Government Benefits for Non-Citizens

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Transcript Government Benefits for Non-Citizens

Government Benefits for Non-Citizens

April 2013

Laura Melnick SMRLS 651-894-6932 [email protected]

Government Benefits for Non-Citizens

3.

4.

5.

6.

7.

8.

1.

2.

Welfare reform Definitions: qualified and unqualified immigrants, “battered immigrants” Sponsor-deeming “SAVE” Reporting to Immigration Public charge considerations 5-year Bar Federal benefits: a. b.

SSI SNAP (food stamps)

9.

State and federal/state benefits a.

cash and food: TANF – families (i) (ii) (iii)

FSS DWP MFIP

(Family Stabilization Services) (Diversionary Work) (MN Family Investment Prog.) (iv)

WBP

(Work Participation Cash Benes.) b. cash: adults

GA

(General Assistance) c. cash: d.

MSA

(Minnesota Supplemental Assistance) emergencies:

EA

(Emergency Assistance), and

EGA

(Emergency GA) e.

f.

non-need-based: food

MFAP UI

(Unemployment Insurance) (MN Food Assistance Prog.)

g.

health care (i) (ii) (iii)

MA

(Medical Assistance)

EMA

(Emergency MA)

MinnesotaCare

10.

other benefits 11.

considerations for mixed-status households

12.

scenarios

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 required certain agencies to file reports with Immigration

Post-1996 federal law changes (all good!)

ILLEGAL IMMIGRATION REFORM & IMMIGRANT RESPONSIBILITY ACT OF 1996

 amended the definition of “Qualified Alien” to include a battered non-citizen.

BALANCED BUDGET ACT OF 1997

 added groups of non-citizens eligible for

SSI

based on disability; extended 5-year window of benefits for refugees & asylees to 7 years.

1998 AGRICULTURAL RESEARCH ACT

restored

food stamp

eligibility to certain groups of legal immigrants.

FARM BILL OF 2002

significantly broadened eligibility for

food stamps

for non-citizens beginning 2003.

SSI EXTENSION FOR ELDERLY AND DISABLED REFUGEES ACT OF 2008

allowed certain humanitarian immigrants an additional 2-3 years of

SSI

.

2. Definitions Definitions used to determine eligibility for

FEDERAL

benefits.

“QUALIFIED” NON-CITIZENS

  lawfully admitted for permanent residence under the Immigration & Nationality Act (INA) “refugees,” including Haitian, Cuban, and Amerasian immigrants       granted asylum granted parol conditional entrants (granted before 4/1/80) deportation withheld or removal cancelled granted T-Visa “battered immigrants”

“UNQUALIFIED” NON-CITIZENS

    have no documentation have expired documentation have applied for suspension of deportation or cancellation of removal   have applications pending for adjustment or asylum are lawful temporary residents under an amnesty program are non-immigrants (with temporary protected status; or student, visitor, or temporary worker visas)   have U-visas (for crime victims) have been granted Deferred Action for Childhood Arrivals (DACA)

“BATTERED IMMIGRANTS”

Immigrants who meet definition can qualify for

range

of federal and state-funded government benefits but must

wait 5 years

for

SNAP

,

SSI

or federally-funded

MA

: o Applicant must have been

battered or subjected to extreme cruelty

in U.S. by U.S. citizen or LPR parent, spouse, or relative who resided in same household as victim,

AND

o o applicant must

no longer live

with abuser,

AND

applicant’s need for benefits must be

“substantially connected”

to abuse,

AND

applicant must either:

• • be the spouse or child of a U.S. citizen

AND

have petitioned for adjustment of status under the Violence against Women Act (VAWA);

OR

be the spouse or child of a U.S. citizen

OR

LPR

AND

have petitioned for cancellation of removal under the Immigration and Nationality Act (INA).

3. Sponsor-deeming

attribution of income from sponsor to immigrant

can make certain immigrants

COMPLETELY INELIGIBLE

for almost all types of public assistance!

   1996 welfare reform law required sponsor deeming.

Deeming pursuant to 1996 law change began on

December 19, 1997

with creation of “Affidavit of Support” forms (form

I-864

).

Deeming applies

only

from family member).

to family-based immigrants (immigrants arriving through petition

Deeming does NOT apply to:

 refugees  asylees  parolees  diversity visa (visa lottery) recipients  Cuban/Haitian entrants  immigrants with Temporary Protected Status  lawfully[-residing immigrant children under 18 (for

SNAP

and

MA

only)  pregnant women (for

MA

only)

How deeming works

• • • • • Generally, 100% of income & assets of sponsor

AND

sponsor’s spouse are considered fully available to immigrant. (For

SNAP

, deeming is a little less harsh).

