Government Benefits for Non

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Transcript Government Benefits for Non

Government Benefits for Non-Citizens April 2015

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

Government Benefits for Non-Citizens

Welfare reform

Definitions:

a.

b.

c.

qualified non-citizen unqualified non-citizen battered immigrant

Sponsor-deeming

“SAVE” Reporting to USCIS Public charge considerations 5-year bar Federal cash & food benefits: a.

SSI

SNAP (food stamps)

State & federal/state cash & food benefits a.

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

FSS

(Family Stabilization Services)

DWP

(Diversionary Work)

MFIP

(MN Family Investment Program) b. cash:

(General Assistance) c. cash:

MSA

(Minnesota Supplemental Aid) d.

emergency cash:

(Emergency Assistance), and

EGA

(Emergency

) non-need-based cash: Insurance)

(Unemployment food

MFAP

(MN Food Assistance Program)

health care

(i)

(ii)

(Medical Assistance)

EMA

(Emergency MA)

12.

scenarios (iii)

MinnesotaCare 10.

other benefits

11.

considerations for mixed-status households

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

& Aliens” provision)

food stamp

eligibility for many non citizens (“Restricting Welfare and Public Benefits for  required certain agencies to file reports with INS (now USCIS)

Post-1996 federal law changes

(all helpful)

IIRIRA - I LLEGAL R ESPONSIBILITY I MMIGRATION A CT OF 1996 R EFORM & I MMIGRANT

  amended definition of

“Qualified Alien” battered non-citizen

to include (

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

years SSI

(from

) window for refugees, asylees to

  treated

Amerasian

immigrants as refugees; broadened “qualified” definition to include certain

Indians born in Canada

; &  added

surviving spouses

to US veteran exception.

1998 A

GRICULTURAL

R

ESEARCH

A

restored

food stamp

immigrants (those eligibility to some groups of

≥ 65

< 18

Hmong/Laotian

, or certified

disabled

); also extended

food stamp

window for refugees, asylees to

7 years

(from

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

R

EFUGEES

A

CT OF

E

LDERLY AND

2008 D

ISABLED

allowed certain humanitarian immigrants additional 2 3 years of

SSI

past their “window.”

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 ”

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

c. “BATTERED IMMIGRANT”

can qualify for

range

of federal & state-funded benefits but must

wait 5 years

for

SNAP

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

applicant must either: •

be spouse or child of U.S. citizen

AND

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

•

be spouse or child of U.S. citizen

LPR

AND

petitioned for cancellation of removal under INA .

have

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).

      

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

only) pregnant women (

)

MinnesotaCare

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;

sponsor dies.

 Divorce from sponsor has no effect on deeming.

o Whether deeming affects people other than sponsored immigrant varies by type of assistance program.

o For most programs (including

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.”

2 exceptions to deeming:

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).

b.

Battered spouse/child exception

 Deeming will

NOT battered

apply if the immigrant or child is or

subjected to extreme cruelty

by a spouse or parent,

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.)

USCIS determination.

 The government can sue for reimbursement; the immigrant can sue for non-support.

Deeming applies to:    cash programs:

SSI

MSA

MFIP

food programs:

SNAP

for adults;

MFAP

health care programs:

Deeming does

NOT

apply to: o o o o o o o

EMA

(Emergency Medical Assistance)

for pregnant women & children

MinnesotaCare SNAP

for children

Basic Sliding Fee

child care

SSDI UI

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

asylees.

 It takes into account the sponsor’s family size & support obligations.

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

. 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

WHAT MUST BE REPORTED?

 names, addresses, & other “identifying information”

ON

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

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

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

 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.

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

, &

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).

BENEFITS!

8. Federal

cash & food

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

≥ 65



SSDI

, for people too

disabled earnings requirements

to work who

meet

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.

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 .

SSI residency issues: A. Immigrants lawfully residing in U.S. before welfare reform ( 8/22/96 )

 if

on SSI

8/22/96

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

SSI

 if

not on SSI

they’re: on

8/26/96

, they can get

SSI now

• •

“qualified” AND disabled

 They

cannot

get

SSI

based on

age

(being

≥ 65

B. Immigrants arriving after welfare reform

(coming to U.S.

