VAWA Prima Facie, State/Federal benefits for DV victims

[SingleDad2usc 71]

In NYC it currently takes 3 months to receive the date for Fair Hearing. I will be representing myself this Thursday, three days from today. In the meantime, P.A. Caseworkers insist that I'm only eligible for Medicaid and Cash Assistance, but not Food Stamps. Which is contrary to most reports on this Forum: that VAWA applicants are eligible for food stamps, but not Cash Assistance!!! I questioned P.A. Workers a number of times. 90% of them acknowledge that they don't have a clue - and they pass my ticket to one particular worker who claims thorough Understanding of the corresponding guidelines. He says that Food Stamp program is out of reach, because it's "a Federal program" and is subject to 5y rule. I told him that VAWA applicants from many states say that they receive food stamps. But he says "we can't help you with food stamps, BECAUSE it's a Federal Program"? Something doesn't add up.

A second question I plan to raise in front of NYS administrative judge at the hearing: how come it's only now that P.A. Workers tell me "YES, you're a category "B" (battered) Applicant." Ever since Child Protective Services wrote a referral letter for me to take to P.A., confirming that I have legal physical custody of two children (docket#...), that I am a victim of domestic violence and that whereabouts of the biological mother are unknown to them at this time - ever since 2004 - I've been showing P.A. Workers police reports, orders of protection, Child Protective Services official reports, Judges' orders - everything confirming Domestic Violence - and P.A. Workers were just shrugging off all evidence. They never ever checkmarked Domestic Violence on my P.A. Case, despite my request at every re-certification. Now, they look at Prima Facie and say YES, you are a "B"... Like a Prima Facie is a proof that I'm D.V. Victim? But all of the previous state evidence was not a proof to classify me "battered"? Is there any statute of limitations (or limit for retroactivity) for judge's order? I heard that food stamps have one year limit of retroactivity - but is there year-limit on Family Cash Assistance?

Edited July 16, 2013 by SingleDad2usc

[Sandra G. 5,023]

Prima Facie does not proof that you are a D.V. Victim, but PF allows you to apply for public benefits. Singledad in your P.A case probably you were classified as a battered since the beginning ,but you did not receive public benefits before because of your unlawful presence in the U.S, in order to receive public benefits the alien MUST have status or have some document issued by Immigration proving you are eligible for public benefits, and because of that you are able to receive now.You won't receive retroactive because you don't have any document allowing to receive public benefits before filing Vawa.

Edited July 16, 2013 by sandranj

[SingleDad2usc 71]

It seems a good answer, but curiously there is Prucol classification which allows for some benefits at a state level. What do you think?

Also, how do you explain such glaring discrepancy between outcomes state to state? If state benefits necessarily require Federal status

[SingleDad2usc 71]

When I told the "knowledgeable" worker that everyone with PF from outside NY claims to be offered SNAP benefits, he just smirked: "then apply in a different state".

I agree it's unlikely that my Administrative Judge will want to entertain anything revolutionary in my self-represented hearing. Best I can hope is that Judge will order a review by the Agency, and P.A will sit on such decision for quite a while. And I will have to file numerous complaints of non-compliance, and most of them will be ignored. They've done so in the past, and they will do so in the future. It has always taken me more effort to make state agencies comply than to get an initial ruling... Still, it starts with a ruling - and I'd like to prepare and prompt the Judge to assess the totality of P.A's actions. No, they have never classified me "battered" before; and when I asked this guy why - he just said it wasn't him, so he "didn't know" why. The way I'm reading guidelines, state workers should make their own determination of DV victims based on the evidence they are presented, and not based on PF presented.

What about different states acting differently vis-a-vis Real ID act? Some states hold to the position that driver licenses are about driving qualification... You rightfully say I didn't receive benefits before because of my "unlawful presence in the U.S." But there are many benefits received daily in this exact situation. Social Security Administration had me a Payee without PF. Housing Preservation and Development had me as Head of Household without PF. Those are federal programs! Why should any state official be bound by federal determination, if state official is seeing a need and compelling circumstances? Why do some state officials routinely instruct applicants to go out there in violation of the Federal Laws and seek temporary off the books earnings?

