Issue link: https://digital.copcomm.com/i/398224
The People's Guide 2013-2014 64 for In-Home Supportive Services. CAPI (Cash Assistance Program for Immigrants) recipients may also be eligible for In-Home Supportive Services. Sponsor "deeming" may apply (see "Sponsors", pg. 65) 6. Public Housing Most "qualified" immigrants and victims of trafficking are eligible for housing as- sistance from the U.S. Department of Housing and Urban Development (HUD) if they meet the program's other rules. HUD is a federal program; different rules apply to state and local housing programs You can apply for and receive HUD as- sistance even if one or more household members are not a citizen or "qualified" immigrant. Assistance may be calculated based on the number of citizens or eligible immigrants in the household. SOCIAL SECURITY 1. Social Security Benefits If you have paid into the Social Security system as a worker or had money taken out of your paycheck for this program, you may qualify for Social Security disability, retirement or survivor benefits. [See Social Security, pg. 23] To receive the benefits, you must be either lawfully present in the country now, or have been receiving benefits based on a claim filed before December 1, 1996. [Also see the next section on "Social Security Numbers"]. You are not eligible for Social Security benefits if you have been deported, except if you have been readmitted as a lawful permanent resident. Your benefits may be suspended if you leave the U.S. for 6 months or more while still a non-citizen. 2. Social Security Numbers To get a Social Security card that allows you to work, you must have papers showing that you are a: Lawful Permanent Resident ("green card holder"), refugee, asylee, citizen of a "freely associ- ated state" (Micronesia, Marshall Islands or Palau) or have an employment authorization docu- ment issued by the U.S. Citizenship and Immigration Services. If you are lawfully in the U.S. but do not have work authorization, and need an SSN in order to get a benefit for which you are otherwise eligible, you can apply for a "non-work" SSN from a Social Security office that can be used for benefits pur- poses only .) It is illegal to use this card for work-related purposes. WORKERS' RIGHTS Regardless of your immigration status, you have the right to receive minimum wage, overtime and safe working conditions. You also have the right to be free from harass- ment and discrimination. If your rights as a worker are being violated, contact the state Labor Commissioner's Office at (213) 897-4037 to complain. If you have legal work papers, it is illegal for employ- ers to commit on-the-job discrimination, or deny a job because a worker is from another country. The following groups can help if you are an immigrant worker and your employer owes you wages and has not paid you: Asian Pacific American Legal Center (garment workers) 1145 Wilshire Blvd. (213) 977-7500 Bet Tzedek Legal Services (818) 769-0136 CHIRLA (day laborers and domestic workers) 2533 W. 3rd St. # 101 (888) 624-4752 Koreatown Immigrant Workers Alliance (KIWA) (restaurant workers) 3465 W. 8th St. (213) 738-9050 Legal Aid Foundation Employment Law Unit (213) 640-3954 (800) 399-4529 Maintenance Cooperation Trust Fund (janitorial workers)1247 W. 7th St. Room 103 (213) 284-7758 Neighborhood Legal Services (800) 433-6251 Pilipino Workers Center 153 Glendale Blvd. (213) 250-4353 SCREENING OF IMMIGRANTS 1. Can Using Government Ben- efits Affect My Immigration Status? If you are applying to become a lawful per- manent resident (green card holder), using health care programs (such as Medi-Cal , In Home Supportive Services, or Healthy Families) or CalFresh/Food Stamps, will not hurt your chances of getting your green card by making you a "public charge". You might have a problem getting your green card if you have used cash welfare or long- term care (like a nursing home) paid for by Medi-Cal or other government funds. The government can deny a green card to people who are likely to become a "public charge"(meaning someone likely to rely on cash welfare or long-term care.) Officials will look at many factors, including your age, your health, your entire family's income and resources (and if you have a sponsor, their income and resources) to determine whether in the future you will be likely to need to rely on cash welfare to live. They will look at "the totality of your circumstances" and no single factor will make you a public charge. Depending on your situation, past use of cash benefits may not count against you, for example if it was several years ago that you received the benefits or if it was only for a short period of time. You do not have to worry about public charge if you: • Already have a green card (unless you leave the US for more than 6 months at a time and try to re-enter) • Are applying for citizenship • Are applying for asylum • Are applying for a T visa • Are applying for a green card based on: • asylee or refugee status • T or U visa status • having lived in the US since before 1972 Victims of domestic violence who file a self-petition under the Violence Against Women Act (VAWA) are subject to the "public charge" test. However, they can use all benefits, including cash welfare, without affecting this decision. U visa applicants can get a public charge " waiver," and there is no public charge test when U visa holders apply for a green card. 2. Guidelines for "Public Charge" If you or anyone in your family used Medi- Cal, Healthy Families, or other health services, it won't affect your immigration status, unless Medi-Cal or other govern- ment funds were used to pay for your long-term care (nursing home or other institutionalized care) The use of non-cash benefits, such as CalFresh/Food Stamps, WIC, school lunch, or public housing, will not make you a "public charge". Non-Citizens