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

• Non-citizens who are victims of abuse who have petitioned to
USCIS or EOIR to have their immigration status adjusted to
Qualified Alien and have provided proper USCIS documentation.
NOTE: Non-citizens who may qualify under VAWA, and are
sponsored with a New Affidavit of Support (1-864), are
exempt from sponsor deeming rules up to one year from
the date the initial CAPI payment is received.
See CP 49-037.2 - New Affidavit of Support (I-864) - for more
information
What legal immigrants are NOT eligible to CAPI?
The following individuals are NOT eligible to CAPI despite meeting all
eligibility requirements, including their immigration status:
• Any non-citizen receiving federal SSI/SSP.
• Anyone living in a public institution (e.g., public hospital) for an
entire month. Persons who are incarcerated for an entire month.
• Non-citizens who are here temporarily (e.g., on a visa) or whose
immigration status does not permit them to stay in the U.S. with a
USCIS document.
• PRUCOLs receiving SSI who were slated to have their benefits
discontinued effective September 30, 1998. As Congress
permanently restored these individuals’ SSI/SSP benefits, they do
not qualify for CAPI.
CP 49-020.4 – Date of
Entry Definition
What is considered the Date of Entry (DOE) for CAPI eligibility
determination purposes?
DOE, according to Welfare and Institutions Code, is the effective date
of the non-citizen’s current immigration status as defined by USCIS,
except in the following two situations:
• The non-citizen is a CAPI participant whose immigration status
was adjusted after he or she began receiving CAPI benefits. In
this situation, the same DOE that was used to determine his or
her initial CAPI eligibility will continue to be used at the annual
redetermination.
• The non-citizen met the “Qualified Alien” immigration status on
August 21, 1996, and has maintained continuous residence in
the United States since August 21, 1996. In this situation, the
effective date of the Qualified Alien status held by the non-citizen
on August 21, 1996 will be deemed to be his or her immigration
status.
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