Refugee Assistance Program - Immigration Status Requirements
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Refugee Assistance Program - Immigration Status Requirements


Revised March 15, 2012



Purpose: This section describes immigration eligibility requirements for a client to receive refugee assistance benefits.

WAC 388-466-0005Immigration status requirement for refugee assistance

WAC 388-466-0005

WAC 388-466-0005

Effective October 13, 2012

WAC 388-466-0005 Immigration status requirements for refugee cash assistance

  1. You may be eligible for refugee cash assistance (RCA)  if you can provide documentation issued by  the U.S. Citizenship and Immigration Services (USCIS), that you are: 

    1. Admitted as a refugee under section 207 of the Immigration and Nationalities Act (INA);

    2. Paroled into the U.S. as a refugee or asylee under section 212(d)(5) of the INA;

    3. Granted conditional entry under section 203(a)(7) of the INA;

    4. Granted asylum under section 208 of the INA;

    5. Admitted as an Amerasian Immigrant from Vietnam through the orderly departure program, under section 584 of the Foreign Operations Appropriations Act, incorporated in the FY88 Continuing Resolution P.L. 100-212;

    6. A Cuban-Haitian entrant who was admitted as a public interest parolee under section 212(d)(5) of the INA;

    7. Certified as a victim of human trafficking by the federal office of refugee resettlement  (ORR);

    8. An eligible family member of a victim of human trafficking certified by ORR who has a T-2, T-3, T-4,  or T-5 Visa;

    9. Admitted as Special Immigrant from Iraq or Afghanistan under section 101 (a) (27) of the INA.

  2. A permanent resident alien meets the immigration status requirements for RCA if the individual was previously in one of the statuses described in subsections (1)(a) through (g) of this section.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

For general information on RCA and RMA eligibility see WAC 388-466-0120WAC 182-507-0130 and PROGRAM SUMMARY, WAC 388-400-0030 (2)(a) for RCA and (b) and WAC 388-400-0035  (2)(a) for RMA.

Important Terms

  1. Refugee Assistance began in 1975 as the Indochinese Refugee Assistance Program under the authority of the Indochina Migration and Refugee Assistance Act. The Refugee Act of 1980 broadened the program to cover all persons, regardless of national origin, who enter the U.S. to escape persecution. Program benefits are 100 percent federally funded and include cash (RCA) and medical (RMA) assistance.

  2. Refugee status is granted by the INS to persons unwilling or unable to return to the person's country of nationality because of persecution or fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

  3. An Amerasian is a person born in Southeast Asia of an American parent and a native parent and who has been granted qualifying status by the INS. When this term is used as a refugee status category for RCA/RMA, it includes spouses and children of Amerasians.

  4. An Asylee is a person who is physically present in the U.S. or at a border or port of entry and who has been granted political asylum by the U.S. Attorney General. An applicant for political asylum does not meet the immigration status requirement for Refugee Assistance until asylum has been granted.

  5. A Parolee is a person who has been granted permission to enter the U.S. for humanitarian or public interest reasons. Parolee status is granted at the discretion of the U.S. Attorney General and may be revoked at any time.  A person granted parolee status under section 212(d)(5) of the INA does not qualify as a refugee.

  6. A Permanent Resident is a person who is granted the right to reside permanently in the U.S. as an immigrant by the INS. Refugees are eligible to apply for permanent resident status one year after date of entry into the U.S.

  7. A Voluntary Resettlement Agency (VOLAG) is a private agency that enters into a grant, contract or cooperative agreement with the U.S. Department of State to provide for the reception and initial placement of refugees. This assistance may include social services, cash, food, help in finding housing, etc.  See Appendix 1 for a list of VOLAGs in Washington State.

  8. A victim of severe forms of human trafficking (an adult or a child) is an alien who has been trafficked into the U.S. and forced into the international sex trade, prostitution, slavery and forced labor through coercion, threats of physical violence, psychological abuse, torture and imprisonment.

  9. Certification of victim of human trafficking is conducted by the Office of Refugee Resettlement (ORR) at the Department of Health and Human Services. After consulting with Attorney General ORR may certify an adult victim of trafficking who is willing to assist with the investigation and prosecution of trafficking cases and either:

    1. Has made a bona fide application for a T visa; or

    2. Is a person whose continued presence the Attorney General is ensuring to effectuate a prosecution of traffickers.

Children victims of human trafficking do not need to be certified.


Refugee Documentation

See Citizenship and Alien Status Appendix 1 for acceptable documentation of a client's refugee status.

Asylum Documentation

The following documents are acceptable proof of client's asylee status and entry date:

  1. I-94 Arrival / Departure Card noting that the individual has been admitted:

    1. Under Section 208 of the INA; or

    2. With admission codes AS-!, AS-2, or AS-3; or

    3. With Visa 92 (V-92).

  2. I-571 United States Refugee Travel Document.  This document does not distinguish between refugees and asylees so contact INS to verify whether the individual is an asylee.

  3. I-688-B Employment Authorization Document with the provision of law 274a.12(a)(5).

  4. I-730 Asylum Approval Letter from an INS Asylum Office.

  5. I-766 Employment Authorization Document with the code A05.

  6. Written decision from the Board of Immigration Appeals (BIA).  The entry date will be the date on the decision.

  7. An order from an immigration judge granting asylum under Section 208 of the INA.  The entry date will be:

    1. The date on an Immigration Judge Order if INS has waived right to appeal decision; or

    2. The 31st day from the date of an Immigration Judge Order if INS has reserved the right to appeal but chose not to.


NOTE: The order has a section that specifies whether the INS has waived or reserved its right to appeal.  See Table 1 for further clarification.

