ER treatment.

60 Medical coverage for pregnant women Pregnant women qualify without regard to immigration status or sponsor income for:  labor & delivery (funded by EMA) AND  prenatal & post-partum care, for 60 days after birth (funded by CHIP).

61 (iii) MinnesotaCare (MNCare)  MNCare is a need-based program with higher income allowances than MA.  MNCare is available to those ineligible for MA because of categorical or income restrictions, or the 5-year bar.  MNCare is available to those who meet income guidelines AND who: are “qualified” non-citizens AND meet definition of “lawfully present” under federal regulations, OR are non-immigrants.  U-Visa recipients should qualify, but DACA grantees won’t.  Sponsor-deeming does not apply.

62 DACA & MNCare o While MNCare eligibility definition includes those granted Deferred Action status, DACA recipients are not eligible for MNCARE. o According to MN DHS, DACA recipients (aside from pregnant women, who are eligible for CHIP) are potentially eligible only for EMA. o “Do not consider these noncitizens to be lawfully residing in the United States because deferred action in this circumstance does not confer a lawful status.” HCPM 11.25.25 (11/1/12).

63 10. Other benefits Some benefits available without regard to immigration status include: WIC (Women, Infants & Children) benefits school breakfast & lunch benefits benefits through Head Start K-12 free public education public health immunizations, & testing for & treatment of communicable diseases services from soup kitchens, short-term shelter providers, etc. child care assistance for U.S. citizen children

64 11. Considerations for mixed-status households To avoid getting reported to Immigration, people without proper documentation should be advised to:  Tell the agency they are not eligible for benefits for themselves due to immigration status.  Tell the agency they are applying only for an eligible household member.  Not provide details about their status to the agency.  Not provide a Social Security number (unless it’s necessary for income verification).  Verify earned income, from whatever source, & however obtained.  Verify pregnancy if they’re seeking health coverage.

65 SCENARIOS

66 A. Battered immigrants: Natasha o Natasha, 36, came to the U.S. some years ago without papers. She left her U.S. citizen husband after he assaulted her with a baseball bat, causing traumatic brain injury. o A friend is letting Natasha stay in her condo, which is stocked with food. o Natasha filed a VAWA petition & received notice last month that she’s made a prima facie case for VAWA relief. o Natasha’s main concern is medical coverage. Her cognitive functioning is significantly impaired due to her injury, & she needs home health care to remain out of the nursing home. o MA covers home health care; MNCare doesn’t. o Natasha has no work history. She can’t work & would like cash aid.

67 A. Natasha quiz Natasha: 1.is not currently eligible for any cash or health care because she is undocumented. 2.is eligible for GA & MNCare only. 3.is eligible for SSI & MA since she is now a “qualified” non-citizen under federal law.

68 B. Sponsor-Deeming: Ralph & Mai Lia o Mai Lia came to U.S. with her minor child, Bee (now 8), 6 years ago, via relative petition. Sponsor was Mai Lia’s mom, who lives in CA with her new husband (not Mai Lia’s dad). Stepdad earns $200K per year. o Last year, Mai Lia married widower Ralph, a U.S. citizen & MFIP recipient with 6 kids. Mai Lia has been estranged from her mom since she married Ralph. Ralph added Mai Lia to his MFIP grant last year, then added the couple’s new baby, Jethro, 2 months ago. o The County notified Ralph over a month ago that it erred by not counting Mai Lia’s deemed income from her stepdad. County said the whole household was ineligible for MFIP. MFIP benefits have been terminated, & the household has been assessed a huge overpayment. o Ralph & Mai Lia were just served with an eviction notice. o THE COUNTY SAYS: Ralph & all 8 kids remain eligible for MA. All of the kids can get SNAP. No one else is eligible for anything.

69 B. Ralph & Mai Lia quiz Mai Lia should: 1.Appeal the MFIP termination & notice of overpayment because 8 out of 10 household members are U.S. citizens and should remain eligible. 2.Appeal the MFIP termination & notice of overpayment because: ► Jethro, a U.S. citizen, was born after the date Mai Lia’s mom signed the I-864; AND ► Stepdad, whose income is being deemed, wasn’t even married to Mai Lia’s mom at the time the mom signed the I-864. 3.Reapply for MFIP & SNAP & start working on her citizenship application.

70 C. Reporting and Public Charge: Tamara & Mustafa o Tamara, a U.S. citizen, is unemployed & married to Mustafa, whose student visa expired. He hopes to adjust to LPR status sometime in future. o Mustafa works part-time (not enough) using a SSN he obtained through the underground market. Neither spouse qualifies for UI. o The couple have 2 minor children born in U.S. The household is in need of food, medical & cash assistance. o Tamara worries that applying for benefits will:  impel the County to report Mustafa’s lapsed status to Immigration;  get Mustafa in legal trouble for using a false SSN; &  detrimentally affect Mustafa’s chances of adjusting.

71 C. Tamara & Mustafa quiz Tamara should: 1.apply only for medical & food benefits & report Mustafa’s wages to the County as part of the application process. 2.Apply only for medical & food benefits, but not report Mustafa’s wages to the County as part of the application process. 3.Not apply for any benefits. 4.Apply for all benefits. She has nothing to fear; she’s merely being worry-wart.

72 D. SSI: Tang o Tang, 52, is from Laos. She came to the U.S. as a refugee a little >7 years ago. o Tang speaks no English. She suffered trauma in her youth & can’t work. She likes to keep to herself. She started getting SSI & MSA 3 years ago due to PTSD. o Because she had $814 in monthly income, Tang could afford her own apartment. o Recently, Tang’s SSI & MSA were terminated because she is not a U.S. citizen. Tang applied for GA but doesn’t know how she’ll pay her rent on $203 per month. The County says Tang can’t get GA until she signs up for ESL, literacy, or citizenship classes. o Tang wants her SSI benefits back.

73 D. Tang quiz Tang should: 1. ask Social Security to reinstate her SSI benefits; as a Hmong refugee, she is not subject to the 7-year limitation. 2. file a new application for SSI since she hasn’t used up her 7 years of benefits yet. 3. apply for subsidized housing, file an application for citizenship, sign up for citizenship classes, and seek a medical waiver of the test requirements. 4. appeal the County’s termination of her MSA benefits, as MSA is state-funded program & has no 7-year limit. 5. move to North Dakota, as she’ll automatically get SSI there.


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