Sponsor’s family size & fixed debts are irrelevant.

Burden of proving sponsor has little income is on immigrant applying for public assistance.

Income and assets are deemed until: immigrant becomes U.S. citizen, works 10 years at Social Security-covered work; or dies;

OR

sponsor permanently leaves U.S. or dies.

Divorce from sponsor has no effect on deeming.

• • • Whether deeming will affect people other than sponsored immigrant will vary depending on type of assistance program.

In TANF (

MFIP

family cash program), and for

MinnesotaCare

, income is deemed to all members of “assistance unit.” In

MA

, income and assets are deemed only to immigrant, not to household members.

Exceptions to deeming

2 exceptions

allow immigrants subject to deeming to get benefits without regard to sponsors’ income and assets:

A. Indigence exception:

 Sponsor-deeming will

NOT

apply if welfare agency determines that, as a result of sponsor’s failure to support, immigrant is without

food

or

shelter

.

 Govt. can provide benefits for up to 12 months, with 12-month renewals available.

 Govt. can sue sponsor for benefits provided to immigrant. (Immigrant can sue sponsor, too).

B. Battered spouse/child exception

 Sponsor-deeming will

NOT

apply for 12 months if immigrant or child has been battered or subjected to extreme cruelty by spouse or parent, or by a relative of spouse or parent residing in same household. Full range of state-funded benefits is available.

   Immigrant cannot have participated in abuse of child.

Immigrant must show that battery or cruelty is substantially connected to need for benefits.

 After 12 months, exemption will end unless battery was perpetrated by sponsor

AND

has been recognized in a court order (such as an Order for Protection) or determination by Immigration.

Govt. can sue sponsor for benefits provided to immigrant. (Again, immigrant can also sue).

Benefits to which deeming applies

Deeming applies to:  cash programs:

SSI

,

MSA

,

GA

,

MFIP

,

EA

 food programs:

SNAP

for adults and for U.S. citizen children;

MFAP

 health care programs:

MA

,

MinnesotaCare

Deeming does

NOT

apply to: o

EMA

(Emergency Medical Assistance) o

MA

for pregnant women and children o

SNAP

for immigrant children

Special 3-year deeming for

MFIP

• • • • There is a special 3-year deeming provision in state law for

MFIP

only.

This deeming applies to immigrants who came to U.S. through means

other than

a relative petition (such as a diversity visa).

It does

not

apply to refugees or asylees.

Deeming under this program takes into account the sponsor’s family size and support obligations.

4.

“SAVE”

Systematic Alien Verification for Entitlements

o Inter-agency governmental information sharing program o Used to verify immigration status for public assistance and public housing o

NOT

used for reporting immigration status (or lack thereof) to Immigration

5. Reporting to Immigration

requirement stems from 1996 welfare reform law

WHO IS REQUIRED TO REPORT?

Only:

 agencies receiving “TANF” funds (in Minnesota, that means county agencies administering

MFIP

family cash benefits)  Social Security Administration  public housing agencies contracting with HUD

WHAT MUST BE REPORTED?

 names, addresses, and other “identifying information”

ON

 anyone the worker “knows” is unlawfully in the U.S.

Reporting in Minnesota

protocols require that agencies:  report to 

not MDHS

rather than to Immigration verify status if not relevant to benefit being sought 

stop inquiring

about status when applicants are unwilling/unable to verify  interpret “knowledge” very narrowly  comply strictly with data privacy laws

6. Public charge considerations

  Receiving/having dependents receive certain public benefits may affect

ability to adjust

to LPR status.

Benefits subject to public charge considerations are:  cash benefits:

MFIP

,

DWP

,

SSI

,

MSA

,

GA

 long-term medical care (nursing home care)   Benefits

not

considered include health care, WIC, public health services, housing and energy assistance, & other non-cash & special-purpose cash benefits

not intended for income maintenance

.

Receipt of

not SNAP

or state-funded food support should be a factor for public charge determinations.

7. “5-year bar”

 A 5-year

“bar”

prevents immigrants from receiving federal benefits during their first 5 years in “qualified” status.

 Benefits affected are

SSI

,

SNAP

, and federally-funded

MFIP

and

MA

.

 During the 5-year period, immigrants may receive

state-funded benefits

if they are eligible for them and such benefits are available.

