VAWA Prima Facie, State/Federal benefits for DV victims

[SingleDad2usc 71]

*M.K.B. et al v. EGGLESTON, DOAR & NOVELLO

United States District Court, Southern District of New York, commenced December 13, 2005.

Parties: Plaintiffs are certain non-citizens who have a relatively obscure immigration status. The

Defendants are the Commissioners of HRA, OTDA and DOH.

Character of Litigation: Class Action, Action for declaratory and injunctive relief.

Law or Regulation in Issue: Social Services Law §§122, 131, 366; 18 NYCRR §§349, 350, 351;

42 USC § 1983; 7 USC §2020; 7 CFR §273.2

Issue: Plaintiffs claim that HRA is failing to properly determine their eligibility for public

assistance, food stamps and Medicaid. Plaintiffs allege that the HRA computer system (POS) and

workers do not correctly identify the status and make them eligible for benefits. The allegation

against the State OTDA and Department of Health is that we do not properly supervise and train

HRA. Among the facets of that allegation is that, allegedly, our regulations with respect to the

need for a social security number are inconsistent and contrary to law; and that our WMS system

is difficult to use and doesnt allow the plaintiffs to be correctly determined and recorded as

eligible.

A specific issue with respect to Medicaid is related to the Food Stamp program. In general,

qualified aliens have to wait five years to be eligible for food stamps. However, qualified aliens

who are in receipt of certain disability benefits, including Medicaid, based on a Medicaid disability

determination, can receive food stamps without the five year wait. The plaintiffs want Medicaid

disability determinations done on all of the class members, even if they are already receiving

Medicaid without a disability determination. The only purpose of the determination would be to

establish eligibility for food stamps.

Status: Plaintiffs requested discovery and the OTDA has, to date, provided many of the requested

materials. The discovery request is ongoing and the OTDA will be providing additional materials

to comply with the requests. The plaintiffs moved for a preliminary injunction and the Court

heard argument on February 2, 2006. On February 16, 2006, the Court issued a preliminary

injunction ordering the OTDA to make certain revisions and issue a new release for aliens who are

victims of domestic violence. The Court deferred ruling on all other matters until after a full

evidentiary hearing. Numerous depositions were held between February 17, 2006 and the March

evidentiary hearing.

A 9-day evidentiary hearing concluded in late March 2006 relative to the plaintiffs' motion seeking

class certification and a preliminary injunction against all defendants. OTDA moved the Court to

vacate its February 16, 2006 Order wherein the Court directed OTDA to complete four actions it

had voluntarily promised to perform by various dates certain in its February 8, 2006 letter to the

Court.

By Opinion and Order dated August 29, 2006, the United States District Court for the Southern

District of New York (Rakoff, J.) granted the plaintiffs' motion for preliminary injunctive relief by

reconfirming the relief set forth in the Order of February 16, 2006.

While commending the defendants for their ameliorative actions undertaken since the

commencement of this action, the Court held that additional measures were warranted.

7

Specifically, as against the State, in addition to directives set forth in the Court's February 16th

Order, the Court ordered (1) OTDA to add a second date field to WMS so that the date an

immigrant became a qualified alien and the date the immigrant entered the country can both be

recorded, and in furtherance of this addition, to issue instructions explaining the use of these fields

and clarifying that time accrued in different qualified alien statuses should be added together to

determine eligibility for federal food stamps; (2) OTDA to issue clear and comprehensive

instructions on how to open cases for aliens directly in WMS, focusing particularly on multi-suffix

cases; (3) OTDA to correct a prior issuance which, according to the Court, is not sufficient to

cause the Social Security Administration to issue a non-work social security number to an

immigrant who lacks work authorization; and (4) the State to revise its training materials so that

they accurately and comprehensively explain which immigrants are eligible for federal Medicaid.

On September 13, 2006, the State defendants moved for reconsideration of the class certification

order on the grounds that two of the class members were improperly included in the class, namely,

(1) LPRs who have been in that status for less than five years have no class representatives that

can demonstrate the various claims such persons may have and (2) persons who are PRUCOL

would require relief, that when implemented, would unavoidably require enforcement of State law

against the State defendants in violation of the Eleventh Amendment to the U.S. Constitution. The

Court denied the State defendants' motion for reconsideration of the class certification order.

