Education for Justice FACT SHEET I-2 Fall 2009

PUBLIC BENEFITS FOR NON-CITIZENS

Public benefits for non-citizens are complicated. They involve both immigration and public benefits law. These laws have changed a lot in the last 12 years. To learn about your situation, talk to a lawyer who knows both immigration and public benefits law. Public benefits come from the government to help you or your family with living expenses like food, clothes, housing or medical care. Different programs pay for different items. Each program has rules about who can get the benefits. There are rules about whether people who are not citizens can get benefits. To know whether you can get a benefit, you have to know your immigration status. Check your immigration papers. Remember that the INS has changed its name to USCIS (U.S. Citizenship and Immigration Services).

First we will talk about what programs you can apply for. Getting public benefits can make it harder to get a residency card for some, but not all immigrants. Be sure to check for 3 things as you read this fact sheet:

s What public benefits you can get

s Whether getting the benefit will make it harder for you to become a permanent resident

s Whether getting the benefit will make it harder for you to be a sponsor to bring family members to the U.S.

· PEOPLE FLEEING PERSECUTION

People fleeing persecution came to the U.S. to escape danger or extreme hardship in their home country. Not everyone can get this status from the USCIS. Getting the status depends on what country you came from. Check your immigration papers. If you are in one of the following categories, you may get some benefits from the U.S. government:

· Refugee.

· Asylee.

· USCIS put a hold on deporting you because of danger in your home country.

· Cuban or Haitian entrants. This does not mean every person from Cuba and Haiti. You are a Cuban or Haitian entrant if you were “paroled” into the U.S. as a “Cuban or Haitian entrant”; you have applied for asylum; or the USCIS has started exclusion or removal actions for you.

· Amerasians. You are “Amerasian” if you were fathered by a U.S. citizen in certain Southeast Asian countries during the Vietnam War years.

People in the above categories are called “qualified immigrants.” They may be able to get SSI, MFIP, GA, food benefits, and MA (Medical Assistance). If you are not a “person fleeing persecution” go to page 3. See below to find out what each program offers people fleeing persecution. There are special rules for each program.

5 SSI (Supplemental Security Income)

This program pays $674 every month if you are elderly or you are disabled and cannot work. The amount can be less if the people you live with help you pay for housing or food or if you are married and your spouse works or gets SSI. Some disabled children can get SSI. You apply for SSI at a Social Security office. To find one near you, call 1-800-772-1213. SSI has special rules for people who are not U.S. citizens:

· If you were getting SSI before August 22, 1996, you can keep getting SSI without time limits.

· If you were in the U.S. legally on a permanent basis before August 22, 1996, but you were not getting SSI before that date, you can get SSI without time limits only if you are now disabled. You can no longer get SSI based on your age.

· If you came to the U.S. after August 22, 1996, you can get SSI only for 7 years after the date you got your status from the USCIS. When 7 years is up, SSI will not pay anymore, until you become a citizen. But you may qualify for a 2 or 3 year extension. Check with your local legal aid office to see if you can get an SSI extension.

5 MFIP (Minnesota Family Investment Program)

This program helps families with children. The amount of money you can get each month depends on the size of your family. Most legal immigrants can get MFIP for 60 months (5 years). Parents who get MFIP usually have to look for work. You have to meet with MFIP job counselors to find out what kind of work you can do to get off MFIP. Sometimes you can get training instead of looking for work. Taking English classes can count as work training in this program, but Minnesota limits how much ESL (English as a Second Language) you can take while on MFIP. MFIP families also get MA (Medical Assistance) to pay for doctors and hospitals for their children. Many parents can get MA also. Ask your worker. You can also get food benefits to help you buy food.

5 GA (General Assistance)

GA is mostly for single or married people who do not have an income. Usually you have to be a lawful permanent resident of the U.S. to get GA. However, you may be able to get GA if you are applying for permanent status. GA only pays $203 a month. If you get GA, you may be able to get food benefits. You can also get GAMC (General Assistance Medical Care) to pay for doctors and hospitals until March 2010. GAMC is a health care program for people who cannot get MA (Medical Assistance). If you are disabled, you may be able to get MA. Ask your worker. GA has special rules for people who are not citizens. If you are under 70 years old and have been in the U.S. for at least 4 years, you have to take “steps” toward citizenship. You don’t have to take “steps” if you live in a nursing home or group home. Steps include:

s Being in a class to learn citizenship, literacy, or ESL or being on a waiting list for such a class.

s Applying for citizenship and waiting to take the test or for the citizenship ceremony, OR

s Having been denied citizenship because you failed the test 2 times or because you could not understand the rights and duties of being a citizen.

5 Food

People fleeing persecution may be able to get food benefits. If you are not eligible for food stamps and you are over 50, you may get state food benefits worth the same amount as food stamps. You will have to take “steps” toward citizenship.

· IF YOU ARE NOT A “PERSON FLEEING PERSECUTION”

If you are not a “person fleeing persecution,” you may still be a “qualified immigrant.” You may be able to get the benefits listed above if you are:

• A legal permanent resident (have a residency card)
• “Paroled” by USCIS for at least 1 year
• A person who is being hurt or threatened by a spouse or parent, if the spouse or parent is a U.S. citizen or lawful permanent resident.

The rules for Food Benefits and SSI are more limited than other programs. To get Food Stamps, you may have to wait 5 years. But your children will not have to wait. If you are a “qualified immigrant” not fleeing persecution, you may not get SSI. It will depend on when you came to the U.S. and what your immigration status is. In most cases, to get SSI, you must be blind or disabled and have come to the U.S. before August 22, 1996.