BENEFITS!

8. Federal benefits:

a. Supplemental Security Income (SSI)

Social Security administers 2 types of disability benefits: 

SSI

, for

low-income

,

low-asset

individuals. Recipients must be too disabled to work or

age 65

or older.

SSDI

, for people too

disabled

to work who

meet earnings requirements

by having paid into system via FICA wage deductions.

To qualify for

SSI

, non citizen applicants must:

 be defined as

“qualified”

under federal law; non-citizens

AND

 meet certain

residency

requirements .

SSI residency issues:

A. immigrants here before welfare reform

non-citizens who were Lawful Permanent Residents (LPRs) in the U.S.

before August 22, 1996 :

 if on

SSI

on

8/22/96

, they can keep getting long as they remain elderly or disabled.

 if not on are:

SSI

on

8/26/96

, they can get

SSI

for as

SSI

now if they • •

“qualified”

non-citizens

disabled

.

AND

 They

cannot

get

SSI

based on

age

(over 65).

B.

Immigrants arriving after welfare reform

For non-citizens who came to the U.S.

after August 22, 1996

, or who adjusted status to LPR after that date:  

“unqualified”

non-citizens

cannot

get

SSI

.

Interestingly, most also

cannot

get

“qualified” SSI

.

non-citizens

There are 3 exceptions

.

Exceptions to ban on SSI for newer legal immigrants Immigrants arriving after August 22, 1996

1)

Those granted

refugee

,

asylee

, or

withholding

status can get

SSI

for

7 years

after grant of status.

Certain humanitarian immigrants got additional 2-3 years of

SSI

; extension law ended 9/30/11.

2) U.S. veterans

armed forces, & their spouses and minor children, can get

SSI

& active-duty members of U.S.

without time limits

.

Hmong soldiers who fought with the CIA in the Vietnam War

are not

considered “U.S. veterans.”

3)

Non-citizens who have

worked

at least 40 work quarters (10 years) can get

SSI without time limits

, but they are subject to the 5-year bar on benefits.

Note about “40 work quarters” exception:

o Only work where FICA taxes have been deducted from pay counts toward the 40-quarter requirement.

o Quarters can be attributed from

spouse to spouse

and from

parent to minor child

. Minor children can carry parents’ quarters with them into adulthood.

o Any quarters worked

after December 31, 1996

in which federal “need-based” benefits (

AFDC

,

MFIP

,

SNAP

,

SSI

,

MA

) were received by the household do

not count

as quarters.

Sponsor-deeming and Social Security

o o Because

SSI

is a need-based program, sponsor-deeming may preclude eligibility.

Because

SSDI

is

not

need based, sponsor-deeming does

not

apply .

b. SNAP

Except when sponsor-deeming applies, all “qualified” non-citizens are potentially eligible for

SNAP

.

Applicants may have to wait

5 years

to get

SNAP

benefits.

Non-citizens exempt from the 5 year bar for

SNAP (and therefore eligible immediately)

are:

refugees

,

asylees

, & those granted deportation

withholding

of  

U.S. veterans

&

active-duty

members of U.S. armed forces (& their spouses and unmarried dependents)

elderly

immigrants who were “lawfully residing” in U.S.

AND

age 65 or older

as of August 22, 1996

   legal immigrants

certified disabled

legal immigrants

under age 18 Hmong

by State or SSA & Highland Laotian immigrants

9. State (and federal/state) benefits

requirement for all state funded benefits: “steps”

toward citizenship   Most recipients of state-funded assistance (including state-funded

MFIP

and

GA

) must take

“steps”

toward obtaining citizenship.

Immigrants

don’t

have to take such steps if they:  have legally resided in U.S.

fewer than 4 years

;  are

age 70

or older;  are living in a

OR nursing home

, group home, or similar type of facility.

“Steps” toward citizenship

Recipients of state-funded assistance required to take

“steps”

toward citizenship can meet the requirements by: o o o o o taking citizenship, literacy, or ESL classes being on waiting list for such classes having application for citizenship on file being in process of applying for a waiver of certain test requirements having failed citizenship test at least twice or being unable to understand the rights and responsibilities of citizenship.

“Lawfully residing people”

Certain people here on a non-permanent basis who are not eligible for federal benefits may qualify for state-funded benefits (

GA

,

MFAP

, state-funded

MFIP

), including:  Lawful Temporary Residents  those with Temporary Protected Status (TPS)  applicants for asylum who have employment authorization  spouses or children of U.S. citizens with approved visa petition or pending application for adjustment to LPR.

