FAQ's

Frequently Asked Questions

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Does an immigrant victim have to suffer physical abuse to qualify for immigration status?

If an immigrant victim does not qualify for any type of immigration relief, can she still qualify for some type of public health benefit?

Yes; immigrants are entitled to public health benefits regardless of status. Some benefits that undocumented adults are entitled to are: Emergency or Restricted Medi-Cal, Prenatal Care Medi-Cal, Women, Infants and Children (WIC), Access for Infants and Mothers (AIM), Community Health or Mental Health Services, Public Health Services (communicable diseases), Emergency Shelter and Transitional Housing (domestic violence, homeless), Food Banks. Some benefits that undocumented children are entitled to are: Child Health and Disability Prevention Program (CHDP), Vaccines for Children (VFC), CA Children Services (CCS) - serious health issues, Regional Centers - developmental disabilities, School Lunch and Breakfast Programs.

Which type of immigrant victim qualifies for public health benefits?

VAWA – immigrant victim abused by USC or LPR spouse or parent
U-visa -- immigrant victim of a crime such as severe domestic violence/rape who reasonably cooperated with authorities in investigation of the crime
T-visa -- immigrant victim of severe form of trafficking (i.e. forced prostitution)

How does an immigrant victim become a qualified alien – or an alien qualified to receive public health benefits?

What type of health benefits do immigrant victims of abuse qualify for?

How do immigrant victims qualify for such benefits?

Do all immigrant victims qualify for such benefits?

Can immigrant youth who are victims of child abuse/trafficking/intimate partner violence obtain public health benefits in San Diego County? Are there special protections for immigrant foster youth who become wards of the state of CA?

Can immigrant victims who are pregnant and in need of pre-natal care apply for public health benefits like Medi-Cal? Will applying for benefits affect an immigrant victim’s ability to legalize their status in the future?

Yes, immigrant victims who are pregnant and in need of pre-natal care are eligibile (and should apply) for public health benefits like prenatal Medi-Cal. Not all public benefits will be considered by USCIS in deciding whether someone is or is likely to become a public charge. The focus of public charge is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Health benefits, like prenatal care Medi-Cal and nutrition programs like WIC, will not be considered for public charge purposes.

QUESTION: What is "public charge" and what does it have to do with my immigration status?

ANSWER: Public charge is a term used in immigration law and it means an "alien" who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) primarily dependent on the government for subsistence. An "alien" who is likely at any time to become a "public charge" is ineligible for admission to the U.S. and is ineligible to adjust status to become a lawful permanent resident.

QUESTION: I have filed a "self-petition" for an immigrant visa under the Violence Against Women Act (VAWA). Will I be found a public charge if I use cash welfare before my greencard is approved?

ANSWER: No, domestic violence survivors who have filed a VAWA self-petition can use any benefits, including cash welfare, without affecting the public charge decision. The government may look at other factors (such as age, income, health, education and family situation) in determining whether you are likely to become a public charge, but it will not consider any benefit programs.

If an immigrant victim needs help applying for legal assistance, who can she contact?

ACCESS, Inc. 858-560-0871