Definitions: Categories Immigrants: Intro USC= United States Citizen - PDF document

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