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).

Crime Victims: U Visas

• • • • • •

Crime victims

who are recipients of

“U” Visas

are not eligible for federally-funded benefits; the

U Visa

is a “non-immigrant” visa.

U Visa

holders are not specifically eligible for state funded cash or food benefits, either.

They have been determined by the state to qualify

MinnesotaCare

.

According to state policy, they are potentially eligible for state-funded food benefits (

MFAP

).

State policy is silent regarding the holders of

U Visas’

eligibility for cash assistance (

GA

,

MFIP

).

U Visa

recipients should argue they qualify for state funded cash benefits as

“lawfully residing people.”

DACA recipients

o

Those granted

Deferred Action for Childhood Arrivals (DACA)

are

not

considered “lawfully residing” for

MA

purposes, according to HHS.

o

They

should

qualify for

MinnesotaCare

.

a.

cash & food: TANF

(ii) (i)

FSS DWP

– Family Support Services – Diversionary Work Program (iii)

MFIP

– Minnesota Family Investment Prog.

(iv)

WBP

– Work Participation Cash Benefits 

MFIP

,

DWP

,

FSS

(temporary assistance for needy families) programs that have replaced

AFDC

.

 They provide cash assistance to families with minor children. Cash grants for

MFIP

,

DWP

&

FSS

&

WBP

are very low: $437 are TANF for a household of 2, $532 for 3, $621 for 4, $697 for 5, etc.

 Adults without minor children are not eligible for

FSS

,

DWP

,

MFIP

or

WBP

.

Non-citizen eligibility for

FSS

,

DWP

,

MFIP

&

WBP      Most

legal

non-citizens permanently in the U.S. are eligible for

FSS

,

DWP

under federal law.

,

MFIP

or

WBP

if they meet the other criteria, whether “qualified” or “unqualified” Certain non-citizens can only get

state-funded FSS

,

DWP

,

MFIP

year bar).

or

WBP

. (Eligibility depends on date of arrival in U.S. and immigration category, due to 5 Since

1/1/08

, newly arrived immigrants (here < 1 year) are exempt from

DWP

.

Recipients of state-funded benefits must take

“steps”

toward citizenship.

Sponsor-deeming may preclude eligibility.

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 spoken language proficiency level is low enough, based on standardized testing.

o o

MFIP

recipients may fulfill only

half

of work participation requirements through attendance at ESL classes, unless they’re taking intensive functional work literacy.

MFIP

&

DWP

recipients may include ESL in their work plans for a total of only

24 months

(out of 60).

b. cash: General Assistance (

GA

)

GA

is 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 only $203 per month for an individual and $260 for a married couple.

Legal immigrants residing in the U.S. permanently (or with a pending application for adjustment) may get if they meet other eligibility criteria.

GA

 If under 70 and here at least 4 years, they must take steps toward citizenship.

Sponsor-deeming may preclude eligibility.

c. Cash: Minnesota Supplemental Assistance (MSA)

MSA

is a state supplement for recipients of

SSI

or people who would receive

SSI

but for  excess income.

MSA

serves to ameliorate the effects of high housing costs.

SSI

recipients living in “shared households” are usually ineligible for

MSA

.

 The average

MSA

supplement is $81.

 Non citizen recipients must take “steps” toward citizenship, and sponsor-deeming may preclude eligibility.

d.

cash:

EA

and

EGA

Emergency Assistance (

EA

) and Emergency GA (

EGA

) are designed to prevent destitution, providing cash grants to resolve crises.  Both

EA

and

EGA

are now funded through block grants from the State, so individual counties have a great deal of discretion in administering benefits.

 Legal, permanent residents are eligible for

EA

and

EGA

to the same extent (and subject to the same limitations) as U.S. citizens.

 Sponsor-deeming may preclude eligibility, but applicants may qualify for the indigence exception.

e. non-need-based cash: Unemployment

Unemployment Insurance ”UI”

• • •

UI

benefits can be paid if the worker was: lawfully admitted for permanent residence at the

time

of the employment; lawfully present for

purposes of

the employment;

OR

permanently residing in the U.S. under color of law at the

time

of the employment.

Work done

before

gaining legal status does

not count

toward earnings requirements.

UI

benefits are

not need-based

subject to sponsor-deeming.

and therefore are not

f. Food

MFAP

– Minnesota Food Assistance Program  Legal, permanent non-citizens not on

MFIP

been here

fewer than 5 years

who have (& therefore may be subject to the bar on

SNAP

) may qualify for food benefits through

MFAP

.

