MEDI-Cal

The attached

Medi-Cal Program Guide Letter #617 (dated September 13, 2007) provides updated information regarding an additional category of aliens eligible for the CMS Program. As of September 2007, noncitizens with "Deferred Action Status" are eligible to receive CMS upon showing the I-797 Notice of Action reflecting establishment of Prima Facie case under the self petitioning provisions of VAWA.

A battered noncitizen is a “Qualified Alien” and receives federal funding if she meets the following 4 requirements:

1. Victim has approved petition or pending petition which sets forth a prima facie case from CIS or EOIR.

I-360 Self-Petition Documents
I-360 Widow(er) Documents, no examples available
I-130 Immigrant Petition Documents
Cancellation of Removal/Suspension of Deportation EOIR Documents

2. Victim has been battered or subjected to extreme cruelty

3. Substantial connection between abuse & need for benefits

4. Victim no longer resides with abuser

A battered noncitizen is “PRUCOL” and receives state funding if she ONLY meets the first requirement:

1. "Victim has approved petition or pending petition which sets forth a prima facie case from CIS or EOIR."

I-360 Self-Petition Documents
I-360 Widow(er) Documents, no examples available
I-130 Immigrant Petition Documents
Cancellation of Removal/Suspension of Deportation EOIR Documents

**Either way, she will qualify for full-scope Medi-Cal**

EXPLANATION OF MEDI-CAL REQUIREMENTS

1. “Victim presents approved petition or pending petition which sets forth a prima facie case from CIS or EOIR.”

I-360 Self-petition document - Does not need to present evidence of abuse
I-360 Widow(er) document - Needs to present evidence of abuse
I-130 Immigrant Petition for Relative Fiancé, or Orphan (“family based”) document - Needs to present evidence of abuse
Cancellation of Removal/Suspension of Deportation EOIR Immigration Court document - Does not need to present evidence of abuse

2. “Victim (noncitizen) or noncitizen’s child or parent has been battered or subjected to extreme cruelty.” Who Determines Abuse

Who determines Abuse	Abuse Determination Made By
I-360 Self-Petition	CIS
I-360 Widow(er)	County*
I-130 Family Based	County*
Cancellation of Removal/Suspension of Deportation	EOIR

* Follow domestic abuse regulations to determine abuse

3. “There is a substantial connection between the abuse and the need for benefits.”

Substantial connection includes but is not limited to:

Become self-sufficient following separation from the abuser
Escape the abuser and/or the community in which the abuser lives, or ensure safety from the abuser
Fulfill a financial need due to loss of financial support resulting from separation from the abuser
Fulfill a financial need caused by the loss of a job because of the circumstances of the abuse
Provide or seek medical attention or mental health counseling, or health services due to disability resulting from the battery or extreme cruelty
Fulfill a financial need because of the loss of a dwelling or source of income or fear of the abuser which, following separation from the abuser, jeopardizes the applicant's or the parent’s ability to care for his or her children
Alleviate nutritional risk or need resulting from the abuse or following separation from the abuser (Food Stamps only)
Provide or seek medical care during a pregnancy resulting from the abuser’s sexual assault or abuse of, or relationship with the abused noncitizen and/or care for any resulting children, OR
Replace medical/health coverage services which were provided when living with the abuser

4. “The noncitizen no longer resides with the batterer”

Sworn Statement of victim is acceptable evidence

5. "If still living with abuser"

Benefits may help victim leave abuser
If application for benefits is processed and ready to begin the moment victim separates, she may feel secure enough to leave
Refer victim to domestic violence agency
Assess options: financial, legal, housing, emotional
Develop safety plan