cp 49-055 benefit determinations - Department of Public Social ...

11. A refugee who entered the United States under Section 207 of the
INA.
12. Granted status as an asylee under Section 208 of the INA.
13. A non-citizen whose deportation is being withheld under Section
243 (h), or whose removal is being withheld under Section 241
(b)(3) of the INA.
14. “Amerasian immigrant” under Section 584 of the Foreign
Operations, Export Financing, and Related Programs Act of 1988.
CAPI Eligibility
A refugee in one of the five categories above who loses his or her
SSI/SSP eligibility may be eligible to CAPI after his or her 7-Year SSI
eligibility period ends.
Disability Determination
Special disability determination procedures may be required for some
of these refugees who claim to be disabled and are under the age of
65.
See CP-025.2 - Disability Determination - for more information
How are non-citizens classified based on their date of entry?
To be eligible for CAPI, a non-citizen must be a legal immigrant and
meet an immigration status according to his or her day of entry:
• Pre-August 22, 1996 immigrants, and
• Post-August 21, 1996 immigrants
NOTE:
Battered non-citizens who are eligible based on pending
or approved VAWA petitions/applications are not subject
to the New Affidavit of Support (I-864) and are therefore
not subject to the sponsor-deeming rules.
All sponsored non-citizen who are permanent residents
and domestic violence victims are exempt from the
sponsor deeming requirements.
CP 49-020.2 – Date of
Entry (DOE) Prior to
August 22, 1996
See CP 49-037.2 - New Affidavit of Support (I-864) - for more
information
Which non-citizens with a Date of Entry (DOE) prior to August 22,
1996 are potentially eligible for CAPI?
To be potentially eligible to CAPI, individuals whose DOE into the
United States was prior to 8/22/96 must meet one of the criteria