MFAP

benefits are available only to those and older.

age 50

 The

MFAP

regulations.

program follows federal

SNAP

MFAP

recipients may be subject to sponsor deeming.

(i)

g. health care

Medical Assistance (MA)

In general,   

MA

is available to immigrants who: are low-income and low-asset; are considered “qualified” under federal law;

AND

meet the

categorical

requirements, meaning they are: • • • • • •

pregnant

; living with

minor children under 21

; or in an

MFIP

household;

65

or older;

certified disabled

by State or SSA;

OR

over 21, without kids, and living at or below

75% FPG

.

 Sponsor-deeming may preclude eligibility.

In 2011, the Minnesota legislature

eliminated state-funded MA

statutorily, effective

1/1/12

, for non-citizens

lawfully

residing in the U.S. who were not eligible for federally-funded assistance. Implementation of the change was delayed until

3/1/12

.

No longer eligible for state-funded

MA

, since

3/1/12

, are: o people considered federal law; and

“otherwise lawfully residing”

who do not meet the definition of “qualified” under o lawful permanent residents subject to the eligible during the 5-year waiting period.

5-year bar

on receipt of federal benefits. This group is no longer (All in this group should qualify for

MinnesotaCar

e ).

NOTE:

Pregnant women and children in these categories

remain eligible

for

MA

.

MA exception for torture survivors

  Those otherwise ineligible for

MA

can get coverage if they are receiving “care and rehabilitation” services from a non-profit center established to serve victims of torture.

Those receiving such services do

NOT

have to meet

MA

guidelines in terms of: o o o categorical eligibility; income and asset restrictions;

OR

immigration requirements.

(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, who have lapsed documentation, or who otherwise would be ineligible due to sponsor-deeming.

EMA

does

NOT

procedures.” cover organ transplants or “related

EMA

is available only to those categorically eligible for

MA

(i.e., living in a household with minor children, pregnant, elderly, certified disabled, under 21,

or

21 or older

and

living at or below 75% FPG).

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 o o Placement of the patient’s health in serious jeopardy; Serious impairment to bodily functions;

OR

Serious dysfunction of any bodily organ or part.

EMA is no longer available for chronic conditions, effective 1/8/12 :

o The 2011 Minnesota legislature

eliminated

those with

chronic conditions

.

EMA

eligibility for o Exceptions were made by DHS for those who would have

respiratory or cardiac failure within 48 hours

but for treatment.

o The 2012 legislature added provisions allowing

EMA

for kidney dialysis for and treatment (including chemotherapy and radiation)

cancer

.

o The new law limits

EMA

to care delivered

in hospital emergency rooms

following ER care; and as follow-up care directly related to the ER treatment.

or ambulances; on an in-patient basis

Medical coverage for pregnant women

Pregnant women qualify without regard to immigration status or sponsor income for:  labor & delivery

AND

 pre- & post-natal care for 60 days after birth

(iii) MinnesotaCare

MinnesotaCare

is a need-based program with higher income allowances than

MA

. 

MinnesotaCare

is available to those ineligible for

MA

due to categorical or income restrictions.

MinnesotaCare

is available to those who meet income guidelines

AND

:   are “qualified” non-citizens

OR

Effective

3/1/12

, meet the definition of “lawfully present” under federal regulations.

 Sponsor-deeming may preclude eligibility.

10. Other benefits

Some benefits are available without regard to immigration status, including: • • • • • • • WIC (Women, Infants & Children) benefits school breakfast & lunch benefits benefits through Head Start K-12 free public education public health immunizations & testing soup kitchens, short-term shelter, etc.

child care assistance for U.S. citizen children

11. Considerations for mixed-status households

To avoid getting reported to Immigration, those without proper documentation should be advised to:  Tell agency they are not eligible for benefits for themselves due to immigration status.

 Tell agency they are applying only for eligible household member.

  Not provide details about their status to agency.

Not provide Social Security number (unless necessary for income verification).

  Verify earned income, from whatever source.

Verify pregnancy if seeking health coverage.

SCENARIOS

A. Battered immigrants: Natasha

o o o o o

Natasha

is 36 and came to the US without papers. She left her U.S. citizen husband after he assaulted her with a baseball bat, causing

traumatic brain injury

.

A friend is letting

Natasha

stocked it with food.

stay in her condo and has

Natasha

filed a

VAWA

petition and received a notice she’d made a prima facie case for

VAWA

relief.

