DPSS ePolicy

1. Revised the term “federal CalFresh” to “CalFresh” and “state-funded CalFresh” to “California Food Assistance Program (CFAP).”
   
   
2. Policy guidance has been revised to incorporate changes to noncitizen eligibility due to the House of Representatives 1 (H.R. 1) Act.
   
   
3. An example has been added to clarify which entry date to use when there is a discrepancy between the Systematic Alien Verification for Entitlements (SAVE) record and the immigrant visa document.
   
   
4. An example has been added, and policy guidance has been revised to clarify the change in immigration status mid-period.
   
   
5. Scenarios for determining eligibility under H.R. 1 guidelines have been added.

Bona Fide

The Latin term for “in good faith” - Sincere, authentic, genuine, real, true, without intention to deceive.

Continued Presence

A status that allows trafficking victims assisting law enforcement with an investigation and/or prosecution to remain in the country during a criminal case.

Noncitizen

An individual not born in or under the jurisdiction of the U.S. and who has not become a citizen through naturalization, acquisition, or derivation.

Nonimmigrant

An individual who is allowed to enter the U.S. for a specific purpose and/or for a limited period (e.g., as a tourist or student).

Office of Refugee Resettlement (ORR)

A suboffice within the U.S. Department of Health and Human Services that provides benefits and services to assist specific eligible refugee populations in resettling and integrating into local communities.

ORR Certification

Certification that allows adult victims of trafficking who are not U.S. citizens or LPRs to be eligible to receive benefits and services under any federal program or activity to the same extent as a refugee.

Pending Petition

A petition has been submitted to the U.S. Citizenship and Immigration Services (USCIS), and a final decision has not yet been provided.

Prima Facie Case/Determination

A Latin term that means, by first examination, that the case appears valid based on the face value of the evidence, and a determination is made that a substantial connection to the battery or extreme cruelty exists.

Sponsored Noncitizen

A noncitizen individual admitted to the U.S. under the condition that another individual or group will support the individual financially to prevent the noncitizen individual from receiving public benefits.

Spouse

Either of two individuals who would be defined as married to each other under applicable State law or cohabitating and holding themselves out to the community as husband and wife, same-sex couple, or domestic partners by representing themselves as such to relatives, friends, neighbors, or tradespeople.

Temporary Protected Status (TPS)

A temporary immigration status is given to nationals of certain countries experiencing conflicts or other problems that make it difficult or unsafe to return to their country of origin.

Undocumented Noncitizen

These individuals are foreign-born who do not possess a valid visa or other immigration documentation. Undocumented noncitizens include individuals who:

• Entered the U.S. without inspection;
• Stayed longer than what their temporary visa permitted; or 
• Otherwise violated the terms under which they were admitted.

USCIS

The USCIS (formerly INS) is the government agency that administers lawful immigration to the U.S.

Verification of DOE is mandatory for all legal noncitizens. This information determines whether an individual is eligible for CalFresh or CFAP. Noncitizen applicants must not be denied CalFresh or CFAP based on the failure to provide a document listing the DOE. Eligibility Staff can verify the noncitizen applicant’s DOE by requesting the USCIS verification.

A public charge is when an individual is likely to become primarily dependent on the government for subsistence, as demonstrated by either receiving public cash assistance for income maintenance or institutionalizing long-term care at government expense.

Under the current federal rule, USCIS does not consider health, food, and housing assistance as part of the public charge determination. Therefore, receipt of CalFresh benefits does not make individual(s) a public charge. Furthermore, the public charge does not apply to:

• LPRs;
  
  
• Naturalized citizens;
  
  
• Refugees;
  
  
• Asylees (including asylum applicants);
  
  
• Special Immigrant Juveniles;
  
  
• Victims of human trafficking, Domestic Violence (DV), and other serious crimes (T and U nonimmigrants and Violence Against Women Act (VAWA)); and
  
  
• Many other categories of immigrants.

Eligibility Staff must not advise immigrant HHs against applying for or using CalFresh benefits. Eligibility Staff will provide contact information to CalFresh applicants when they ask questions about how receiving CalFresh for themselves, their children, or other HH members may impact their immigration status.

For information on public charge, Eligibility Staff can refer the public to the Los Angeles County Office of Immigrant Affairs website or provide their phone number: (800) 593–8222.

Eligibility Staff must share this information at Intake and RE to help applicants/participants obtain information on public charge rules.

U.S. citizens are immediately eligible for CalFresh benefits, if all other eligibility criteria are met. There are different categories for U.S. citizenship:

1. An individual born in any of the 50 states of the U.S. or any of its territories such as the District of Columbia, Puerto Rico, Guam and the Virgin Islands;
   
   
2. An individual child born outside of the U.S. who automatically became a U.S. citizen due to meeting the following requirements (under the Child Citizenship Act of 2000 and INA Section 320):
   
   
   • At least one parent is a U.S. citizen by birth or naturalization;
     
     
   • The child is under the age of 18; and
     
     
   • The child lives or has lived in the U.S. under the legal and physical custody of the U.S. citizen parent according to a lawful admission for permanent residence.
     
     Note: An adopted child must be under 16 years of age and have resided in the legal and physical custody of the U.S. citizen parent for at least two years to be eligible.
      
3. A naturalized citizen of the U.S.

U.S. Nationals are immediately eligible for CalFresh benefits, if all other eligibility criteria are met.

This category includes individuals who are not citizens of the U.S. but owe the U.S. permanent allegiance. Nationals can enter the U.S. at any time without going through an immigration procedure. Currently, the term “national” applies to:

1. People born in American Samoa and Swain’s Island after December 21, 1952; and
   
   
2. Residents of the Northern Mariana Islands who choose not to become U.S. citizens.

COFA citizens are immediately eligible for CalFresh benefits, if all other eligibility criteria are met.

COFA countries of Micronesia, Marshall Islands, and Palau are sometimes collectively referred to as the “Freely Associated States.” Individuals from these countries are nonimmigrants when entering the U.S. and are not considered citizens or nationals of the U.S. (in accordance with those nations’ respective COFAs with the U.S.).

Cuban or Haitian Entrants under Section 501(e) of the Refugee Education Assistance Act of 1980 are immediately eligible for CalFresh benefits, if all other eligibility criteria are met.

Categories of Cuban/Haitian Entrants

1. Any individual granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided.
   
   
2. A national of Cuba or Haiti who was paroled into the U.S., has not acquired any other status under the INA and for whom a final, non-appealable, and legally enforceable order of removal, deportation, or exclusion has not been entered.
   
   
3. A national of Cuba or Haiti subject to removal, deportation, or exclusion proceedings under the INA and for whom a final, non-appealable, and legally enforceable order of removal, deportation, or exclusion has not been entered.
   
   
4. A national of Cuba or Haiti with an application for asylum pending with the Department of Homeland Security (DHS)/USCIS and for whom a final, non-appealable, and legally enforceable order of removal, deportation, or exclusion has not been entered.

LPR is an immigration status granted to an individual lawfully admitted for permanent residency in the U.S. under the INA and is given a permanent resident card. These individuals have permission to work in the U.S. and can apply for U.S. naturalization when they meet certain conditions.

There are different noncitizen categories of LPRs. LPRs are eligible for either CFAP or CalFresh. Some LPRs are immediately eligible to CalFresh without meeting a Federal Eligibility Requirement. However, some LPRs need to meet a Federal Eligibility Requirement to be eligible for CalFresh but are otherwise eligible to CFAP.

