VAWA Prima Facie, State/Federal benefits for DV victims

[SingleDad2usc 71]

Brian, your question is all over the place. Be precise please

[Brian1967## 119]

If Immigrant spouse files VAWA

1) if the immigrant has a non USC child, is the non USC child allowed access to means test benefits without a Prima Facia?

2) Can the immigrant spouse get on a waiting list for section 8, sorry Section 8 housing here in San Antonio, depending on where assigned can be in a very nice area of town.

3) without the PF what is a immigrant spouse allowed access to help the immigrant minor child?

Sorry for the confusion ..Thanks:)

[Sandra G. 5,047]

Brian1967 non Us Children just can get medicaid and free lunch without PF, in order to get food stamp the non Us Citizen derivative children need to have a Prima facie . Domestic violence victims with PF, GC holders and even US Citizens qualify for programs such as housing for the low income population.

Brian I suggest you post your question in the thread Vawa part 4 because your questions and all answers given can help others with similar questions.

Edited July 17, 2013 by sandranj

[SingleDad2usc 71]

Reluctantly, I will qualify Sandra's categorical verdict. What she said may be the case today and in certain locale - but it has not been the case always and everywhere. First hand experience keeps me from categorical "NO" answer to Brian's query. Although the reason for his query still evades me, and the reason may well be anti-immigrant. In which case, yeah - take it outside

[SingleDad2usc 71]

Sandra, thanks for the pointer on how to assure Judge's likely mention of Prucol in decision. That may be beneficial for the future...

It seems you're steering me to the safe side. You think there is no chance in hell to win anything pre-dating PF, because PF was first correspondence from USCIS about me. Thus, you think that this Judge will certainly not want to venture outside the guidelines... I'll take your advice and not push it there unless I sense a big opening. It's a pity to let it go, as P.A people obviously turn away all Prucols - which in my case amounted to arguably 9 years of medical and cash benefits.

P.A rep will say that he sees no indication of DV in this case's history. I could easily catch him in this lie, because 4 years ago P.A finally exempted me from requirement to go as their witness to Support Court against the absent parent, due to danger. In fact, I can produce to current judge the decision of the 2009 judge reflecting that

[Brian1967## 119]

A.D...single dad let me make one thing clear, if there is one thing l am not is anti immigrant. There are issues and questions I get asked sometimes I will not discuss details on a public forum. Thank you for the assumption though.

[Brian1967## 119]

And thank you Sandra I now can answer a questioning was asked through a PM option. And yes next time will ask on VAWA 4. If I offended anyone my apology.

[Sandra G. 5,047]

singledad Brian is a friend of mine, not an anti immigrant at all.He is helping many victims of DV,despite he was damn scammed,He is always helping people with his answers and what he doesn't know he asks me too.Let's be fair with him ok.

[SingleDad2usc 71]

Hey a friend of Sandra's will always get my benefit of a doubt. Welcome to the topic Brian

I've been searching and still can't pin down any info on NY "state food assistance" (FAP). Belinda's chart says DV survivors qualify for it, and it's not subject to 5y rule. The chart is 2003. Can anyone come up with current info?

[SingleDad2usc 71]

So I've prepared a wheel bag of evidence for this afternoon's Fair Hearing. I am sure Administrative Judge will side with me, because P.A. has never added my needs to the children's case or adjusted the budget - even though I've given P.A. caseworker my Prima Facie 130 days ago, and he scanned it into my case file 130 days ago!

But the kicker is: I've been submitting official evidence of surviving DV for over 8 years, and P.A. has never checkmarked DV on this case, and never referred me to DVL (liaison)! Only now, in preparation to this hearing, I unearth information that as PRUCOL I might have been eligible for medical and safety net assistance even 8 years back. And that DV survivors in NY have been eligible for state food assistance without Prima Facie! They need to be assessed as DV victims by state workers. So I plan to put this issue in Judge's hands (if Judge makes the time for my wheel bag LOL). It's a risky step on my part, which may anger the Judge (in one of the previous hearings Judge cut me off and said "don't hurt yourself, I'm already ruling for you"). So I need to make sure this FAP program I am trying to get into still exists in New York County; and I can't find any current trace in the Internet...

[Villanelle 4,122]

What youre asking about is NY FAP. Its a state funded program for those that are not eligible to receive benefits through the federally funded one. Heres a link explaining it (http://nilc.org/guide_tanf.html) Heres a google search result on NY Family Assistance Program explaining the guidelines on how to qualify/how long you can receive it etc.. (http://otda.ny.gov/programs/temporary-assistance/) Note they are calling it "Safety net assistance" (Aliens who are eligible for temporary assistance, but who are not eligible for federal reimbursement)

[SingleDad2usc 71]

Capri, great info! Problem is I can't figure out whether NY State (or some counties, New York county in particular) has any program to replace Federal FOOD STAMP (for which there is 5 year bar). My understanding there is such program in some counties, for DV victims in particular. But I can't pin it down in the Internet

[Villanelle 4,122]

Try this

a pamphlet- http://www.nyc.gov/html/hra/downloads/pdf/services/faq/pub_benefits_guide_immigrants.pdf

the website for NYC where you can pre-screen for eligibility https://a858-ihss.nyc.gov/ihss1/en_US/IHSS_homePage.do

or in NY you can call 311

(I know its just more of the same general info "people with certain immigration status will qualify" , they dont seem to list anywhere publicly what exactly it is your status needs to be to qualify for it, but from what I can gather from referring to this site here (http://nilc.org/state_food.html) which lists and was updated June of 2013 State Funded food assistance programs, basically a list of states that implemented a state funded food program for immigrants that were ineligible to receive federal food stamps, well NY is not on the list (sorry).

It leads me to believe the fancy brochure from NY and the wording 'certain immigrant status will qualify' probably refers to those who passed the 5 yr mark and are not citizens or the things on the chart found here- http://nilc.org/table_ovrw_fedprogs.html

[SingleDad2usc 71]

oh boy! I remember instructing someone on this forum last year:

If u leave Public Assistance office without proof in your hand that u applied = U'll lose money. Don't believe one word of any P.A. worker. Judge later overrules P.A. worker only if u bring judge a proof that u applied. No proof that u applied = no appeal. Every worker will lie to u that u r not eligible, or that they will process it. But if u leave their office without papers = goodbye, zero for u.

Would u believe I forgot my own instruction?! With all my preparation for today's Fair Hearing, I forgot that the last notice of denial I had was many years ago. So Judge didn't have a starting point: she immediately adjourned until I "bring proof that I've applied within the last year"

[SingleDad2usc 71]

Two more verbal pieces of wisdom I got later today, when I went back to P.A. office:

1. worker said that he will not refer me to DVL (Domestic Violence Liaison) because I already have PF!!!!

2. worker said that he will not give me referral letter to SSA to apply for non-work SSN, because "SSA doesn't like our letters". just go there if u r so inclined, and they'll give u SSN with your PF!

would u believe all this? So, before I got PF, I would've gotten more at a state office (as a DV survivor)!