7/25/2013 Benefits for Immigrants: Outline Some Definitions Introductory Considerations When Assisting Immigrants Categories of Immigrants plus Public Charge Categories of Immigrants plus Public Charge C lO ti CalOptima Snack & Learn S k & L Categories of Benefits/Services (N. Rimsha/LASOC) July 30, 2013 Medical Income Supports Sustenance Housing Special Issues 7/25/2013 1 7/25/2013 2 Services and Benefits for Definitions: Categories Immigrants: Intro USC= United States Citizen This is a massive field, combining two very technical LPR=Legal Permanent Resident (“green card”) May be due and not necessarily straightforward areas to family or employment or other issues. Reams of material written on this Refugees & Asylees: Immigrants granted refugee or asylee g y g g g y So what can we accomplish today? S h li h d ? status by fed govt due to fear of persecution in their homelands. See also: Cuban/Haitian entrants, certain Understanding the Terminology ‐‐ Definitions Amerasians, victims of trafficking Preliminary Considerations—How to Help Everyone You Temporary or Provisional Immigrants: e.g. Deferred Encounter Action for Childhood Arrivals aka DACA aka Dreamers Sending People in the Right Direction (Exhibitors!) Undocumented = Individuals who lack permission to be in Some Basic Immigration Law Categories the U.S., due to e.g. arrival without authorization or stayed Some Basic Benefits Law Categories past permission 7/25/2013 3 7/25/2013 4 1
7/25/2013 Definitions, Misc Definitions, cont’d A#=Number Assigned to Each Application by U.S. Public Charge: Further discussion, infra, but Government immigrants who are found “likely to become a public Visa=Permit to enter/stay charge” can be denied admission or denied status as an g FOIA= Freedom of Information Act FOIA F d f I f i A LPR. In some circumstances, a basis for removal. A Naturalization= from LPR to Citizen multi ‐ factoral test, probably leading to considerable confusion. PRUCOL= Permanently Residing Under Color of Law ( not an immigration status—a benefits category) Qualified Alien: A window and a door. A term developed in 1996 legislation to make distinctions re benefits. See discussion, infra. 7/25/2013 5 7/25/2013 6 Preliminary Considerations Preliminary Considerations What is the client’s immigrant status? When in doubt: “First Do No Harm” Refer client back to their attorney/representative Do they know? Do not assume! Amazingly enough, sometimes clients l h l actually do not know Use of Questionnaire: But: technical & time ‐ consuming How can they find out? Their Provider, the Immigration Line, FOIA or Immigration office 7/25/2013 7 7/25/2013 8 2
7/25/2013 Preliminary Considerations Preliminary Considerations YOU CAN ALWAYS HELP! Advise regarding importance of obtaining and keeping accurate documentation of identity, income and They can check on their status! residence Be aware of risk to clients of fraudulent service providers id All benefits are income ‐ dependent and/or Immigration service providers (a focus of California State Bar currently) residence ‐ dependent; some are time ‐ dependent “Notario fraud” Start organizing now! Defensive vs. offensive filings Health Insurance providers (fake ACA and Covered California) If client lacks identity documents—start now! already starting 7/25/2013 9 7/25/2013 10 Immigration Categories: Immigration Categories: specific Categories Determine Benefits categories determine benefits Family ‐ based Petitions Begin at the beginning ‐‐ Employment ‐ based Petitions In general, an “alien” is a foreign ‐ born person who is Diversity –based petitions not a citizen or national of the U.S. Victim ‐ based Petitions Victim based Petitions Four classes: F l U Visa (victim of a crime) 1 people seeking admission T Visa (human trafficking victim) 2 people admitted permanently (green card) VAWA (Violence Against Women Act) 3 people admitted as non immigrants (intend to return home) Asylum/Refugees/CAT(Convention Against Benchmark Public Benefits Handbook at 9/5 4 undocumented or “illegal” aliens Torture)/Withholding of Removal 7/25/2013 11 7/25/2013 12 3