A Stipulation of Settlement was signed by the parties on January 12, 2006. The stipulation

incorporates the terms set forth in the above preliminary injunction and also provides for restored

benefits and monitoring of the various programs. The fairness hearing was held on June 5, 2007,

and the final Judgement was issued shortly thereafter. On June 23, 2011, plaintiffs moved to

extend the stipulation against State defendants. On September 29, 2011, the Court extended the

terms of the Stipulation until February 15, 2013. The State filed a Notice of Appeal.

Programmatic Impact: The Settlement provides for the identification of and notice to certain class

members who are eligible for a restored benefit under the stipulation. The stipulation also provides

for worker training by the City defendant. The stipulation provides for various monitoring by all

defendants semi-annually for 46 months from the effective date of the stipulation. The first six semiannual

reviews were completed in June 2008, December 2008, June 2009, December 2009, May

2010 and December 2010.

Responsible Attorneys:

Robert Kraft, Assistant Attorney General, New York State Department of Law

John DiBari, Associate Attorney, New York State Office of Temporary & Disability Assistance

Malinka Gutierrez, Associate Attorney, New York State Office of Temporary & Disability

Assistance

[SingleDad2usc 71]

What happened in the lawsuit?

The plaintiffs in this case claimed that the New York City Human Resources Administration

(HRA) had incorrectly denied them cash assistance benefits (Family Assistance and/or Safety

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Net Assistance), Medicaid, Food Stamps, and/or State Food Assistance Program Benefits

(FAP) because of their immigration status. Plaintiffs also sued the New York State

Department of Health (SDOH) and the New York State Office of Temporary and Disability

Assistance (OTDA) claiming that they did not supervise HRA properly. HRA, SDOH and

OTDA denied all claims.

The immigrant plaintiffs and the Defendants agreed to settle the case instead of having a

full trial. The settlement has been approved by the Court and is binding on all class members.

As part of the settlement of the case, the Defendants agreed to make changes to their procedures

and their computer systems. HRA agreed to provide additional training for some staff. HRA

also agreed to review the cases of certain members of the class to see if they were incorrectly

denied benefits and should receive retroactive benefits. Although the Defendants agreed to settle

the case, they did not admit liability.

A copy of the full settlement agreement is on file with the Court. To receive a copy, you

may contact one of the legal offices listed below.

Who is eligible to receive retroactive benefits under the settlement?

Members of the class may be eligible to receive retroactive benefits under the settlement.

Each class member is being sent a notice with this insert that describes what the class member

must do in order to receive retroactive benefits. Please read the notice that has been sent to you

with this insert and follow all of the instructions in that notice in order to receive retroactive

benefits under this settlement.

This insert describes the process that HRA has or will use to review your case for

retroactive benefits under the settlement. Each class member has been placed into a group. The

process HRA has or will use to review your file depends upon the group in which you (or a

member of your household has been placed). Each group is described below.

Group 1.

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If your public benefits application was denied because of your immigration status,

but the public benefits application of your U.S. citizen child(ren) was accepted, your

case will be automatically reviewed.

Group 2.

If according to HRAs records you are a battered qualified alien (see description above)

or a Lawful Permanent Resident who has been in that status for less than five years, and

your non-citizen child(ren) were denied Food Stamps based on immigration status, your

case will be automatically reviewed.

For class members in Group 1 or Group 2, HRA will look at your households case

file to see if class members in your household were incorrectly denied Family

Assistance, Safety Net Assistance, Medicaid, Food Stamps and State Food

Assistance Payments. If HRA has enough information in its own files to make this

decision, then it will decide whether you will receive retroactive benefits and will

notify you of the outcome of its review, the amount of any retroactive benefits that

you will receive and your right to appeal that decision. HRA will also determine

whether you were incorrectly denied FAP benefits and, if so, will issue you a

payment equal to fifty percent of the FAP benefits it determined you should have

received.