Natasha’s

main concern is medical coverage. Her cognitive functioning is significantly impaired due to her injury, and she needs some home health care in order to remain in the community.

MA

covers home health services;

MinnesotaCare

does not.

A. Natasha quiz

Natasha

: 1.

is

not currently eligible

for any health care because she is undocumented.

2.

is eligible

only for MinnesotaCare

and, therefore, cannot get home care.

3.

is eligible

for

MA

benefits because she is now a “qualified” non-citizen under federal law.

4.

will not be eligible for any benefits

until

received final approval of her

VAWA

she has petition; at that point, she will qualify for

MA

.

B. Sponsor-Deeming: Ralph & Mai Lia

o

Mai Lia

moved to US with minor daughter,

Bee

ago, via relative petition signed by

Mai Lia’s

(now 8), 6 years mom. Mom lives in California with stepdad, who earns $200,000 a year.

o 11 months ago,

Mai Lia MFIP

married U.S. citizen

Ralph

, a widower & recipient with 6 kids.

Mai Lia’s

mom & stepdad stopped talking to her after the marriage.

Ralph

added his new wife to

MFIP

grant, then added couple’s new baby,

Jethro

, 2 months ago (he only gets the food portion). o County just notified

Lia’s Ralph

household is ineligible for it made a mistake by not counting

Mai

deemed income. County has determined that whole

MFIP

. County has terminated household’s benefits and has assessed it a huge overpayment.

o County says: 

Ralph

and all 8 kids remain eligible for

MA

.

 

Bee

can get

SNAP

.

No one else is eligible for anything.

1.

B.

Ralph & Mai Lia quiz.

The County:

Is

wrong

re: overpayment; County can’t make

Ralph

repay, since County was responsible for mistake.

2.

Is

wrong

to close cash and food benefits for

Ralph

& older kids, since all are U.S. citizens; sponsor income can’t affect them, especially when sponsor is a stranger.

3.

Is

wrong

not to give

Jethro

cash &

wrong

to end his food benefits, since he was born in U.S.

date of sponsorship (

Mai Lia’s

responsible for after-born children).

after

effective mom can’t be financially 4.

Is

wrong

to find assistance?

Bee

eligible for

SNAP

. How could only child not a citizen be only one eligible for food 5.

Is right, darn it!

C. Reporting and Public Charge: Tamara & Mustafa

o

Tamara

is U.S. citizen who is married to

Mustafa

.

Mustafa’s

student visa has expired; he hopes to adjust to LPR status sometime.

o

Tamara UI

. is unemployed.

Mustafa Mustafa

works part-time using SSN he obtained on black market. Neither is eligible for isn’t earning enough to make ends meet.

o The couple has 2 minor children born in U.S. The household needs food, medical and cash.

Tamara

worried that applying for benefits will: is  cause County to report

Mustafa’s

Immigration; lapsed status to  get

Mustafa

in legal trouble because he’s using false SSN; and  harm

Mustafa’s

chances of adjusting to LPR status.

C. Tamara & Mustafa quiz Tamara should:

1.

apply only for medical and food benefits, reporting

Mustafa’s

wages to County as part of application process.

2.

Apply only for medical and food benefits, but not report

Mustafa’s

wages to County as part of application process.

3.

Not apply for any benefits. If she applies, County will have to report

Mustafa

to Immigration, and he could face removal (deportation).

4.

Apply for all benefits. She has nothing to fear; she’s merely being a worry-wart.

D. SSI: Tang

o

Tang

is 52, from Laos. She came to U.S. as refugee a little over 7 years ago.

o

Tang

doesn’t speak English. She suffered trauma in her youth and can’t work. She likes to keep to herself. She started getting

SSI

a couple of years ago due to her PTSD. She also got a state

MSA

grant.

o Because she had over $700 in monthly income, could afford for her own apartment.

Tang

o Recently,

Tang’s SSI

is not a U.S. citizen.

and

Tang MSA

terminated because she applied for

GA

o

Tang

wants her

SSI

benefits back.

D. Tang quiz Tang

should : 1.

ask Social Security to reinstate her Hmong refugee, she is not subject to the 7-year limitation.

SSI

benefits; as a 2.

file a new application for

SSI

7 years of benefits yet.

since she hasn’t used her 3.

apply for subsidized housing, sign up for citizenship classes, file a citizenship application, and ask her doctor to complete a medical waiver form for it.

4.

5.

appeal the County’s termination of her

MSA

benefits.

move to Nebraska, as she’ll automatically get

SSI

there.