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.

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).

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.”

workers (or those credited with ≥ 40 work quarters):

eligible without time limits

, but

5-year bar

applies.

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

) do

not

count.

Sponsor-deeming & Social Security

o Because

SSI

is need-based, sponsor deeming may preclude eligibility.

o Because

SSDI

not

need-based, sponsor-deeming does

not

apply .

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).

Categories of non-citizens who

don’t

have to wait 5 years to get

SNAP

:



refugees

asylees

, & those granted deportation

withholding

of 

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

State (& Federal/State) cash & food benefits “steps”

toward citizenship

 Most recipients of State-funded assistance (including State-funded

MFIP

“steps” DWP

, &

MSA

toward obtaining citizenship.

) must take  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.

“Steps” toward citizenship “steps”

= o taking citizenship, literacy,

ESL class o being on a wait list for ESL

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

being unable to understand the rights & responsibilities of citizenship.

“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

Victims of Trafficking: T-Visas

o Victims of trafficking who have

“T” Visas

are eligible for

both federal benefits AND state -funded

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

• • • • The

“U” Visa

is a

“non-immigrant

” visa. No eligibility for Federal benefits: Recipients are eligible for

Federally-funded

benefits.

not

No State cash unless LPR:

U-Visa

eligible for

State-funded cash

holders are benefits (

MFIP

not DWP

FSS

) unless they have LPR status.

Eligibility for

MNCare

MinnesotaCare

U-Visa

holders

are

eligible for Eligibility for

MFAP

U-Visa

State-funded food benefits ( holders

are

eligible for

MFAP

categorically eligible (i.e., ≥ 50).

)

they are

DACA

recipients

o No

: Those granted

Deferred Action for Childhood Arrivals (DACA)

are

not

“lawfully residing” for purposes of

considered (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.

a. cash & food: family cash benefits

(i)

FSS

(ii)

DWP

– Family Support Services – 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 increased since 1986.

for 5, etc. Grants have not

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.

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

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

how long they may continue taking

ESL

b. cash: General Assistance (

)



= a State-funded program for low-income, low-asset individuals not living with minor children.



is also for minor children whose adult caregivers don’t qualify for

MFIP

due to relationship status.



pays

$203

per month cash for a single adult,

$250

for a minor child, &

$260

for a married couple (no increases since 1986).

 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.

c. cash: Minnesota Supplemental Aid (MSA)



MSA

= a State supplement for recipients of who would receive

SSI SSI

(or those 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.

cash:

&

EGA

Emergency Assistance (

) & Emergency GA (

EGA

) are designed to prevent destitution by providing one-time cash grants to resolve crises.  Both

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

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.

e. non-need-based cash: Unemployment Insurance (

)

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

time

of employment; lawfully present for

purposes

of employment;

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.

benefits are

not need-based

; therefore, they not subject to sponsor-deeming.

MFAP f. Food

– 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

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.

(i)

g. health care 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.

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.

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

(funded by

CHIP

, Children’s Health Insurance Program ).  The

5-year bar

children.

does not apply to pregnant women &

Special eligibility for torture survivors

Those receiving “care and rehabilitation” services from the Center for Victims of Torture (CVT) qualify for special State-funded

& do

NOT

have to meet

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

immigration requirements.

There is a special “safety net” rule allowing

for some non-citizens who are subject to sponsor deeming 

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

(because

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

through a special

“safety net”

policy.

(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

due to sponsor-deeming.



EMA

has

never

procedures.” covered organ transplants or “related

EMA

is available only to those who are categorically eligible for

(i.e., living in a household with minor children, pregnant, ≥ 65, certified disabled, < 21, or without dependents, and ≥ 21, living ≤ 133% 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 Placement of the patient’s

health

in serious jeopardy; o Serious impairment to

bodily functions

;

o Serious dysfunction of any bodily

organ

or part.