If HRA does not have enough information to decide whether a class

member in Group 1 or Group 2 is eligible to receive retroactive benefits or a payment (or

the correct amount of the benefits or payment) under the settlement, then class members

will receive a notice called M.K.B. APPOINTMENT NOTICE.

If you received an M.K.B. APPOINTMENT NOTICE, it means HRA does not

have enough information in its files to determine if the decision to deny your or your childs

public benefits was correct, or the amount of retroactive benefits your household may receive

under the settlement. If the notice you receive asks you to attend an appointment, you must

cooperate with the request, and attend the appointment, or reschedule it and attend a

rescheduled appointment. If you do not cooperate, you will not get the retroactive benefits

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you may be eligible for, or you may get only a reduced amount of retroactive benefits based

on just the information already in HRAs files.

IF YOU RECEIVED A NOTICE CALLED M.K.B. IMPORTANT NOTICE OF YOUR

RIGHT TO REQUEST RETROACTIVE BENEFITS, or M.K.B. IMPORTANT

NOTICE OF YOUR RIGHT TO REQUEST RETROACTIVE BENEFITS AND A

PAYMENT IN PLACE OF PAST STATE FOOD ASSISTANCE YOU ARE A

MEMBER OF GROUP 3.

Group 3.

If you are in Group 3, then you have been identified as a class member but you will only

have your public benefits case reviewed if you ask for a review. If the notice you are

receiving asks you to mail back a completed form to request a review, you must send

back the form to request a review. After you send back the form, HRA will send you a

letter telling you the date and time of your appointment. You must keep that

appointment, or reschedule it and attend a rescheduled appointment. IF YOU DO

NOT ATTEND SUCH AN APPOINTMENT, YOU WILL NOT RECEIVE ANY

RETROACTIVE BENEFITS UNDER THIS SETTLEMENT.

How will HRA determine the amount of retroactive benefits a class member may

receive under the settlement?

How the amount of retroactive cash assistance benefits a class member is eligible for

under the settlement is calculated:

If a class members application for cash assistance (Family Assistance or Safety Net

Assistance) was incorrectly denied or the class members cash assistance was incorrectly

terminated based on immigration status during the time periods described in the next two

sentences, then the class member is eligible to receive the cash assistance he or she would

have received. The retroactive cash assistance will be for the period beginning on the

date the application was incorrectly denied, or the class members cash assistance was

incorrectly terminated based on immigration status (but not before December 13, 2002).

The period will continue until either (i) the date of the notice in this mailing, or (ii) the

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EXHIBIT I, PAGE 7

date the class member started to receive cash assistance, or (iii) the date the class member

became ineligible for cash assistance. If the notice you receive with this document tells

you about the decision HRA has made about your case, the Start Date and End Dates of

your households retroactive cash assistance and what amount, if any, retroactive cash

assistance your household is eligible for under the settlement are listed on that notice.

The class member is eligible for cash assistance that he or she should have received for

each month.

How the amount of retroactive Food Stamps benefits a class member is eligible for under

the settlement is calculated:

If the class members food stamps application was incorrectly denied, or the class

members food stamps were incorrectly terminated, based on immigration status during

the time periods described in the next two sentences, the class member is eligible for the

food stamps he or she would have received. The retroactive Food Stamps will start from

the date the class members application was incorrectly denied (but not before December

13, 2004) or the class members Food Stamps were incorrectly terminated (but not before

December 13, 2004). The class members retroactive Food Stamps will continue until

either (i) the date of this notice; or (ii) the date the class member started to receive food

stamps; (iii) the date an otherwise eligible child turned 18; or (iv) the date the class

member became ineligible for food stamps. If the notice you receive with this document

tells you about the decision HRA has made about your case, the Start Date and End Dates

of your households retroactive food stamps and what amount, if any, retroactive food

stamps your household is eligible for under the settlement are listed on that notice. The

class member is eligible for the amount of food stamps that he or she should have

received for each month.

How your retroactive Medicaid is determined:

If you are eligible for retroactive cash assistance under the settlement, you are eligible for

retroactive Medicaid. This means that you can submit unpaid medical bills that HRA

will process so that your medical provider can be paid. You can also submit certain

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medical bills that you paid for reimbursement. These medical bills must be for medical

services that were provided during the period beginning three months before the date of

your public benefits application until the date that your retroactive cash assistance ended

-- (i) the date of this notice, or (ii) the date you started to receive cash assistance, or (iii)

the date you became ineligible for cash assistance.