[N400-2011 24]

Back in 2006, I received public assistance in NYC but I had a work permit because my adjustment of status application was pending at the time that I filed VAWA. You should try contacting a few of the DV agencies like Sanctuary for Families or Safe Horizon. Sanctuary gave me a grant to pay off my back rent once I had secured a job. You could also contact South Brooklyn Legal Services and ask their opinion on your specific case for public assistance.

[SingleDad2usc 71]

Thank you, any information is welcomed into discussion. More pointedly here, I am preparing for the Fair Hearing now two days away. NYS administrative judge will ask me to show that:

1. P.A. Failed to include my needs in the existing case, opened in 2004 for my citizen children

2. I have in fact applied for myself, and not just my children, as of certain date.

3. I have given P.A. Workers evidence of being a victim of domestic violence.

4. Current cash assistance budget, food stamp budget, shelter allowance is deficient for the family

5. That I may require emergency assistance (such as rent arrears), and that P.A. should review the case.

So I'm preparing to produce all my evidence - and see if the Judge doesn't shut me up... If the judge says at some point that I can't address any period before I brought my PF to P.A., then I'll share with the judge one preceding P.A. production letter that mentioned my application considered a PRUCOL. Formally a PRUCOL would have to be someone having received in writing from USCIS that he's not being pursued for deportation. I never had that. But nor could USCIS not know about my lengthy overstay, as I have an I-94 issued great many years ago and never surrendered. Many of my previous documents perished on 9/11 at the office that was destroyed. My partner died, and I was injured - but I never applied for Medicaid or any compensation, which I was entitled to post-9/11. I do have records of having received emergency assistance in temporary WTC tents and housing assistance as a WTC victim. Then there was a pickle with my wife neglect/abuse of both newborns, her conviction of Assault on me with a weapon where I co-operated with both Prosecution in Criminal case and Child Protective Services in the neglect case. So in 2004, both cases were finally resolved with the state releasing my children from foster care and granting me final custody of both children, one of whom is disabled - but part of the deal was that Child Protective Services were ordered by NY Family Court to continue family's supervision. Their case in mother's name is still active, converted from protective to preventive. I have been a target of a dozen investigations of "reported" abuse (anybody's guess who might have been calling in reports to state hotline), all of which have been determined "unfounded". But the damage has been done to at least one of the children, who has multiple diagnoses, is fragile in terms of weather extremes, is under psychiatric and neurological care and has required administration of at least 14,000 counts of prescribed medications to date. Nonetheless, both children have made their grade every school year, and their record of attendance in two separate school districts is above the NYC average! Both children and myself have been recipients of community awards, and I have clean FBI record over the entire lengthy period of overstay. My overstay has over the years turned into permanent stay due to series of extenuating circumstances. It was in the power of state officials in 2004 to issue me U-visa certification, but no one has followed thru or even suggested that. I've held clean NY driver license over all these years, was re-certified regularly by six government agencies, has been a payee with government-issued photo ID for state and federal benefits for my children and a head of the household on the lease approved yearly under the Federal program, all without Social Security Number. So PRUCOL or not?

[N400-2011 24]

Honestly, I have no idea. Good luck in court on Thursday -- of course, report back here with the outcome.

[SingleDad2usc 71]

Well, it's not court. It's a hearing before State administrative judge that I requested. Nothing to lose. But gains are uncertain, and they mainly depend on judge's facility with relatively rare statutes and very-very small discretion in interpretation. The way I'm reading NY guidelines so far: very few immigrant categories are exempt from 5 year ban in Food Stamps. Much easier Cash Assistance qualification: via either TANF (Federal) or Safety Net (State). Anyone know quantitative difference between TANF and NY's Safety?

I also unearthed two little items:

-qualification date is Date of PF Notice (not date PF is presented to P.A as the worker claimed)

-P.A must provide qualified alien with a support letter to take to SSA for non-work SSN application (P.A worker said SSA has no respect for P.A's letters and didn't want to work on one for me. He in fact was sure that PF was sufficient, despite my explanation that I've only filed standalone I-360. He said DHS is liberal in granting temporary work authorization, even without I-485??)