Sponsored LPRs

Most LPRs are sponsored and brought to the U.S. by their sponsor through either a family or employment-based petition. They are admitted to the U.S. with the condition that another individual or group will support them financially to keep them from receiving public benefits. The sponsor signs an Affidavit of Support, I-864 or I-864a, confirming their responsibility. These LPRs must comply with Sponsor Deeming requirements to be eligible to receive CalFresh benefits. For more information on sponsored noncitizen eligibility requirements and how they may be eligible to CalFresh without meeting sponsorship requirements, please refer to Administrative Release 5809, 63-503.49 Sponsored Noncitizens.

CFAP Eligibility

Some LPRs are eligible for CFAP until they meet the five-year waiting period or another Federal Eligibility Requirement, if all other CalFresh eligibility criteria are met. After five years of residency in the U.S. or meeting another Federal Eligibility Requirement, the LPR’s benefits will transition from CFAP to CalFresh.

CalFresh Eligibility

An LPR who meets the five-year waiting period or another Federal Eligibility Requirement is eligible to CalFresh. However, there are groups of noncitizens who become LPRs and are immediately eligible to CalFresh, if all other eligibility criteria are met. The following categories of noncitizens are immediately eligible to CalFresh, if and when they become LPRs:

• Noncitizens admitted to the U.S. as refugees;
• Noncitizens granted asylum;
• Noncitizens whose deportations or removal were withheld or cancelled;
• American Indians Born Abroad;
• Highland Laotian and Hmong Individuals;
• Iraqis and Afghans with Special Immigrant Visas (SIV);
• Certain Afghan Nationals Granted Parole between July 31, 2021 and September 30, 2023;
• Certain Ukrainian Nationals Granted Parole between February 24, 2022 and September 30, 2024; and
• Victims of Trafficking.

Amerasians born in Vietnam after January 1, 1962, and before January 1, 1976, are admitted as LPRs and are immediately eligible to CalFresh, if all other eligibility criteria are met.

This group of individuals are admitted to the U.S. under Section 584 of Public Law 202, as amended by Public Law 100-461. The children must have been born in Korea, Vietnam, Laos, Cambodia, or Thailand after 1950 and before October 22, 1982.

Certain LPRs must meet one of the following requirements for CalFresh eligibility:

1. Five-year legal residence in the U.S. (waiting period);
2. 40 qualifying work quarters;
3. Elderly individuals who were born on or before August 22, 1931, and have been lawfully residing in the U.S. on August 22, 1996;
4. Under the 18 years of age (regardless of date of entry);
5. Blind or disabled and receiving disability-based government assistance; or
6. Has military connection.

Five-Year Residency or “Waiting Period” Requirement

The Farm Security and Rural Investment Act of 2002, commonly referred to as the 2002 Farm Bill, restored CalFresh eligibility to legal noncitizens who have lived in the U.S. as qualified noncitizens for five years or longer. This change came into effect on April 1, 2003, and the five-year waiting period begins on the date the noncitizen obtains status as a qualified noncitizen through the USCIS. Some refugees can obtain a qualified noncitizen status before entering the U.S. Consequently, based on their refugee status, these individuals are eligible upon entering the country without a five-year wait.

In certain situations, the USCIS may grant a qualified noncitizen status retroactively. The retroactive time, the date the noncitizen obtains status as a qualified noncitizen, counts toward the five-year waiting period.

For example, a noncitizen applied for LPR status on September 16, 2015. The application was denied because the original birth certificate was not provided. The original birth certificate was found and submitted to the USCIS on February 10, 2016. The USCIS approved the case the same day and granted them qualified status retroactively, beginning September 16, 2015. Therefore, the five-year waiting period begins on September 16, 2015.

40 Qualifying Work Quarters Requirement

The 40 quarters eligibility requirement is only open to LPR-qualified noncitizens. A qualifying quarter is a quarter of any year in which the legal noncitizen has earned at least the required wages for one quarter of coverage in a particular year.

One quarter is defined as three calendar month periods ending with:

1. March 31
2. June 30
3. September 30
4. December 31

Determining whether a noncitizen has worked or can be credited with 40 qualifying work quarters is important for CalFresh. Under PRWORA, an LPR may receive CalFresh if that LPR has worked or can be credited with 40 qualifying work quarters. Credits may be earned individually, in combination with a spouse, and, in some circumstances, a parent.

Beginning with the first quarter of 1997, no credit is countable if the individual who earned it received any federal, means-tested public benefits such as CalFresh. On the other hand, the quarters will be considered countable if the individual received state benefits, such as CFAP.

Transfer of Quarters

A noncitizen can receive qualifying work quarters either from:

• Work quarters earned by their natural, step, or adopted parent(s) before the noncitizen turns 18 years of age; or
  
  
• Work quarters earned by the noncitizen’s spouse during the spousal relationship if they are still married, or the spouse is deceased (only those quarters earned during the marriage). The spouse’s quarters will be counted from the marriage date to the present.
  
  Note: The two individuals do not need to be legally married. When the individuals are not legally married, the quarters can only be transferred beginning the date the couple started holding each other as spouses to the community to the present, regardless of their gender.

Age – 65 Years or Older Requirement

This applies to qualified noncitizens who were 65 years or older on August 22, 1996. These individuals must have been born on or before August 22, 1931, and have been lawfully residing in the U.S. on August 22, 1996.

Age – Under 18 Years Requirement

This applies to qualified noncitizen children under 18 years of age regardless of when they entered the U.S. The child may continue to be eligible for CalFresh when the child turns 18 years old if that child meets another eligibility requirement, such as having status as a qualified noncitizen for five years. In addition, effective October 1, 2003, eligible noncitizen children under 18 years of age are exempt from all sponsor deeming requirements.

Disability Requirement

Beginning October 2002, CalFresh eligibility was restored to all qualified noncitizens receiving disability-based assistance or benefits, regardless of when they entered the U.S.

Noncitizen individuals receiving any of the following benefits are considered disabled and are eligible for CalFresh:

• Supplemental Security Income (SSI);
  
  
• Interim Assistance pending SSI;
  
  
• Social Security Disability;
  
  
• State or federal Disability Retirement for permanent disability;
  
  
• Railroad Retirement Disability;
  
  
• Disability-related Medi-Cal;
  
  
• State or federal Supplemental Assistance;
  
  
• Disability-related General Relief benefits;
  
  
• Disability-related Medi-Cal or Cash Assistance Program for Immigrants known as CAPI – as long as their disability determination meets the SSI disability or blindness criteria; or
  
  
• Veterans’ Disability Compensation.

Note: An elderly person 60 years or older is not disabled unless that individual receives any disability income in the categories described above.

Military Connection Requirement

This applies to individuals who have served in any of the U.S. Military branches, such as:

• Army;
• Navy;
• Air Force;
• Marine Corps;
• Coast Guard (for at least 24 months or the period the person was called to active duty); or
• An honorably discharged veteran whose discharge is not because of immigrant status.

This category also includes the following individuals:

1. The spouse or surviving spouse who has not remarried; and
   
   
2. Unmarried dependent children of these individuals (under the age of 18, under 22 if a student, or 18 or older if the child was/is disabled and a dependent before turning 18).

Note: A discharge “Under Honorable Condition” does not meet this requirement. This means that the military member’s service was satisfactory but did not deserve the highest level of discharge for service (in most cases due to a minor misconduct).

