Prima Facie and public benefits (cash assistance)

[Alma28 1]

Hi everybody,

I applied for VAWA in May 2012, I am still waiting for an answer from the vermont center. I received a prima facie determination in late may 2012.

I know that the prima facie can be used to get public benefits (food stamps and cash assistance), but here in Massachusetts, they denied my cash assistance application and only gave me food stamps. I can't afford rent or anything else and am facing the threat of becoming homeless (all the shelters in MA are full).

If someone on this forum used their prima facie to receive cash assistance from the government, please share it and indicate in what state you got it.

Thank you.

[FarhanN 0]

Hi Alma,

I dont know about this i just received my Prima and can you help me how can i get public benefits. what is the procedure to follow.

kindly help me with this

thank you

[aidy1 0]

Hi everybody,

I applied for VAWA in May 2012, I am still waiting for an answer from the vermont center. I received a prima facie determination in late may 2012.

I know that the prima facie can be used to get public benefits (food stamps and cash assistance), but here in Massachusetts, they denied my cash assistance application and only gave me food stamps. I can't afford rent or anything else and am facing the threat of becoming homeless (all the shelters in MA are full).

If someone on this forum used their prima facie to receive cash assistance from the government, please share it and indicate in what state you got it.

Thank you.

hey Alma, its crazy but am going through the exact same thing. I denied yesterday. its so saddening. uscis should not make this vawa process so long without thinking of giving the applicant an EAD atleast so they can work and take care of themselves while their case is being processed. I was told I have to be a us citizen or LPR and she goes, even if you are you ought to have been living in the US for atleast 5years to qualify for food stamps or cash assistance or medical.. its sad what a terrible marriage could do to someone's life.

please any helpful information for us will be life changing.

[SingleDad2usc 71]

This will vary with locality; but one thing to be confident about is FAIR HEARING. The moment your application is denied, call the hotline to request one. It doesn't matter how long is the wait - if F H administrative judge rules in your favor, with the decision that "agency is ordered to review" your case - then P A will pay you retroactively to the date you first came to them. So you see: a P A worker (local office) might have sent you home with nothing a year ago; but if F H decision is to review, then a different P A worker (compliance department) may pay a lump sum from a year back!

I hope everyone takes my advice and reports back about every step. Once they give you the date of F H (it will be quite some wait before they mail you the date), I'll let you know what to do to win it. I have won 4 F H and lost 0, always self-represented - and never for my own budget but rather for children services, There are two reasons to win it, and none has to do with praying. First is to have a just case, and the second one is to secure evidence. Judges rule fairly

[Sandra G. 5,070]

Prima facie allows the individual to obtain public benefits, but in the same time we have Immigration Laws not allowing to get public benefits if you are not an LPR at least for 5 years.There is a controversy between the two laws (5 years rules and prima facie). Most of States with prima facie will give you medicaid and food stamp that is it!,but cash assistance they will approve just for Us citizens,

Singledad your children are americans then they don't have a problem receiving cash assistance at all, but the same law DOES NOT apply to aliens,and considering alma28 is not american, she won't obtain cash assistance using prima facie.

[SingleDad2usc 71]

Sandra's advice is always to be taken seriously. I do, however, know ACTUAL instance to the contrary. So unless Sandra is referencing a recent change in legislation, I'd certainly proceed with Fair Hearing - where victim of domestic violence has nothing to lose.

I think the 5y rule applies to sponsored immigration and certain other types of obtaining US residency. I don't think 5y rule applies to extraordinary petitioners such as DV victim or asylee. I'll be very happy to be corrected by precise quote of the Law, or a direct link to read.

Also, another aspect - but you'd have to engage a lawyer to go to fair hearing. At times, local/state employees behave in a fashion that a Judge overturns. An example a decade ago, NY DMV workers began to refuse to issue/renew Driver Licenses without certain proofs of legal status. A Puerto Rican man took his grievance to court, and won a Judge's decision which shut the DMV workers for years to come. In his decision, the Judge stated expressly that state employees didn't undergo training and didn't possess the required expertise to be passing merit on immigration paperwork (a Federal jurisdiction). Therefore, they were ordered to stop requiring drivers to furnish immigration proofs.

Alma28, a year ago you were a PA applicant who produced unexpired Prima Facie that said "This notice may be used to assist you in receiving public benefits". Who was a local worker to deny you eligibility?

[belinda63 3,047]

Herehttp://aspe.hhs.gov/hsp/immigration/restrictions-sum.shtml anotherhttp://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=8426 and here http://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/domesticviolencefactsheet.html

[SingleDad2usc 71]

Kudos to Belinda, this will take quite some time to read...But at first glance it looks like "eligible"

[Sandra G. 5,070]

singledad the Immigration Law has a few exceptions to the 5 years rule and victim of domestic violence is NOT exempt to the 5 years ban , but refugees, asylees ,veteran,green card holder who have worked 40 qualifying quarters of coverage are excluded of the 5 years ban.Some States give food stamp and medicaid, but NOT cash assistance.

[SingleDad2usc 71]

1. I read thru http://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/domesticviolencefactsheet.html . I'll give Sandra's opinion the benefit of a doubt, safe for those applicants who have maintained continuous presence since the date before the 96' Welfare Reform Act. Or even they do not qualify?

2. An interesting point in the document is about issuance of SSN: it sounds like the PA or Medicaid office are supposed to provide client a support letter to apply for a non-work SSN? If this is true, and then the SSA does issue such SSN, may non-work SSN (coupled with Prima Facie and foreign passport) be enough to renew a driver license? I see a problem: DMV insists that they need to see a DHS document (usually an I-94) that specifies the date thru which a temporary stay is granted - so that DMV can reflect such date in RED LINE INSERT on face of the license. I'm afraid DMV will refuse the Prima Facie's expiry date, as an indicator that they require. We know that a few state DMVs (TX, PA) accept Prima Facie; but NY DMV claims that Albany officials are not equipped to verify Prima Facie Document (?)

Edited June 23, 2013 by SingleDad2usc

[SingleDad2usc 71]

Ok, so in NYC it just took me 3 months to receive the date for Fair Hearing - I will be representing myself coming 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 few times. 90% of them acknowledge that they don't have a clue - and they pass my ticket to one particular worker who claims total knowledge. He claims that Food Stamp program is out of reach, because it's "a Federal program" and is subject to 5y ban. I told him that VAWA applicants from many states say that they receive food stamps, and how can this be if he says we can't help you with that BECAUSE it's a Federal Program??

A second question I plan to raise in front of the administrative judge at the hearing: how come it's only now that P.A. Workers tell me: YES, you're a category "B" (battered). 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 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 check-marked Domestic Violence on this 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) that a judge might order? I heard that food stamps have one year limit of retroactivity - but is there year-limit on Family Allowance?

[Penguin_ie 5,996]

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