7/25/2013 Immigration: Inadmissible Immigration Categories, cont’d categories New: An alien seeking to immigrate might be “inadmissible” for any one of a number of reasons, for example: DACA: aka “Dreamers” Health related (previously HIV) Health ‐ related (previously HIV) Criminal background Pending Legislation? Future unknown (political Lack of proper degree for job being sought prognostications are beyond the scope of this Polygamy (!?) presentation!) Likelihood of becoming a public charge 7/25/2013 13 7/25/2013 14 Immigration and Deportation Immigration and Naturalization Many benefits to Naturalization, i.e., to becoming a citizen. Similarly, many grounds to Deport an individual Citizen cannot be deported Citi t b d t d One is having become a public charge within five years of Citizen can vote and run for office entry (not common) Grounds for Deportation can be waived Citizen can obtain benefits including full ‐ scope MediCal and Re ‐ entry can re ‐ open the problem Covered California (i.e. status is not a bar) 7/25/2013 15 7/25/2013 16 4
7/25/2013 Immigration categories: Immigration and Public Charge “Qualified” See Public Charge Fact Sheet issued by U.S. Source: Personal Responsibility and Work Opportuity Citizenship and Immigration Services in your Reconciliation Act of 1996, Pub. L. No. 104 ‐ 193, 110 materials (April 29, 2011) Stat. 2105 (Aug. 22, 1996) and Illegal Immigation Reform and Immigrant Responsibility Act of 1996 Reform and Immigrant Responsibility Act of 1996, An individual who is likely to become primarily dependent An individual who is likely to become “primarily dependent on the government for assistance, as demonstrated by the enacted as Division C of the Defense Department receipt of either public cash assistance for income ‐ Appropriations Act, 1997, Pub. L. No. 104 ‐ 208, 110 Stat maintenance or institutionalization for long ‐ term care at 3008 (Sept. 30, 1996) government expense.” A multi ‐ factoral test Potentially Problematic: SSI, TANF, GR , MediCal for long ‐ Effect was to limit benefits to certain categories of term care immigrants—those who are “qualified” 7/25/2013 17 7/25/2013 18 Immigrant Categories: Qualified Immigrant Categories: Qualified Qualified Immigrant category includes: Everyone else: Not Qualified LPR (largest category ‐ ”green card”) Undocumented = Not Qualified Some people lawfully present (lawfully admitted and present Refugees, asylees/withholding of with a VISA)= Not Qualified ) Q removal/CAT/conditional entrants removal/CAT/conditional entrants Persons granted parole by Dept of Homeland Security Broadly, Not Qualified = No Benefits BUT some benefits are for at least 1 year available to those Not Qualified Cuban and Haitian entrants For any given benefit, must dig deeper Certain VAWA ‐ related immigrants and their family Certain trafficking victims Does “Qualified “= Benefits? NO! Must evaluate more extensively. 7/25/2013 19 7/25/2013 20 5
7/25/2013 If eligible, applicant should get the benefit If you show you meet the rules, you should be approved should be approved Wh t i A What is Available, to Whom and When il bl t Wh d Wh Eligibility staff make errors Whether someone qualifies is not always clear 7/25/2013 21 Rules Rules Qualifying events/status Appeals Income Constitutional right to entitlements if qualified qualified Resources R If government takes away or reduces Immigration Status must give “due process” Notice Opportunity to contest 6
7/25/2013 Benefits based on work General Structure If you work legally and pay in, you can Benefits based on work qualify Generally no resource rules Unemployment Legal Immigrants generally eligible State Disability State Disability Not considered for Public Charge evaluation Worker’s Compensation Benefits payable even if you don’t work/pay in Private Disability Usually have income/resource rules and Social Security limitations on immigrant eligibility Disability Retirement Unemployment/State Disability ‐ Social Security Immigrants Federal Benefit – apply on ‐ line, phone or Social Security office Formal name is Formal name is If you have work authorization, you can If h k h i i collect UIB/SDI if otherwise eligible Retirement, Survivors and Disability Insurance No accompanying health coverage Have to have worked and paid in to program 7
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