Verification of U.S. Military Veteran or Active Duty

Active duty can be verified through the service member’s current military identification card or copy of the member’s military orders. Verification of honorable discharge status can be established through the veteran’s discharge certificate, showing “Honorable” discharge from active duty in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard. A discharge “Under Honorable Conditions” does not meet this requirement.

Due to H.R. 1, American Indians Born Abroad are no longer eligible for CalFresh benefits unless they adjust their status to LPR. Once they become an LPR, they are immediately eligible to CalFresh, if all other eligibility criteria are met.

For CalFresh purposes, there are the two categories of American Indians:

1. A member of an Indian tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b[e]) who is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians; or
   
   
2. An American Indian born in Canada to whom the Provisions of Section 289 of the INA apply.

American Indians born in Canada but living in the U.S. or federally recognized Indian tribes (e.g., Native Americans) are entitled to cross the U.S. border into Canada or Mexico under Section 289 of the INA.

Due to H.R. 1, Highland Laotian and Hmong individuals are no longer eligible for CalFresh benefits unless they adjust their status to LPR. Once they become an LPR, they are immediately eligible to CalFresh, if all other eligibility criteria are met.

These individuals are people lawfully residing in the U.S. who were members of the Hmong or Highland Laotian tribes that assisted the U.S. during the Vietnam War era. This category includes the spouse, surviving spouse that has not remarried, or unmarried dependent children of these individuals.

Due to H.R. 1, refugees are no longer eligible for CalFresh benefits unless they adjust their status to LPR. Once they become an LPR, they are immediately eligible to CalFresh, if all other eligibility criteria are met.

This group of individuals are admitted to the U.S. under Section 207 of the INA. Refugees are typically granted this status before coming to the U.S. when temporarily residing in another country. A refugee is granted the right to live and work in the U.S. and may apply to become an LPR after one year. When a refugee becomes an LPR, the noncitizen still retains their refugee status.

“Applying for” or “pending” refugee status differs from being “granted” refugee status.

Refugees may include the following noncitizens:

• Orderly Departure Refugees
• Amerasians
• Public Sector Refugees
• Private Funded Jewish Refugees
• Cuban/Haitian Entrants
• Mariel Cubans
• Match Grant Refugees
• “Paroled” as Refugees
• “Paroled” as Asylees

Due to H.R. 1, asylees are no longer eligible for CalFresh benefits unless they adjust their status to LPR. Once they become an LPR, they are immediately eligible to CalFresh, if all other eligibility criteria are met.

This group of individuals is admitted to the U.S. under Section 208 or 208(a) of the INA. An asylee will generally have a written decision from the USCIS or a letter from an immigration judge stating that asylum has been granted. Asylees are not sponsored noncitizens.

“Applying” or “Recommended” for asylum differs from being “Granted” asylum.

Due to H.R. 1, individuals with deportation withheld/cancellation of removal are no longer eligible for CalFresh benefits unless they adjust their status to LPR. Once they become an LPR, they are immediately eligible to CalFresh, if all other eligibility criteria are met.

This status is granted to noncitizens who prove they would be persecuted if returned to their country. However, this status does not lead to granting a status of permanent U.S. residence. Additionally, in 1996, immigration law changed the name of this status from “Withholding of Deportation” to “Cancellation of Removal.”

A judge may order deportation withheld or cancellation of removal subject to either of these INA codes 243(h) or 241(b)(3).

Due to H.R. 1, Iraqi and Afghan SI are no longer eligible for CalFresh benefits unless they adjust their status to LPR. Once they become an LPR, they are immediately eligible to CalFresh, if all other eligibility criteria are met.

Special Immigrant Visas (SIV) under 101(a)(27) may be granted to Iraqi and Afghan nationals who have worked for or assisted the U.S. Armed Forces with translation and interpreter services in the U.S. government.

Special Afghan Immigrant Categories

In response to the arrival and resettlement of humanitarian parolees from Afghanistan, specifically Afghan citizens and nationals evacuated to the U.S. after July 31, 2021, the state provided guidance on the USCIS information for Afghan nationals paroled into the U.S. based on urgent humanitarian or other reasons which the USCIS has the discretion to authorize on a case-by-case basis.

In August 2021, the U.S. initiated the mass evacuation of Afghan citizens and nationals at risk due to political instability in Afghanistan. These relocated Afghan individuals are classified into one of the following categories:

1. Refugee – as defined under Section 207 of the INA
   
   
   • These Afghan noncitizens are granted full refugee status under Section 207 of the INA.
      
2. SIV Holders or SIV LPRs
   
   
   • SIV holders are displaced individuals who assisted the U.S. Armed Forces with translation and interpreter services from Iraq or Afghanistan and were granted a visa before entering the U.S.
      
3. Special Immigrant Parolee (SIP) with “SQ/SI” COA
   
   
   • SIP individuals are granted parole before entering the U.S. due to an emergency and need to relocate to safety in the U.S. They are granted parole status under the National Defense Authorization Act of 2006 (NDAA).
      
4. SI Conditional Permanent Resident (CPR)
   
   
   • These SI CPRs are eligible for public benefits under 602(b)(8) of the Afghan Allies Protection Act of 2009. Afghans granted SI CPR status have yet to be deemed medically admissible. Once determined to be medically admissible, the USCIS may change their status to SI LPR.
      
5. SI LPR
   
   
   • SI CPRs who became SI LPRs after the DHS removed the condition on their LPR admission. The condition is removed upon successfully completing a medical examination for which the USCIS determines that the SI CPR individual is deemed medically admissible.
      
6. Afghan Humanitarian Parolee (AHP)
   
   
   • AHPs (formerly designated as Humanitarian Parolees from Afghanistan or HPA) who entered the U.S. lawfully based on an urgent humanitarian need were paroled between July 31, 2021, and September 30, 2023.

AHP Employment Authorization

Although the AHP population has no immigration status, they may apply for Employment Authorization Documents (EADs) and become work authorized. This population can also apply for asylum. Effective November 21, 2022, however, Afghan parolees and their qualifying family members, with certain COAs are considered “employment authorized incident to parole,” which means that they do not need to wait for the USCIS to approve their Form I-765, Application for Employment Authorization for work authorization in the U.S.

However, this policy update only applies to Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, has a COA code of “OAR” (Operation Allies Refugee). These parolees may present their unexpired Form I-94 to employers as proof of identity and employment authorization for Form I-9, Employment Eligibility Verification. After 90 days, however, parolees must provide an EAD or unrestricted Social Security Number (SSN) and an acceptable identity document (such as a state-issued driver’s license or identification card).

A CalFresh HH member who cannot provide an SSN or does not have an SSN must prove that they have applied for an SSN before CalFresh is approved. The Form I-765 can be used as proof that the individual has applied for an SSN, and no other verification type must be imposed provided that the applicant has consented on the I-765 form to the disclosure of information to the Social Security Administration (SSA) to obtain an SSN. Once the SSN is received, the HH must provide the SSN to Eligibility Staff.

AHP Request for Extension/Re-Parole

On September 18, 2023, the State provided clarification on the processes regarding the re-parole process for certain Afghan parolees. With the influx of AHPs to the U.S., many who were granted parole are now approaching the end of their parole period. As a result, the USCIS will accept and consider re-parole requests from certain noncitizen Afghans, on a case-by-case basis, if they are paroled with the “OAR” or “PAR” COA and meet one of the following requirements:

• Certain Afghan parolees with a pending asylum application or pending adjustment of status application will be considered on a case-by-case basis for re-parole without the need to file a re-parole application.
  