· You are not eligible for retroactive Medicaid under this settlement for any period

during which you already received Medicaid based on a separate application for

Medicaid-only.

· You are not eligible to receive reimbursement under this settlement for medical bills

previously submitted, or that were or could have been submitted for reimbursement at

the same time you submitted bills for reimbursement pursuant to the final order in

Aliessa v. Novello, Index No.403748/98 (Sup Ct., N.Y. Co.)

· If you made a separate application for Medicaid that was denied for reasons other

than immigration status, you may only be eligible for retroactive Medicaid under this

settlement up to the date three months prior to the denial of that separate application.

If I am eligible for retroactive benefits, how will I get them?

Cash Assistance (Family Assistance/ Safety Net Assistance):

If you, or a member of your household currently receives cash assistance (Family Assistance or

Safety Net Assistance), then any retroactive cash benefits your household is eligible for under

this settlement will be issued to your EBT card.

If you or a member of your household does not currently receive cash assistance (Family

Assistance or Safety Net Assistance), then there are three possibilities:

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EXHIBIT I, PAGE 9

· You may apply for ongoing public benefits. If your application for ongoing

public benefits is approved, the retroactive benefits you are eligible for under this

settlement will be issued to your EBT card

· If you received public benefits in the past but do not want to, receive ongoing

public benefits now, you may apply for a one-time payment. To do this, you must

give information regarding your financial eligibility for public benefits to HRA.

This means you will only have to give information about your finances. You will

not be required to attend any appointment not related to your financial eligibility

or give any other information. If you are currently financially eligible, you will

receive the retroactive benefits you are eligible for now as a one-time payment.

This means you will be given a short-term EBT card and your retroactive benefits

will be issued to that card. .

· If you do not want to apply for ongoing public benefits now or for a one-time

payment, or if your application for ongoing public benefits or a one-time payment

is denied, then the retroactive benefits you are eligible for will be issued as an

underpayment correction credit. This means you will only receive the retroactive

benefits you are eligible for if and when you start to receive public benefits in the

future.

Retroactive Food Stamps:

Your retroactive Food Stamps will be issued to the head of your household on an EBT

card. You will receive any retroactive Food Stamps you are eligible for even if your public

assistance case is closed, and even if you are not currently eligible for public assistance.

Retroactive Medicaid and how to submit unpaid medical bills:

If you are eligible for retroactive Medicaid and have bills for medical services that are unpaid or

medical bills that you paid, you must mail copies of any such bills, along with a copy of this

notice, to the Medicaid Reimbursement Unit, 330 West 34th Street, 9th Floor, New York, New

York 10001, Attention MKB.

How to get a payment if you were incorrectly denied benefits under the State Food Assistance

program:

If HRA determines that State Food Assistance benefits were incorrectly not paid to you in

the past, you will receive money, in the form of a check, to replace these benefits. The

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amount of money you will get represents fifty percent of the benefits you should have

received under the State Food Assistance Program while it was in effect.

What if I disagree with the decision about the amount of retroactive benefits I am

eligible for under the settlement?

If you disagree with any decision made about the retroactive cash assistance, food stamps

and/or Medicaid benefits you are eligible for under this settlement, you can request a fair hearing

to challenge the decision. Instructions about how to request a fair hearing are on the notice you

received in this mailing.

If you disagree with any decision made about the payment you are eligible for under the

settlement to replace State Food Assistance benefits, you can call one of the legal services offices

listed below who will help you seek a review of the decision through an informal relief process.

I have questions. Who should I call to get more information?

If you have any questions about the M.K.B. v. Eggleston lawsuit, why you are receiving this

notice, any other notice you may have received in connection with the M.K.B. lawsuit, or your

retroactive benefits under the settlement, you should call INSERT LEGAL SERVICES OFFICE

at 212.666.6666. They represent you, and all other members of the class, in the M.K.B. case -

they are your attorneys.

