1. The individual's current immigration status: There are three categories under which an immigrant's eligibility for public benefits is determined including: "QUALIFIED" IMMIGRANTS (see sidebar) Lawful Permanent Residents (LPRs) Parolees who have been paroled for one year or more Refugees Asylees Registry immigrants Those granted Withholding of Removal status Cuban/Haitian immigrants Certain people under VAWA Immigrants who are Permanently Residing Under Color of Law (PRUCOL) (see sidebar) Immigrants who are without proof of status. **NOTE: To accurately determine an immigrant's status, MIRA suggests viewing the immigration documents rather than solely relying on the client's understanding. The CRC has information on how to read documents and cards and how to decipher the codes they contain. This information can also be obtained through MIRA (http://www.miracoalition.org). 2. When the individual entered the country: Most immigrants who entered the country after August 22, 1996 are barred from receiving certain benefits for their first five years in the United States, unless they qualify under certain other exceptions. Exceptions include: the five-year bar does not apply to Refugees, Asylees, Cuban/Haitian entrants, those granted Withholding of Removal, and Amerasian immigrants who are applying for TAFDC and/or Food Stamps. Also, the five-year bar does not apply to EAEDC or the STAFDC program. August 22, 1996 is significant, because it marks the beginning of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (a.k.a. The Welfare Reform Law), which created two new categories of immigrants ("Qualified" and "Non-Qualified") for the purpose of determining immigrants' eligibility for benefits. Non-Qualified immigrants are ineligible for any federal benefits and Qualified immigrants may be eligible for some forms of federal benefits. 3. If the immigrant has a sponsor: Most immigrants apply for a green card/LPR status through a family member sponsor. These sponsors are now required to sign an Affidavit of Support. Through this document a sponsor promises to support the immigrant when s/he comes to the US. When applying for federal means-tested benefits, the sponsor's income will be attributed or "deemed" to the immigrant. There is no sponsor deeming in state funded programs.

DEFINITIONS "QUALIFIED" IMMIGRANTS Lawful Permanent Residents (LPRs)- green card holders, includes Amerasians. Parolees- one who is permitted into the US due to an emergency or because it serves an overriding public interest. Refugees- a noncitizen granted legal immigration status, while still outside of the US, due to fear of persecution in his/her home country. Can apply for LPR status after 1 year in US and can apply for citizenship after 7 years in US. Asylees- a noncitizen granted legal immigration status, while currently in the US, due to fear of persecution in his/her home country. Must apply for asylum status within 1 year of entry into the US or be forever barred from doing so. Can apply for LPR status after 1 year in US as an asylee. Registry immigrants- undocumented immigrants who have lived in the US since 1972 may be able to adjust their status to 'LPR'- consult an immigration advocate. Those granted Withholding of Removal or Deportation- a status granted to a noncitizen who proves that s/he will face persecution if forced to return to home country. Unlike refugees & asylees, this status does not lead to a grant of permanent residence. Cuban/Haitian immigrants Certain people under VAWA- the Violence Against Women Act. An immigrant who is battered by an LPR or citizen spouse, parent or other family member may apply for this status if no longer living with the abuser. IMMIGRANTS WHO ARE PERMANENTLY RESIDING UNDER COLOR OF LAW (PRUCOL)- noncitizens who are not LPRs, but INS knows they are in the US and has no plans to deport them, or those who have been granted an immigration status or have an application for status pending. Includes among others: Parolees with this status less than one year Deferred Enforced Departure status Temporary Protected Status Asylum Applicants Registry Applicants

Determining Immigrant Eligibility for Public Benefits
The charts that accompany this article conveniently display somewhat simpli-fied eligibility requirements for each federal and state program as they apply to each category of immigrant. Because of the potentially serious consequences of bad advice, for specific cases PLEASE consult the CRC or MIRA directly.

Qualified immigrants are eligible for benefits, pending certain circumstances. Some PRUCOLs are also eligible for benefits. The Welfare Reform Law of 1996 placed a bar on most immigrants who entered the country on or after August 22, 1996. These immigrants are barred from federal programs (SSI, TAFDC, Food Stamps) for their first five years in the US after obtaining Qualified status. Massachusetts has instituted some programs for some of those barred from federal programs. The state supplemental TAFDC program (STAFDC) and the state Food Stamp program are designed specifically for those Qualified Immigrants ineligible for the federal equivalents solely due to immigrant statues rules or the 5 year bar. If a Qualified immigrant is applying for state benefits (EAEDC, STAFDC, State Food Stamps), they must meet a 6 month residency requirement and must pursue naturalization, if eligible.

Non-Qualified immigrants are generally not eligible for benefits. Non Qualified immigrants include those who have no proof of their immigration status (undocumented) and some PRUCOLs. PRUCOLs are not eligible for TAFDC or Federal Food Stamps, but may be eligible for SSI, EAEDC and the state equivalents of TAFDC, and Food Stamps. Those who have no proof of their immigration status are not eligible for SSI, EAEDC, TAFDC, STAFDC, or Federal and State Food Stamps. Those with no proof of status are eligible for certain health care and housing programs including WIC, Healthy Start, CMSP (Children's Medical Security Plan), Free Care, Prescription Advantage, Home Care Program, State Housing, and Federal Housing (if at least one family member is in eligible status).

**PLEASE NOTE: When applying for public benefits, clients should never divulge their undocumented status. Instead they should say, "I have no proof of immigration status", or, "I'm not eligible for the benefit."

Application Process
When reviewing applications for public benefits, the agency must only verify the immigration status of the applicant. They generally cannot require documentation for others in the household not applying for benefits. Contact the CRC or MIRA if a worker is inappropriately requiring documentation. Non-profit agencies do not need to verify the status of their clients.

**Agencies that administer federal housing, SSI, and TAFDC programs can only supply INS with identifying information on an immigrant whom the state knows is unlawfully in the US. Agencies/workers can only know that someone is here unlawfully if there is an INS determination of unlawful presence, such as an order of deportation.

A social security number is only required for certain programs and is only required for applicants (not the parents or family members of applicants). CMSP, WIC, and Healthy Start only require a social security number if one is available. If an immigrant does not have a social security number, s/he may declare their income in writing. This self-declaration must include:

• name
• weekly salary
• the number of hours worked per week
• length of employment at current job
• similar information from their previous job

**Never give a false social security number, this constitutes fraud which is a deportable offense. If using a pay stub as proof of income, residence, etc., that lists a false social security number, simply black out the social security number.

Immigrant Eligibility for Public Benefits Determination Chart

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