For the past 3 years,

EMA

has not covered

chronic conditions

:

o The MN legislature

eliminated

with

chronic conditions

EMA

eligibility for those o

Exceptions

have been made for those who would have

respiratory or cardiac failure within 48 hours but for

treatment.

EMA

is also available for treatment.

kidney dialysis

cancer

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.

Medical coverage for pregnant women

Pregnant women qualify without regard to immigration status

sponsor income for:  labor & delivery ( funded by

EMA

)

AND

 prenatal & post-partum care, for 60 days after birth ( funded by

CHIP

(iii) MinnesotaCare (MNCare)



MNCare

is a need-based program with higher income allowances than

. 

MNCare

is available to those ineligible for

categorical

because of income restrictions,

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”

regulations,

 are

non-immigrants

under federal 

U-Visa

recipients should qualify, but

DACA

grantees won’t.

 Sponsor-deeming does

not

apply.

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) .

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

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.

SCENARIOS

A. Battered immigrants:

Natasha

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.

Natasha

filed a

VAWA

petition & received notice last month that she’s 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, & she needs home health care to remain out of the nursing home.

covers home health care;

MNCare

doesn’t.

Natasha

cash aid.

has no work history. She can’t work & would like

A.

Natasha

quiz

Natasha: 1.

is not currently eligible

for any cash or health care because she is undocumented.

is eligible

for

MNCare

only.

is eligible

for

SSI

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

B. Sponsor-Deeming: Ralph & Mai Lia

Mai Lia

came to U.S. with her minor child,

Bee

relative petition. Sponsor was

Mai Lia’s

(now 8), 6 years ago, via 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

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

counting

Mai Lia’s

over a month ago that it erred by not deemed income from her stepdad. County said the whole household was ineligible for

MFIP

benefits have been terminated, & the household has been assessed a huge overpayment.

Ralph

Mai Lia

were just served with an eviction notice.

THE COUNTY SAYS:

 

Ralph

& all 8 kids remain eligible for

All of the kids can get

SNAP

 No one else is eligible for anything.

B.

Ralph

& Mai Lia quiz

Mai Lia should: Appeal

the

MFIP

termination & notice of overpayment because 8 out of 10 household members are U.S. citizens and should remain eligible.

Appeal

the

MFIP

termination & notice of overpayment because : ►

Jethro

, a U.S. citizen, was born

after Lia’s

mom signed the I-864;

AND

the date

Mai

► Stepdad, whose income is being deemed, wasn’t even married to

Mai Lia’s

mom at the time the mom signed the I-864.

Reapply

for

MFIP

SNAP citizenship application

& start working on her

C. Reporting and Public Charge: Tamara & Mustafa

o o o 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.

Mustafa

works part-time (not enough) using a SSN he obtained through the underground market. Neither spouse qualifies for

The couple have 2 minor children born in U.S. The household is in need of food, medical & cash assistance.

Tamara

worries that applying for benefits will:  impel the County to report

Mustafa’s

Immigration; lapsed status to  get

Mustafa

in legal trouble for using a false SSN; &  detrimentally affect

Mustafa’s

chances of adjusting.

C. Tamara & Mustafa quiz

Tamara should:

apply only for medical & food benefits & report

Mustafa’s

wages to the County as part of the application process.

Apply only for medical & food benefits, but not report

Mustafa’s

wages to the County as part of the application process.

Not apply for any benefits.

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

SSI: Tang

Tang

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

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

County says Tang can’t get

applied for

but doesn’t know how she’ll pay her rent on $203 per month. The until she signs up for ESL, literacy, or citizenship classes.

Tang

wants her

SSI

benefits back.

Tang

quiz

Tang should:

ask Social Security to reinstate her

SSI

benefits; as a Hmong refugee, she is not subject to the 7-year limitation.

file a new application for

SSI

since she hasn’t used up her 7 years of benefits yet.

apply for subsidized housing , file an application for citizenship, sign up for citizenship classes, and seek a medical waiver of the test requirements.

appeal the County’s termination of her

MSA

benefits, as

MSA

is state-funded program & has no 7-year limit.

move to North Dakota , as she’ll automatically get

SSI

there.