Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
356 Barbara Weiner curtailed the eligibility of immigrants for public benefits. A new benefits-related immigrant eligibility category was created, that of “qualified alien” (“qualified immigrant”). This is not itself an immigration status but rather encompasses a list of immigration statuses. A noncitizen must be in one of these statuses to be considered eligible for public benefits. Included in the qualified immigrant category are: lawful permanent residents (LPR or “green card” holders); humanitarian-based immigrants (refugees, asylees, Amerasians, Cuban/Hatian entrants, and persons granted withholding of deportation); public interest parolees who have been granted entry to the US for a period of at least a year; and an immigrant spouse or child of a US citizen or lawful permanent resident who has been battered or subjected to extreme cruelty and who has filed or is the beneficiary of a family-based immigration petition that is pending or has been approved. 2 In order to be eligible for means-tested federal benefits, PRWORA required that qualified immigrants meet additional requirements. What those requirements are depends in part upon the particular program and which immigration status the person holds. The federal means-tested benefit programs include four major assistance programs: the Supplemental Security Income (SSI) program, the federal income assistance program for indigent elderly and disabled persons; Temporary Assistance to Families (TANF), the federal cash assistance program for families with children; the Food Stamp Program, nutritional assistance for households with net income at or below the federal poverty level; and the Medicaid and Child Health Plus program, the federal and state cooperatively funded program to provide medical assistance to low income persons. A general rule in all these programs is that qualified immigrants (with the exception of humanitarian-based immigrants) who arrive in the US after August of 1996 must reside in the US in a qualified status for five years before they will be considered eligible for a federal means-tested benefit program (known as the
Helping Immigrant Victims Access Federal and State Public Benefits 357 five year bar). 3 In addition, since December of 1997, relatives who sponsor immigrants to come to the US must file legally enforceable affidavits of support. These affidavits advise the sponsors that they may be required to reimburse a state or local social services agency for the benefits provided by the agency to the sponsored immigrant. The period of sponsor liability runs from the time the immigrant is granted permanent residence status until he or she becomes a citizen or can be credited with a substantial work record under the Social Security Act (40 qualifying quarters). 4 Restrictions on the access of elderly or disabled immigrants to the SSI program are particularly severe. SSI benefits are virtually unavailable to immigrants who arrive in the United States after August of 1996 unless they become citizens or can be credited with 40 qualifying work quarters. 5 One exception is the humanitarian-based immigrant category. 6 However, even these immigrants are only eligible for SSI within the first seven years. To continue to receive SSI after the first seven years, they must have naturalized or accumulated a significant work history. For other federal means-tested programs — food stamps, cash assistance, and medical assistance — those in a qualified immigrant status who entered the country after August of 1996 must generally wait five years before becoming eligible for benefits. Immigrants in the humanitarian-based categories are exempt from the five year bar. In addition, qualified immigrants who are under eighteen years old or who are disabled are exempt from the five year bar in the food stamp program. In New York State, with the exception of the federal food stamp program for which there is no longer a state replacement program, the five year bar in the federal means-tested programs has minimal effect because there is no such bar in the state-funded welfare assistance program, the Safety Net program, and the state-funded Medicaid program. 7 The “Battered Qualified Immigrant” Eligibility Category PRWORA created a special immigrant-eligibility category for spouses and children of US citizens and lawful permanent residents who have been “battered or subjected to extreme cruelty.” Unlike most other immigrants, they are not required to attain permanent resident status before becoming eligible for benefits. Instead, they are eligible for benefits as soon as they are in the process of obtaining permanent status on their own behalf. The ability of immigrant victims
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Helping Immigrant Victims Access Federal and State Public Benefits 357<br />
five year bar). 3 In addition, since December of 1997, relatives who sponsor<br />
immigrants to come to the US must file legally enforceable affidavits of<br />
support. These affidavits advise the sponsors that they may be required to<br />
reimburse a state or local social services agency for the benefits provided by the<br />
agency to the sponsored immigrant. The period of sponsor liability runs from<br />
the time the immigrant is granted permanent residence status until he or she<br />
becomes a citizen or can be credited with a substantial work record under the<br />
Social Security Act (40 qualifying quarters). 4<br />
Restrictions on the access of elderly or disabled immigrants to the SSI<br />
program are particularly severe. SSI benefits are virtually unavailable to<br />
immigrants who arrive in the United States after August of 1996 unless they<br />
become citizens or can be credited with 40 qualifying work quarters. 5 One<br />
exception is the humanitarian-based immigrant category. 6 However, even these<br />
immigrants are only eligible for SSI within the first seven years. To continue to<br />
receive SSI after the first seven years, they must have naturalized or accumulated<br />
a significant work history.<br />
For other federal means-tested programs — food stamps, cash assistance,<br />
and medical assistance — those in a qualified immigrant status who entered the<br />
country after August of 1996 must generally wait five years before becoming<br />
eligible for benefits. Immigrants in the humanitarian-based categories are<br />
exempt from the five year bar. In addition, qualified immigrants who are under<br />
eighteen years old or who are disabled are exempt from the five year bar in the<br />
food stamp program.<br />
In New York State, with the exception of the federal food stamp program<br />
for which there is no longer a state replacement program, the five year bar in the<br />
federal means-tested programs has minimal effect because there is no such bar<br />
in the state-funded welfare assistance program, the Safety Net program, and the<br />
state-funded Medicaid program. 7<br />
The “Battered Qualified Immigrant” Eligibility Category<br />
PRWORA created a special immigrant-eligibility category for spouses and<br />
children of US citizens and lawful permanent residents who have been “battered<br />
or subjected to extreme cruelty.” Unlike most other immigrants, they are not<br />
required to attain permanent resident status before becoming eligible for benefits.<br />
Instead, they are eligible for benefits as soon as they are in the process of<br />
obtaining permanent status on their own behalf. The ability of immigrant victims