  
• All other Afghan parolees who would like to extend their parole status must:
  
  
  • Apply for a fee-exempt re-parole application; and
  • Request a fee-exempt EAD through the USCIS.

In addition, Principal Applicant AHPs are ineligible effective October 1, 2023. If these individuals are paroled between July 31, 2021, and September 30, 2023, they may request an extension of their initial parole period.

Applications for re-parole must be filed from June 8, 2023, through July 31, 2024, before their initial parole period expires.

Note: Individuals paroled under 212(d)(5) will follow the existing parolee policy.

Due to H.R. 1, battered noncitizens are no longer eligible for CalFresh benefits unless they adjust their status to LPR and meet one of the Federal Eligibility Requirements. Under H.R. 1, battered noncitizens are the only noncitizen category that will lose CalFresh eligibility and transition to CFAP. Battered noncitizens currently receiving CalFresh benefits will transition to CFAP benefits at their RE.

Battered noncitizens include VAWA petitioners, family-based petitioners, self-petitioning widow(er), and cancellation of removal/suspension of deportation petitioners.

VAWA allows an abused/battered noncitizen spouse or child of a U.S. citizen or LPR to apply directly (self-petition) to the USCIS on their behalf for lawful immigration status. This status also extends to a noncitizen whose parent has been abused. VAWA participants can receive CFAP benefits pending the disposition of their petition for lawful status from the USCIS. Section 431 of the PRWORA provides qualified noncitizen status to noncitizens who have been subjected to battery or extreme cruelty in the U.S. by a family member with whom they reside.

Status for Battered Noncitizen

For certain noncitizens to meet the definition of a “qualified noncitizen” under Section 431(c) of the PRWORA, the noncitizen must meet the following four requirements:

1. The noncitizen has an approved or pending petition (Form I-130) which makes a prima facie case for immigration status from the USCIS or Executive Office of Immigration Review (EOIR), which sets forth a prima facie case;
   
   
2. The noncitizen, the noncitizen’s child, or parent has been battered or subjected to extreme cruelty within the U.S. by their spouse, parent, or member of the family residing in the same HH;
   
   
3. There is a substantial connection between the battery or extreme cruelty and the need for public benefits; and
   
   
4. The battered noncitizen, child, or parent no longer resides in the same HH as the abuser.

A battered noncitizen may file an application for the following, proof of which can be used for verification purposes:

1. Suspension of deportation and adjustment of status according to Section 244(a)(3) of the INA as in effect before April 1, 1997; or
   
   
2. Cancellation of removal according to Section 240A(b)(2) of the INA.

Substantial Connection Criteria

On December 11, 1997, the Department of Justice published guidance in the Federal Register (62 FR 65285) for determining whether a substantial connection exists between battery or extreme cruelty and the applicant’s need for public benefits. The following are examples of situations in which benefits are needed:

1. To enable the applicant and the applicant’s child or parent to become self-sufficient.
   
   
2. To escape the abuser or community where the abuser lives or to ensure the applicant's safety.
   
   
3. To alleviate nutritional risk due to a loss of financial support, dwelling, or source of income due to separation from the abuser.
   
   
4. For medical attention, mental health counseling, or because of a disability that resulted from the abuse.

Sponsorship Deeming Exemption

Battered noncitizens are exempt from sponsorship deeming requirements for 12 months. The exemption can be extended for an additional 12-month period if the noncitizen demonstrates that the battery is recognized by a court, administrative order, or the USCIS and if the agency administering the benefits determines that the battery has a substantial connection to the need for benefits.

CFAP Eligibility

Under California law, anyone with an approved VAWA self-petition or prima facie notice is eligible for CFAP, if all other eligibility criteria are met. Additionally, a battered noncitizen receiving benefits due to a prima facie notice but later adjusts to LPR status will continue receiving CFAP benefits until they meet the five-year waiting period or another Federal Eligibility Requirement. Once they become an LPR and meet the five-year waiting period or another Federal Eligibility Requirement their benefits will transition to CalFresh.

The five-year waiting period for battered noncitizens begins when the prima facie case determination is issued or when the abused noncitizen’s I-130 visa petition is approved. For benefit determination, the relevant date for eligibility is the date the noncitizen status is obtained as an abused immigrant rather than the date of the individual’s previous immigration status.

Due to H.R. 1, parolees, except Cuban/Haitian Entrants, are no longer eligible for CalFresh benefits unless they adjust their status to LPR and meet one of the Federal Eligibility Requirements.

A parolee is a noncitizen individual who has been granted parole into the U.S. under Section 212 (d)(5) of INA. Parole allows an individual who may be inadmissible or otherwise ineligible for admission into the U.S. to be in the U.S. temporarily for humanitarian, medical, and legal reasons (usually under emergency circumstances). A grant of parole does not mean a formal admission to the U.S. It confers only temporary permission to be present in the U.S., requiring parolees to leave when the conditions supporting their parole cease to exist. These individuals are only eligible to CFAP if their parole status is expected to last at least one year or more and they do not meet a Federal Eligibility Requirement. Once a parolee meets one of the Federal Eligibility Requirements, they will no longer be eligible to CFAP and will not be eligible to CalFresh due to H.R. 1.

As a reminder, "paroled for at least one year" refers to the period listed on a parolee’s entry documentation and not the length of time the parolee resided in the U.S.

Note: The duration of one year for a parolee is based on the 365-day count.

For example, a noncitizen paroled into the U.S. from December 29, 2022 to December 28, 2023 would be considered a qualified noncitizen parolee for a year since the total number of days is 365.

An additional day (February 29) would be added to the count during a leap year if the parole period includes the month of February. For instance, a noncitizen paroled from May 1, 2023 to April 29, 2024 would be considered a qualified noncitizen parolee for one year since the total number of days is 365 days because February 29, 2024 (an extra day in the leap year) is included in the count of the 365 days.

Also, a noncitizen paroled from February 16, 2023 to February 15, 2024 would be considered a qualified noncitizen parolee for one year since the total number of days is 365 days, even if February 2024 is included because February 29, 2024, is not included in the 365-day count.

The counting of the leap year may or may not impact the 365-day count unless February 29 (leap year) is included in the parole period.

Examples of some noncitizens entering the U.S. as parolees are:

• Cuban/Haitian Entrant
• Humanitarian Parolees (HP)
• Public Interest Parolee (PIP)
• Lautenberg Parolee, AKA Specter Amendment
• Nicaraguans
• Venezuelans

Nicaraguan and Venezuelan Parolees

Individuals from Nicaragua and Venezuela who lack entry documents to enter the U.S. may enter through U.S.-based supporters. They may request advance travel authorization to come to the U.S. and be considered for parole based on an urgent humanitarian reason or significant public benefit. A qualifying noncitizen individual can receive a temporary grant of parole for up to two years, including employment authorization and an SSN if approved.

To be considered under this parole process, an individual from Nicaragua and Venezuela must satisfy the following conditions: 

1. Pass rigorous biometric and biographic national security and public safety screening and vetting;
   
   
2. Have a supporter in the U.S. who commits to providing financial and other support;
   
   
3. Meet other noncitizen eligibility criteria, such as vaccination and other public health guidelines; and
   
   
4. Merit a favorable exercise of discretion (noncitizen whose admission does not threaten the U.S. national security, safety, or welfare).

