CalWORKS

A battered noncitizen is “PRUCOL” and is eligible for CalWORKS if she meets the following requirement:

Victim has approved petition or pending petition which sets forth a prima facie case from CIS or Executive Office for Immigration Review (EOIR). The following documents are examples of approved petitions and/or pending petitions:

a. I-360 Self-Petition Documents
b. I-360 Widow(er) Documents (no examples available)
c. I-130 Immigrant Petition for Relative Fiancé, or Orphan (“family based” petition)
d. Cancellation of Removal/Suspension of Deportation EOIR Documents

DOMESTIC VIOLENCE EXCEPTIONS

From All County Letter No. 00-07 “Current state and federal law specifies that a sponsor’s income and resources must be attributed or deemed to the sponsored noncitizen during the eligibility determination process. All sponsored noncitizens that are domestic abuse victims are exempt from this deeming requirement for a period of one year. This means that the normal eligibility criteria applies; however, the sponsor’s income and resources are excluded.

“The exemption of the deeming requirement for sponsored noncitizens that are domestic abuse victims is initially limited to one year. However, the exemption may be extended beyond the one year if: 1) the abuse has been recognized in an order of a judge or administrative law judge; or 2) INS has made a prior determination that abuse did occur; AND 3) the CalWORKS eligibility criteria continues to be met."


CalWORKS

Reference for County Workers:

All County Letter 00-07, Subject “Battered Noncitizen Eligibility Under California Work Opportunity and Responsibility to Kids (CalWORKs) and Food Stamp Program.” Ask them to see their “Special Notice” for more details about how to implement.

HHSA Program Guide, CalWORKs Program Guide, Number “42-400 Residence”, Document Title “F. Battered Non-Citizens.” This document does not list all categories of eligibility for battered non-citizens. It should be used in conjunction with other State and County notices.

HHSA Program Guide, CalWORKs Program Guide, Number “42-400 Residence”, Document Title “G. Sponsored Non-Citizens.” This document does not list all categories of eligibility for battered non-citizens. It should be used in conjunction with other State and County notices.

All County Information Notice I-71-00, Subject “Noncitizen Eligibility Reference Guide”, Chapter 3.0, Topic Noncitizen Categories, Sub Topic 3.4 Battered Noncitizens. Explains state and federal requirements battered noncitizens must meet program eligibility.

All County Letter 98-65, Subject “Alien Eligibility for CalWORKs.” Presents information about determining state-only versus federally-funded CalWORKs cases

Reference for Non-County Workers:

ACL 00-07, Subject “Battered Noncitizen Eligibility Under California Work Opportunity and Responsibility to Kids (CalWORKs) and Food Stamp Program.” Suggest asking EW to look at any applicable “special notice” for more info if EW doesn’t want to use ACL 00-07.