So far P.A workers have been proven lazy, and my budget shows no change fully 3 months after they scanned my PF into the system!! This should move the Judge to make at least some rulings. On retroactivity, I see no way of pushing the issue years back, for the reasons Sandranj has cited. However, I'm tempted to try for September 2012 - the attorney letters I have of being first processed by Family Justice Center. Attorneys then took till February 2013 to finally submit my VAWA, chiefly because of the defective police clearance. State had to correct its records, and cause the FBI to wipe erroneous record. I have attorney-state correspondence, where the state eventually recognizes and corrects its error. May I argue that state's beaurocratic snafu caused delayed PF, just like the P.A worker's incompetence is currently causing no budget adjustment? Again, if I'm now qualified as being battered back in 2004 - why not qualify me since I've become client of the state-sponsored Family Justice Center? Does Judge have any discretion here?

[belinda63 2,981]

Don't think so, you had no status until your PF was approved. You were not entitled to any benefits until that time. I have no idea what benefits you may qualify for in New York with the PF.

[belinda63 2,981]

Eligibility chart here

[SingleDad2usc 71]

Thanks for the chart: it says PRUCOL is eligible for Safety Net (Cash Assistance)!

So not necessarily only upon PF issued?!

[Sandra G. 5,023]

The welfare reform statute (PRWORA-P. L104-193) states that there are a 5 year bar for some qualified aliens, and battered spouses have a 5 year wait before they are eligible for food stamp,now called SNAP. Some States approve food stamp applications before the 5 year limit, but it's not stated in the Welfare Reform Statute, but they should consider you have a Prucol status because you have a pending vawa case. Probably they will consider you Permanently Residing under the color of the Law (Prucol)but they won't pay retroactive at all.Good luck.

Edited July 17, 2013 by sandranj

[SingleDad2usc 71]

Thanks for the note Sandra! Alas, PRUCOL doesn't seem to be eligible for Food Stamps.

1. Is that right?

2. Yet, if I won judge's ruling for the Agency to at least review whether I might be PRUCOL, then there might be a benefit from it.

Footnote on PRUCOL includes those residing in the US pursuant to order of supervision. It probably implied some immigration order - but who knows exactly? Fact is that's exactly what was happening in the case of my family: there was court ordered supervision. If I hadn't complied for all those years, both children would have become ward of the state. That's precisely what NYS Family Court judge was firm about: he ordered to expedite discharge of the children into my care AND out of NY State's care. He was yelling at Child Protective Services: "state doesn't provide babysitting services, I order expedited discharge or I will fine the Agency $1,000/day for any delay". The Agency's counter-argument was: "but the Father doesn't have this, this and this..." In response, he ordered SUPERVISION to ensure that father has this, this and this. I've agreed to SUPERVISION. One of the items he mentioned in his order was to ensure legal residence - but the Agency never did help me with that. It was only now that I was told that the Agency could have provided U-visa certification for my co-operation in their Child Neglect case. Nobody told me that!

[Sandra G. 5,023]

yes Prucol is eligible just for safe net assistance , medicaid an sometimes cash assistance, NO FOOD STAMP, but as far I know you said you were approved for medicaid and cash assistance no?.Do not approach them explaining about order of supervision just go straight to the point that Prucol rules states if you have a pending case with USCIS is enough to qualify for Prucol status, any petition that is filed with USCIS that is pending confers Prucol eligibility. Google to find the "informational letter 08 OHIP/INF 4,Aug 4,2008, from NY Department of health" and take with you. I am using my phone and I can send you the pdf. The letter clarifies the policy regarding medicaid eligibility for alien who are living in the United States under Prucol law.

Edited July 17, 2013 by sandranj

[Brian1967## 119]

Sandra what about a immigrant spouses children are they allowed to apply for food stamps and free school lunch and medicade without PF? What about Section 8 housing I got a message bout this? IF anyone could help this would be great:) Thanks