Nicaraguan and Venezuelan parolees are no longer eligible for CalFresh, unless they adjust their status to LPR and meet one of the Federal Eligibility Requirements. They may be eligible for CFAP if they are granted parole under Section 212 (d)(5) of INA for at least one year and do not meet one of the Federal Eligibility Requirements.

Nicaraguan and Venezuelan parolees can apply for work authorization and an SSN. They can arrive under several immigration categories and may apply for a change of immigration status or category once inside the U.S.

The following circumstances below identify three instances of a parolee under Section 212(d)(5):

1. A parolee for at least one year is eligible to CFAP if they do not meet one of the Federal Eligibility Requirements. 
   
   
2. A parolee for at least one year is ineligible for CFAP and CalFresh if they meet one of the Federal Eligibility Requirements.
   
   
3. A parolee for less than one year is ineligible for CalFresh and CFAP. The following would be considered a parolee with less than one year: a parolee who was paroled into the U.S. from April 10, 2022 to April 8, 2023.

Due to H.R. 1, conditional entrants are no longer eligible for CalFresh benefits unless they adjust their status to LPR and meet one of the Federal Eligibility Requirements.

The “Conditional Entrant” provision under Public Law 89-236 was the primary method of entry for noncitizen refugees escaping persecution as enacted by Section 203(a)(7) of INA in 1965. This provision was abolished by the Refugee Act of 1980; however, there may be individuals with this noncitizen documentation.

CFAP Eligibility

A “Conditional Entrant” who is a qualified noncitizen under Section 203(a)(7) of INA is eligible for CFAP if they do not meet one of the Federal Eligibility Requirements. Once they meet one of the Federal Eligibility Requirements, they will no longer be eligible to CFAP and will not be eligible to CalFresh due to H.R. 1.

A noncitizen is granted CPR status upon entry to the U.S. when married to a U.S. citizen (and in certain cases entering the U.S. as an entrepreneur investor). If the marriage is dissolved within two years, a noncitizen admitted to the U.S. based on that marriage could lose their LPR status.

Unlike other permanent residents whose eligibility may continue even if their I-551 cards are expired, eligibility discontinues for CPRs whose I-551s have expired. The conditional status expires after two years. The CPR is responsible for obtaining a new immigration status from the USCIS.

Noncitizens with CPR status are eligible for CFAP benefits, if all other eligibility criteria are met. If the conditional permanent status expires, the noncitizen would no longer be eligible for CFAP benefits unless the noncitizen individual meets another immigration status, such as VAWA.

CPRs are only eligible for CFAP, as their status cannot be renewed or extended beyond two years.

Due to H.R. 1, trafficking victims with ORR certification are no longer eligible for CalFresh benefits unless they adjust their status to LPR. Once they become an LPR, they are immediately eligible to CalFresh, if all other eligibility criteria are met.

ORR may certify an adult victim of trafficking who:

• Is willing to assist in every reasonable way in the investigation and prosecution of human trafficking cases; and
  
  
• Has made a bona fide application for a T-Visa or is a person whose continued presence the Attorney General needs to carry out the prosecution of traffickers.

A trafficking victim certified by the ORR must comply with the SSN requirement as part of the eligibility criteria.

Applicants in this category must submit their original certification letter from ORR. Victims of a severe form (violent acts) of trafficking are not required to provide the USCIS immigration documents to verify their status as these documents have already been provided to the ORR.

Children who are under 18 years of age and have been subject to trafficking are issued an eligibility letter from ORR stating that the child is a victim of a severe form of trafficking. Due to H.R. 1, they are no longer eligible for CalFresh benefits.

Noncitizen individuals who are victims of certain violent acts, such as battery, extreme cruelty, or trafficking, may be eligible for CFAP benefits.

Trafficking victims as defined by federal law are victims of:

1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or the person induced to perform such act has not attained 18 years of age; or
   
   
2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through force, fraud, or coercion to subject the individual to involuntary servitude, peonage, debt bondage, or slavery.

Note: T- or U-Visa noncitizens and VAWA self-petitioners are not required to provide an SSN to apply for CalFresh benefits.

Determination of Trafficking Status

Eligibility determination for trafficking victims must first be determined based on all relevant information provided. The applicant’s written sworn statement (under penalty of perjury), or that of an Authorized Representative if the applicant cannot competently make a sworn statement, is sufficient to verify the applicant’s trafficking status. One of the items below may be presented as corroborating evidence, including, but not limited to:

1. Police, government agencies, or court records or files.
   
   
2. News articles.
   
   
3. Documentation from a social service, trafficking, DV program, legal clinical, medical, or other professionals from whom the applicant has sought assistance in dealing with the crime.
   
   
4. A statement from any other individual with knowledge of the circumstances which provided the basis for the claim.
   
   
5. Physical evidence.
   
   
6. A copy of a completed visa application.
   
   
7. Written notice from the USCIS of receipt of the T-Visa application.

The HH is responsible for reporting if the T-Visa has been administratively denied or their immigration status changes, whichever comes first. An application for a T-Visa is finally administratively denied when an appeal of the T-Visa denial has been successful or the time to appeal the denial has passed without an appeal being filed. T-Visa applicants cannot be required to provide evidence that their application is still pending at Semi-Annual Reporting (SAR) 7 and RE.

Trafficking victims who are not certified by ORR are eligible for CFAP. Trafficking victims who are ORR-certified are ineligible to CFAP and would also be ineligible to CalFresh due to H.R. 1.

Continued Presence

A trafficking victim may continue to legally stay in the U.S. (regardless of their visa status) and be eligible for benefits if a federal law enforcement agency grants continued presence to seek prosecution.

Children victims of trafficking under 18 years of age are not required to cooperate with law enforcement to receive benefits and services.

If the applicant provides proof that their T-Visa has been approved and no certification from the ORR has been obtained, they are eligible for CFAP benefits.

Note: A trafficking victim who has previously verified the T-Visa application filing does not need to verify again (if the T-Visa application is still pending) during the next RE.

Length of the period for Approved T-Visas

The initial duration period for a T-Visa is generally four years. Exceptional circumstances may occur when the timely filing of an application for LPR status is still pending with the USCIS, or the applicant provided a Certification Letter from law enforcement stating that their presence is still needed in the investigation or prosecution of human trafficking. When continued presence is granted, this allows for the extension of the T-Visa status beyond four years and delays/prevents the deportation of the individual. If exceptional circumstances exist, CFAP benefits must not be automatically discontinued at the end of the visa duration. The life of the visa must not impact eligibility. Instead, eligibility must be based on the results received by the USCIS. T-Visa holders may apply for LPR status 3 years after having T-Visa status, along with maintaining continuous physical presence in the U.S. for at least three years, or upon completion of the trafficking investigation or prosecution as deemed by the Attorney General, whichever occurs earlier. Failure to apply before the expiration of the visa may result in the termination of T-Visa status. Nonetheless, termination of T-Visa status must NOT automatically discontinue CFAP benefits, if exceptional circumstances exist.

T-Visa Eligibility for Principal Victims of Trafficking

The list below describes T-Visa eligibility conditions and code for principal trafficking victims.

Principal victim who is 18 years of age or older:

• The victim of trafficking must be residing in the U.S. and assisting lawenforcement in investigating or prosecuting human trafficking.
• The T-Visa code is T-1

Principal victim who is under 18 years of age:

• The victim of trafficking must be residing in the U.S. Cooperation with lawenforcement in investigating or prosecuting human trafficking is NOT required.
• The T-Visa code is T-1.