If you have questions about getting help from these programs, call your legal aid office.

· IF YOU HAD A SPONSOR WHEN YOU CAME TO THE U.S.

Many people come to the U.S. by having a relative sponsor in the U.S. A relative sponsor is a family member who is a citizen or has a residency card (legal permanent resident). The sponsor agrees to be responsible for you in the U.S. Sponsors must promise the USCIS that if you become poor, they will support you. If you came to the U.S. after mid-December 1997 through a relative sponsor, the government can count your sponsor’s income and assets as if they were yours. Since all public benefits programs have income and asset limits, this could keep you from getting public benefits. Your sponsor’s income and assets may count even if you lose contact with your sponsor. Counting your sponsor’s income and assets may put you over the limit for benefits. You may still be able to get emergency medical help. Your children may still be able to get Food Stamps.

The government may not apply your sponsor’s income and assets to you if you are in danger of going hungry or becoming homeless. The government also won’t apply your sponsor’s income and assets if you or your child are being hurt or treated with extreme cruelty by your sponsor.

If you came through the visa lottery (“diversity” visa) or some other way after December 18, 1997, the government cannot count your sponsor’s income and assets for any program except MFIP. Then the income and assets will count only for a short time. Check with your legal aid office if you have questions about whether your sponsor’s income and assets should count as income and assets to you.

· IF YOU ARE A U.S. VETERAN OR ACTIVE DUTY MEMBER OF THE U.S.

ARMED FORCES

You can get SSI without any time limit if you are disabled or 65 or older. You may also be able to get MFIP, health care and food benefits. You may be able to get GA, but you may need to take “steps” towards citizenship (see above). Your spouse and your unmarried, dependent children are eligible for the same programs. Unfortunately, Hmong and Lao army veterans are not considered U.S. veterans.

· NON-IMMIGRANTS AND PEOPLE WITHOUT IMMIGRATION PAPERS

(UNDOCUMENTED)

Non-immigrants are people who are here legally but temporarily – for example, as visitors, students, or temporary workers. People without immigration papers (undocumented) are people who never had or no longer have USCIS permission to be in the U.S. If you are in one of these categories you cannot get any public benefits, except for:

· You may get free medical help for emergencies, if you are elderly, disabled, (you must be certified disabled by the state or social security), under 18, or pregnant, and you intend to stay in the U.S. permanently. If you are a pregnant woman, you can get free medical help for your whole pregnancy, and for 60 days after your child is born. When you apply, you should tell the county agency you cannot get regular MA because of your immigration status. Do not answer any questions about your immigration status.

· You may also be able to get medical help through the Center for Victims of Torture, 612-436-4800.

· If you are in the process of adjusting your immigration status, you may be able to get state-funded cash or medical benefits.

· You can also get:

- free school breakfast and lunch benefits,

- Women, Infants and Children (WIC) benefits,

- immunizations from public health, and

- benefits through Head Start.

· HOUSEHOLDS WITH AN UNDOCUMENTED MEMBER

A household is a group of people who live together in the same house or apartment. They do not all have to be family members. People are “undocumented” if they never had permission from the USCIS to be in the U.S. or if their permission has run out. Many households have some members who are citizens or here with documents, and some members who are undocumented. Here are some examples:

• An undocumented parent may have citizen children who were born in the U.S. Those children can get MFIP, food stamps, and medical benefits, but the parent has to apply for them. If you are undocumented you can apply for benefits for your children. Do not answer any questions about your immigration status. Just say “I am only applying for my children. I am not eligible because of my immigration status.”

• If you have a residency card (legal permanent residency), you may apply for benefits while living with a friend, relative, or spouse who is undocumented.

If some members of your household are undocumented and others are here with documents, you live in a “mixed” household. If you are in a “mixed” household, talk to a lawyer before you apply for benefits.

HOW GETTING BENEFITS CAN AFFECT IMMIGRATION STATUS

· GETTING A RESIDENCY CARD

If you or someone in your household might apply for a residency card (legal permanent residence) sometime in the next 3 years, talk to a lawyer before you apply for benefits. The USCIS can deny a residency card to you if it thinks you are likely to be a “public charge.” A public charge is someone who relies on long-term cash public benefits such as SSI, MFIP or GA. USCIS may also consider you a public charge if you get long-term nursing home care. If your household has used public benefits in the last 3 years, USCIS may decide you are likely to be a public charge. Talk to a lawyer.

The public charge rule does not apply to refugees or asylees. It also does not apply to benefits you get that are not cash, such as:

· MA (Medical Assistance)

· Energy assistance

· WIC (Women, Infants and Children)

· medical care for pregnant women

· Housing assistance

· child care

· Food Stamps

· BEING A SPONSOR TO BRING FAMILY TO THE U.S.

If you want to become a sponsor for someone else in the next few years, you may not want to apply for public benefits. The USCIS could decide that you cannot take financial responsibility for a new immigrant if you were on public benefits yourself.

When you apply for benefits you have the right to an interpreter if you need one. Government agencies that give out benefits must provide a free interpreter to people with limited English. They cannot make you bring your own interpreter. You can bring someone to help you if you want to. See our fact sheet, Your Right to an Interpreter.

Southern Minnesota Regional Legal Services (SMRLS) helped with this Fact Sheet.

Minneapolis Legal Aid – CLE MN Legal Services Coalition 2324 University Avenue W- Suite 101B St. Paul, MN 55114

Do not use this fact sheet if it is more than 1 year old. Write us for updates, a fact sheet list, or alternate formats. Fact Sheets aren’t a complete answer to a legal problem. See a lawyer for advice.