Table I

Documentation and Situation

Action

Benefit Eligibility (referring only to asylum status)

Entry Date (date asylum granted)

Immigration Judge Order with notation that appeal was waived by INS

No additional verification needed

Eligible for RCA

Date on Immigration Judge Order

Immigration Judge Order with notation that appeal was reserved by INS

No action can be taken until 30 days after the date on the Immigration Judge Order; on or after the 31st day, call Executive Office of Immigration Review (EOIR) case status line at (800) 898-7180 to see whether INS has appealed

If INS did not appeal, the individual is an asylee and eligible for RCA

30 days after the date on the Immigration Judge Order (31st day); Example: Immigration Judge Order dated September 1, 2000; INS did not appeal; Entry date is October 1, 2000

If INS appealed, the individual is not an asylee and not eligible for RCA

No entry date as asylum not yet granted; client is not eligible for RCA; **Note the client is a PRUCOL alien so consider eligibility for SFA.


NOTE: Although the EOIR case status line is updated every 24 hours you may find that it does not contain the needed appeal information on the 31st day. The EOIR reports it may take up to 5 days after the appeal deadline for the information to be relayed to the case status line.

Asylum Entry Date for Family Members

The entry date for an asylee’s family members will depend on whether the family was included on the asylee’s original application for asylum and whether they were inside or outside of the United States when the individual applied. See Table II below for clarification.

Table II

Situation

Entry Date (i.e. date asylum granted)

Family members included in principal asylee’s application

Same entry date as principal asylee

Family members outside of the United States; I-730 process; Visa 92

Date that the family members enter the United States; date of entry should be noted on I-94 card.

Family members in the United States; not included on principal’s asylum application; I-730 process

Date that the I-730 application is approved; INS should issue an I-94Arrival/Departure card with this date; I-730 approval letter is also acceptable documentation


Documentation for Victims of Human Trafficking

The term "victims of human trafficking" is defined Important Terms ( 8. and 9.) above.

  1. Only the original certification letter or similar letter for children is acceptable instead of required INS documentation, such as I-94 Card. Victims of severe forms of trafficking are not required to provide any other documentation of their immigration status that confer eligibility for benefits.


NOTE: Although they are not required for benefits purposes, victims of trafficking may have a variety of immigration documents, including an I-94 Arrival/Departure Card with a stamp showing parole under section 212(d)(5), an employment authorization document, or proof of deferred action or an order of supervision. These documents also may be used in proving identity.

  1. For refugee benefit purposes the individual's "entry date" is the certification date, which appears in the body of the certification letter or letter for children.

  2. Providing that they meet other eligibility requirements, victims of severe forms of trafficking (both adults and children) are eligible for the benefits to the same extent as refugees, though under immigration laws they do not have refugee status.

  3. By the time of the application and eligibility interview many victims of trafficking may not yet have standard identity documents, such as driver's license. To confirm identity in these cases, worker should call the trafficking verification line at (202) 401-5510 for assistance.

  4. Certification letters or letters for children issued before November 6, 2001 contain eight-month expiration date. The trafficking certification re-determination and re-determination of eligibility for benefits must be conducted at the end of the 8-months period. Certification letters issued on or after November 6, 2001 do not have an expiration date.

Special Immigrants

Immigrants from Iraq or Afghanistan who were granted Special Immigrant status under section 101 (a)(27) of the INA are eligible for up to 8 months of refugee assistance (RCA and RMA).  Their eligibility period starts from the date of entry into the United States or, if it occurred after the U.S. entry, the date the Special Immigrant status was granted as indicated on the I-551 (green card).

If you have any questions regarding eligibility or on how to process a case, please contact Tom Berry or Olga Walker, in the CSD Office of Programs and Policy.

Tom (360) 725-4617 or by e-mail at berrytj@dshs.wa.gov
Olga(360) 725-4641 or by e-mail at walkeop@dshs.wa.gov

 


WORKER RESPONSIBILITIES

  1. Verify immigration status and entry date on the refugee’s INS documentation. SeeCITIZENSHIP AND ALIEN STATUS, Appendix 1, for entry status designations. Immigration status may also be verified using other documents or written collateral statements from the INS.

  2. Retain a photocopy of original certification letter for victims of human trafficking or similar letter for children and return original to applicant. Before authorizing benefits verify the validity of the document by calling the trafficking verification line at (202) 401-5510 and also notify ORR about application for benefits.

  3. Follow local office policies and procedures for referring refugees to the Refugee Social Service Specialist.

  4. Follow local office policies and procedures for notifying the VOLAG regarding applications for assistance by refugees.

    1. The client must be informed that the VOLAG will be contacted regarding his or her application for assistance.

    2. When a refugee applies for cash assistance, the VOLAG notification should include a request for any information concerning offers of employment including whether the applicant has voluntarily quit employment or has refused to accept an offer of employment or a training opportunity within 30 days prior to the date of application (see Employment and Training Requirements WAC 388-466-0150 ).

Modification Date: March 15, 2012