Eligibility for Family Members (Derivative T-Visa)

A T-Visa noncitizen can also apply for certain family members (derivatives) who may be eligible for CFAP if they meet the following criteria:

If the principal victim was under 21 when the T-Visa application was filed and later approved,

• Then the following family members are eligible to apply for derivative T-Visa:
  
  
  • Spouse
  • Children
  • Parents
  • Unmarried siblings under the age of 18 at the time of principal victim’s T-Visa application filing
     
• The T-Visa codes are T-2, T-3, T-4, and T-5.

If the principal victim was 21 or older when the T-Visa application was filed andlater approved:

• Then the following family members are eligible to apply for derivative T-Visa:
  
  
  • Spouse
  • Children
     
• The T-Visa codes are T-2 and T-3.

All CalFresh eligibility rules pertaining to the primary T-Visa applicant also applies to a family member(s). A family member of a primary trafficking victim may be eligible for CFAP if they have been granted, already applied for, or intend to apply for derivative T-Visa and have not been ORR-certified. Additionally, a family member may be eligible for CFAP based on a sworn statement that they are a victim of human trafficking, provided they meet all other eligibility criteria.

Note: Principal T-Visa individuals may file Form I-914 Supplement A, Petition for Qualifying Family Members of T-1 Recipient, on behalf of the eligible family members by visiting the USCIS website. If both T-Visa applications are initially denied, the principal trafficking victim and the derivative family member(s) remain eligible for benefits while filing for an appeal.

The U-Visa was designed for victims of certain crimes who have suffered mental and physical abuse because of a crime and are willing to assist law enforcement and government officials in investigating the criminal activity.

Victims of DV and other serious crimes are as follows:

• Have suffered substantial physical or mental abuse because of being victims of criminal activity involving or similar to the following violations: Rape, torture, trafficking, incest, DV, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy or solicitation to commit any of the crimes as mentioned above;
  
  
• Possess information concerning criminal activity (or, in the case of a noncitizen child under the age of 16, the parent, guardian, or adult representing the child); and
  
  
• Have been helpful, are being helpful, or are likely to be helpful to a federal, State, or local law enforcement official, prosecutor, or judge, or to other federal, State, or local authorities investigating or prosecuting criminal activities described above (or in the case of a noncitizen child under the age of 16, the parent, guardian, or adult representative of the noncitizen is helpful).

U-Visa holders may apply for an adjustment to LPR status three years after having granted U-Visa status and maintain continuous physical presence for at least three years. However, it may take many years to have a U-Visa approved.

CFAP Eligibility

Individuals with a pending or approved U-Visa are only eligible for CFAP, if all other eligibility criteria are met. They are ineligible to CalFresh. However, to be eligible for CalFresh benefits, victims of DV and other serious crimes must adjust their status to LPR and meet one of the Federal Eligibility Requirements.

Pending U-Visa Application

A victim of DV and other serious crimes who has previously verified a U-Visa application filing do not need to verify again (if the U-Visa application is still pending) during the next RE. In addition, they are not required to have an SSN as part of the eligibility criteria. The HH is responsible for reporting if the U-Visa has been administratively denied or their immigration status has changed, whichever comes first. An application for a U-Visa is finally administratively denied when an appeal of the U-Visa denial has been unsuccessful or the time to appeal the denial has passed without an appeal being filed.

Length of U-Visa Period

The initial duration for a U-Visa is four years for the principal applicant. It may be the same for derivatives if approved at the same time. U-Visa holders may apply for adjustment of status to an LPR after having maintained continuous physical presence for at least three years as a U-Visa holder and continue to hold such status at the time of application. Other requirements may apply. Failure to apply for adjustment of status before the duration of the U-visa expires will likely result in losing such status. Applying for an adjustment before the U-Visa expires extends the duration of the visa as a matter of law while the adjustment application is pending. Exceptional circumstances may occur when the timely filing of an application for LPR status is still pending with the USCIS, or the applicant provided a Certification Letter from law enforcement stating that their presence is still needed in the investigation or prosecution of serious crime perpetrators. When continued presence is granted, this allows a temporary status that delays/prevents the deportation of the individual. If exceptional circumstances exist, CFAP benefits must not be automatically discontinued at the end of the visa duration. The life of the visa must not impact eligibility. Instead, eligibility must be based on the results received by the USCIS.

Eligibility for Family Members (Derivative U-Visa)

A U-Visa noncitizen (code U-1) can also apply for certain family members (derivatives) who may be eligible for CFAP benefits and services if they meet the following criteria:

If the principal victim was under 21 when the U-Visa application was filed and later approved:

• Then the following family members are eligible to apply for derivative U-Visa:
  
  
  • Spouse
  • Children
  • Parents
  • Unmarried siblings under the age of 18 at the time of principal victim’s U-Visa application filing
     
• The U-Visa codes are U-2, U-3, U-4, and U-5.

If the principal victim was 21 or older when the U-Visa application was filed and later approved:

• Then the following family members are eligible to apply for derivative U-Visa:
  
  
  • Spouse
  • Children
     
• The U-Visa codes are U-2 and U-3.

All eligibility rules pertaining to the primary U-Visa applicant also apply to a family member(s). Family member(s) of the primary U-Visa noncitizen are eligible for CFAP provided they are granted or have a pending application for derivative U-Visa.

The principal U-Visa individual may file the Form I-918 Supplement A, Petition for Qualifying Family Members of U-1 Recipient on behalf of the eligible family members via the USCIS website. If both U-Visa applications are initially denied, the principal U-Visa victim and the derivative family member(s) remain eligible for benefits while filing for an appeal.

Another acceptable verification to establish eligibility for U-Visa noncitizen status is the USCIS Form I-918B. This is completed with the help of an agency such as a local law enforcement office or state agency. The USCIS must receive the U-Visa petition within six months of the date the certifying agency signed Form I-918B. If the USCIS receives the U-Visa petition from the petitioner or their attorney more than six months after the form was signed, the Form I-918B has expired and will not be accepted. In these situations, the victim must request a newly executed Form I-918B to support their petition.

CFAP vs. CalFresh Eligibility Comparison

The list below describes the eligibility of U-Visa applicants and U-Visa holders, if all other eligibility criteria are met.

U-Visa Applicants and U-Visa Holders are:

• Eligible for CFAP.
• NOT eligible for CalFresh.

The list below describes additional categories of U-Visa groups related to documentation and CFAP/CalFresh eligibility:

• Preparing to Apply for U-Visa; NOT eligible for both CFAP and CalFresh.
  
  
• Applied for U-Visa; Eligible for CFAP, but NOT eligible for CalFresh.
  
  
• U-Visa Granted; Eligible for CFAP, but NOT eligible for CalFresh.

The following noncitizens are ineligible to receive CalFresh or CFAP benefits when they fall under these categories:

• Undocumented Noncitizens;
• Parolee with Parole Status of Less Than One Year;
• Parolee with Parole Status of One Year or More that meet a Federal Eligibility Requirement;
• Nonimmigrants;
• TPS Individuals;
• Principal AHPs;
• American Indians Born Abroad;
• Asylees;
• Refugees;
• Individuals with Deportation Withheld/Cancellation of Removal;
• Conditional Entrants that meet a Federal Eligibility Requirement;
• Trafficking Victims with ORR Certification.

