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.