Verification documents for U.S. Citizenship:

• U.S. Birth Certificate
  
• U.S. Passport
  
• Passport Card
  
• Form N-560 Certificate of Citizenship or Form N-561 Replacement Certificate of Citizenship
• Form N-550 Certificate of Naturalization or Form N-570 Replacement Certificate of Naturalization
  
  Note: N-550 is issued to a noncitizen individual who obtains U.S. citizenship through naturalization. N-570, however, is issued to a naturalized U.S. citizen whose original Certificate of Naturalization has been lost, mutilated, or contains errors.

Citizens of the FSM, RMI, and Palau may provide one of the following documents to establish lawful entry into the U.S.:

• An unexpired passport from the FSM, RMI, or Palau with an admission stamp issued by the U.S. Customs and Border Protection (CBP); or
  
  
• Form I-94 or Form I-94A indicating nonimmigrant admission under the COFA.

Since citizens of the FSM and the RMI may be residing in the U.S. indefinitely, their Form I-94 or Form I-94A normally will not have an expiration date in the “Admitted Until” field. Sometimes the notation “D/S” or “Duration of Status” may appear under the “Admitted Until” field. This notation means the nonimmigrant individual is authorized to remain in the U.S. if the status is maintained.

Cuban/Haitian Entrant individuals must provide documentation confirming their nationality and immigration status to receive benefits.

Acceptable verification documents for each of the four main Cuban/Haitian Entrant groups include:

1. Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided.
   
   
   • An I-94 Arrival/Departure card with a stamp showing parole at any time as a "Cuban/Haitian Entrant (Status Pending)."
     
     
   • CH6 adjustment code on the I-551.
     
     
   • An I-94 Arrival/Departure record with a stamp showing parole into the U.S. on or after April 21, 1980 (Cubans only) or on or after October 10, 1980.
     
     
   • A Cuban or Haitian passport with a §212(d)(5) stamp dated after October 10, 1980.
      
2. A national of Cuba or Haiti who was paroled into the U.S. and has not acquired any other status under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation, or exclusion has not been entered.
   
   
   • An I-94 Arrival/Departure record showing parole into the U.S.
     
     
   • I-766 EAD with the code A04.
     
     
   • I-766 EAD with the code C11.
      
3. A national of Cuba or Haiti subject to removal, deportation, or exclusion proceedings under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation, or exclusion has not been entered.
   
   
   • DHS Form I-221 (Order to Show Cause and Notice of Hearing).
      
   • DHS Form I-862 (Notice to Appear).
      
   • DHS Form I-220A (Order of Release on Recognizance).
      
   • DHS Form I-122 (Notice to Applicant Detained for a Hearing Before an Immigration Judge).
      
   • DHS Form I-221S (Order to Show Cause, Notice of Hearing, and Warrant for Arrest).
      
   • Copy of DHS Form I-589 (Application for Asylum and Withholding of Removal) date stamped by the EOIR.
      
   • Copy of DHS Form I-485 date stamped by EOIR (Application to Register Permanent Residence or to Adjust Status).
      
   • EOIR-26 (Notice of Appeal, date stamped by the Board of Immigration Appeals).
      
   • I-766 EAD with the code C10.
      
   • Other applications for relief have been date-stamped by EOIR.
      
   • Other documentation about an applicant’s removal, exclusion, or deportation proceedings (e.g., a notice of a hearing date before an Immigration Judge).
      
4. A national of Cuba or Haiti with an application for asylum pending with DHS/USCIS and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation, or exclusion has not been entered.
   
   
   • DHS receipt for filing Form I-589 (Application for Asylum and Withholding of Removal)
     .
   • I-766 EAD with the code C08.

If a document listed above, such as a work authorization document, does not identify the nationality of an applicant as Cuban or Haitian, applicants must provide another form of identification, such as a Cuban or Haitian passport, for confirmation of their identity.

Verification documents for LPRs:

• Form I-551 – Permanent Resident Card, formerly known as the Alien Registration Card or Alien Registration Receipt
  
  
• (I-151), also most commonly known as the “green card”;
  
  
• Unexpired stamp on a foreign passport indicating Temporary I-551 status;
  
  
• I-94 states, “Processed I-551.” Temporary evidence of lawful admission for permanent residence valid until [Date]. Employment authorized; or
  
  
• I-327 “Re-entry Permit,” given to an LPR when traveling outside of the U.S. for an extended period.

Verification documents for Amerasians:

Immigration verifications include a stamp on their foreign passport or I-94 showing specific codes (e.g., AM 1, AM 2, etc.).

Note: As of April 30, 2013, most Arrival and/or Departure records are created electronically upon arrival. Travel records for U.S. visitors may be downloaded on the CBP I-94 website to:

• Apply for a new I-94 (land border travelers only);
• Get the most recent I-94;
• View travel history; or
• Check the allowable remaining period in the U.S. based on the admission terms.

Documentary evidence of Section 289 of the INA is the following:

• An unexpired Temporary I-551 stamp in a Canadian passport or on the Arrival-Departure Record with the code S13; or
  
  
• A letter or tribal document certifying at least 50% Indian blood as required by Section 289 of the Act and a birth certificate or satisfactory evidence of birth in:
  
  
  • Canada, including Native Americans who are entitled to cross the border into the U.S. from Canada and Mexico;
  • St. Regis Band of the Mohawk in New York State;
  • Micmac in Maine;
  • Abenaki in Vermont; and
  • Kickapoo in Texas.

For an American Indian applicant who does not have documentation, Eligibility Staff can verify the applicant’s membership by contacting the applicable tribal authority. A list of Indian tribes and tribal government contacts may be obtained from the Office of Tribal Justice at 202.514.8812 or the Office of Tribal Justice Frequently Asked Questions about Native Americans.

Eligibility Staff may verify this category through proof of birth in Laos or another country in Asia with a Hmong or Laotian population, I-551, or other documents establishing that the tribal member was part of a Hmong/Laotian tribe as follows:

• Entered the U.S. in April 1975 or later (or can give a reasonable explanation for having entered before that, such as came to the U.S. as a student, for military training, to escape war, and so on);
  
  
• Signs an Affidavit that they were a member of a Hmong or Highland Laotian tribe between August 5, 1964 and May 7, 1975;
  
  
• Presents other information/documentation (e.g., U.S. military or U.S. State Department documents, etc.) establishing that the tribal member was part of a Hmong/Highland Laotian Tribe between August 5, 1964 and May 7, 1975; or
  
  
• Is a spouse, unmarried dependent child, or unmarried surviving widow or widower of a deceased Hmong or Highland Laotian tribal member and verifies their status as a member of the tribal’s family, which includes:
  
  
  • A member of the family of a deceased tribal member (who does not need to show that the deceased tribal member legally resided in the U.S.); or
    
    
  • An unmarried dependent child of a Hmong or Highland Laotian who is:
    
    
    • Under 18 years of age;
      
      
    • A full-time student under 22 years of age (including a full-time student of a deceased Hmong or Highland Laotian, provided that the student child was dependent at the time the parent died); or
      
      
    • Unmarried disabled child 18 years of age or older if the child was disabled and dependent on a Hmong or Highland Laotian person prior to the child’s 18th birthday.

Note: Divorced spouses do not qualify as family members, and a “child” means biological or legally adopted child of the Hmong or Highland Laotian member.

Members of Hmong or Lao groups have the following refugee category reference codes on their documents provided: RE1, RE2, RE3, RE6, RE7, R86, IC6, and IC7.

Verification documentation for Refugees:

• A stamp on their foreign passport or an I-94 showing admitted as “Refugee” under Section 207 of the INA or showing category codes RE1, RE2, RE3, RE4, or RE5.
  
  
• An I-551 (“green card”) showing category codes RE6, RE7, RE8, or RE9.
  
  
• Electronic I-94 (from CBP website).

Verification documentation for Asylees:

• A stamp on their foreign passport or an I-94 showing admitted as “Asylee” under Section 208 of the INA or showing category codes AS1, AS2, or AS3.
  
  
• An order from an Immigration Judge granting Asylum under Section 208.
  
  
• An Asylum approval letter from the USCIS Asylum Office stating asylum approved according to Section 208 of the INA.
  
  
• An I-551 (“green card”) showing category codes AS6, AS7, AS8, GA6, GA7, or GA8.

Verification Document for Individuals with Withholding of Deportation or Cancellation of Removal Status:

• Order from an Immigration Judge or the USCIS granting withholding of deportation or cancellation of removal.

The following are acceptable immigration documents for Iraqi and Afghan SIs:

Principal Applicant Iraqi or Afghan SIV Holders (Principal Applicant, Spouse, or Child)

• Iraqi or Afghan passport with an Immigrant Visa (IV) stamp noting that the individual has been classified under IV Category code SI1, SI2, SI3, SQ1, SQ2, or SQ3, and DHS stamp or notation on passport or I-94 showing date of admission. 
  
  
• DHS/CBP temporary Form I-551 Alien Documentation Identification and Telecommunication (ADIT) stamp.
   
• DHS/USCIS temporary Form I-551 ADIT stamp. 
  
  
• Form I-551 Permanent Resident Card (also known as Green Card) with an IV with Category code SI6, SI7, SI8, SQ6, SQ7, or SQ8. 
  
  
• Foreign Passport with Machine Readable Immigrant Visa (MRIV). 
  
  
• Form I-765 EAD receipt notice with code SQ1, SQ2, SQ3, SQ6, SQ7, or SQ8. 
  
  
• Form I-766 EAD with code SQ1, SQ2, SQ3, SQ6, SQ7, or SQ8.

Note: If no other immigration document is available, the applicant may contact the International Organization for Migration to request a copy of their EAD receipt notice at afgovdocs@iom.int.

Afghan SIP, including Principal Applicant, Spouse, or Child with SQ/SI category COA

• An I-94 noting SQ or SI Parole (per Section 602[B][1]) AAPA/Sec 1059(a) NDAA 2006. 
  
  
• Form I-765 EAD receipt notice with code C11. 
  
  
• Form I-766 EAD with code C11.

Afghan SI CPR, including Principal Applicant, Spouse, or Child

• Foreign-issued passports with a DHS/CBP admission stamp noting IV with Category CQ1, CQ2, or CQ3. 
   
• DHS Form I-551 ("green card") with an IV code for Category CQ1, CQ2, or CQ3. 
  
  
• DHS/CBP temporary Form I-551 ADIT stamp.
    
• DHS/USCIS temporary Form I-551 ADIT stamp.
    
• Foreign passport with MRIV with code CQ1, CQ2, or CQ3. 
   
• Form I-765 EAD receipt notice with code C11.
    
• Form I-766 EAD with code C11.
  

Note:  Additional verification SAVE responses will state "CPR" and provide the COA in the "Comments to Agency" field.

AHP (Also known as Non-SI Parolee formerly designated as Humanitarian Parolee of Afghanistan or HPA)

• Form I-94 with COA codes OAR, OAW (Operation Allies Welcome) PAR, DT, and PAROLED or Humanitarian Parole per INA Section 212(d)(5)(A).
  
  
• Foreign passport with DHS/CBP admission stamp with COA codes OAR, OAW, PAR, DT, PAROLED, or Humanitarian Parole per INA Section 212(d)(5)(A).
  
  
• Interim Notice Authorizing Parole (INAP) noting parole under INA 212(d)(5)(A).
  
  
• Form I-765 EAD receipt notice with code C11. 
  
  
• Form I-766 EAD with the code C11.

Note: Eligibility date may be obtained by examining the AHP’s plane ticket, assurance, immigration documentation, or other federal documentation. If the AHP cannot provide this documentation to verify the eligibility date, verbal/written attestation may be accepted if all other efforts are unsuccessful. However, appropriate documentation must be provided within 60 days.

Verification of VAWA Petition:

• I-797 Establishing Prima Facie

Sworn Statement by a Battered Noncitizen

A sworn statement of abuse by the victim or a representative is sufficient to establish abuse if one or more additional items of evidence is also provided. The additional evidence may include, but is not limited to the following substantiation:

• Police, government agency, or court records or files;
  
  
• Documentation from a domestic violence program or other professional agencies from whom the noncitizen applicant or participant has sought legal, clinical, medical, or other services in dealing with abuse;
  
  
• A statement from any other individual with knowledge of the circumstances that provided the basis for the claim; or
  
  
• Physical evidence of abuse.

If the victim cannot provide additional evidence of abuse, then the sworn statement must be sufficient, pending LA County DPSS determination that the applicant is credible.

Verification documentation for Parolees:

• I-94, Arrival/Departure Record

The I-94 may say “humanitarian” or PIP or include one of the following COAs: CHP, HHP, NHP, or VHP.

An electronic I-94 can be obtained from the U.S. Customs and Border Protection (CBP) website. However, additional verification may be required in limited circumstances, such as when the applicant information submitted by the user agency does not match federal immigration records.

Typical verification documents for Conditional Entrants include:

1. I-94 indicating “Paroled as a Refugee” or “Paroled as an Asylee.”
2. A stamped I-94 or foreign passport showing admission under Section 203(a)(7) of the INA.
3. I-766 annotated A3.

Immigration code for a Conditional Permanent Resident is generally annotated as “CR” on their resident card and has a two-year resident status period.

Verification of T-Visa Application:

• I-914, Application for T Nonimmigrant Status form

The following documentation may be used in determining whether an applicant has filed or is preparing to file for a T-Visa:

• A confirmation receipt or letter from the USCIS indicating that an application for a T-Visa has been filed;
  
  
• A copy of the application for a T-Visa (I-914);
  
  
• Statements from persons in official capacities (e.g., law enforcement officials or victims’ advocates) who have assisted or are assisting the victim with the T-Visa application; or
  
  
• The applicant’s statement indicating that they have filed or intend to apply for a T-Visa or are taking steps to become federally eligible (e.g., working with a community-based agency to prepare to qualify for federal benefits) if no documentation is available.

Examples of documentation that can be provided as proof that the applicant has filed for a U-Visa include but are not limited to the following items:

• U-Visa application, I-918;
  
  
• I-918 receipt notice;
  
  
• The applicant’s U-Visa;
  
  
• A confirmation receipt or letter from the USCIS verifying that an application for a U-Visa has been filed;
  
  
• The USCIS Notice of Action, Form I-797C, approving a U-Visa;
  
  
• A fee receipt (Form I-797) for an employment authorization request based on an application for a U-Visa;
  
  
• A copy of an application for a U-Visa, Form I-918; or
  
  
• An EAD issued under Category “A19” or “A20” for an approved U-Visa applicant.

Verification documentation for 40 work quarters:

• Social Security statement on quarters of work coverage.

These cards cannot be accepted as proof of legal residency or to extend any CalFresh benefits to otherwise ineligible and undocumented noncitizen individuals. The card is only accepted for identification purposes.