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END OF DOCUMENT

[belinda63 3,038]

So are you considered a Medicaid disabled person? As I read it other than that you will have to wait five years to be eligible for benefits. Also this is a result of a class action lawsuit which will make good guidelines but what bearing does it have on your specific case?

[SingleDad2usc 71]

The above case is not for disabled, it is for DV survivors. It appears still in force, and it appears to overcome 5y ban on Food Stamps. So:

1. Correct me with a quote, if I'm wrong.

2. Having dealt (or trying to deal) with a lot of workers and supervisors in an NYC Job Centers last few days, I empirically discovered the level of unawareness which even a skeptic wouldn't expect. I conclude that having lost the above lawsuit, the government's natural defense led it to try and ignore the entire subject (in their training). Of about a dozen reps sampled (including supervisory level) only one had ANY awareness of immigrant DV angle. Most surprising was to hand PF to Administrative Judge and to be quickly handed it back with a question "what is this paper". She's never seen a PF before

[Villanelle 4,122]

You are quite tenacious in your research.

According to this article here (http://www.legal-aid.org/en/lawreform/lawreform/civillawreformunit/activecases/publicbenefits/mkbveggleston.aspx) and this one (http://www.empirejustice.org/issue-areas/domestic-violence/battered-immigrants/articles/relief-battered-immigrants.html) which recap the case you dug up, it confirms your experience with the workers in the offices

The M.K.B. plaintiff class consists primarily of immigrants who have been battered and abused by their U.S. citizen or lawful permanent resident spouses and who, in their attempt to flee their abusers and bring their children to safety, have repeatedly sought assistance from HRA (the City’s welfare agency.) Though legally eligible for benefits, plaintiffs were consistently turned away because of programming inadequacies in the City and State welfare computer systems that failed to recognize their particular immigrant eligibility status as well as denials by city workers who had been inadequately trained, poorly supervised and who worked from State and City policy issuances that were often misleading and sometimes completely inaccurate.

The stories of plaintiffs and their often futile attempts to secure assistance are tales of deprivation and extreme frustration. For example, Plaintiff W.J. provided proof to HRA that USCIS had made a prima facie determination of her eligibility for status based on the self-petition she had filed with the immigration agency, a clear indication of her eligibility for benefits. Nevertheless, her request to be added to her child’s benefits case was denied.

With out copy/pasting the whole article(s) it basically states in more readable English then the wording above that the lawsuit was suppose to cause new training and a review of cases in NY that were denied incorrectly.

The main problem was NY was saying you need a SS to get benefits and SS was saying we dont give you a SS number w/o your work auth so the people were being turned away and not getting benefits even though they have PF. They cant do that and had to fix it.

But the article and the lawsuit was about ALL benefits not just food stamps, since you are looking at food stamps in particular... using the legal aid site. if you click on the I need Help button on the right, it brings you to a whole section that might be able to assist you like this-

In the self help guide it states (http://www.legal-aid.org/en/ineedhelp/ineedhelp/self-help/benefits/welfarebenefits/foodstamps.aspx#immigrant)

As an immigrant, can I get Food Stamps?

Starting October 1, 2003, all qualified immigrant children (under age 18) maybe eligible for food stamps. Starting April 1, 2003, anyone who has lived in the U.S. as a "qualified" immigrant for five years may be eligible for food stamps.

The following types of immigrants are "qualified": "Green card" holders (lawful permanent residents), conditional entrants; Refugees, asylees, parolees; Cuban/Haitian entrants, Amerasian immigrants; Persons granted withholding of deportation/removal; and Certain victims of domestic violence or immigrant trafficking.

Qualified immigrants who have lived in the U.S. for five years should apply at their local welfare office. The welfare office should provide a free interpreter to anyone who needs one. If you have questions, call the Welfare Law Line at (215) 227-6485.

Reading it carefully it appears that only qualified immigrants can get food stamps. Qualified appears to include children, and certain victims of DV. However it does then go on to mention qualified immigrants who have lived here for 5 year mark again. There is a number to call for a Welfare Law Line. (not sure whose number it is though (?) states? legal aid?)

They also have legal aid centers http://www.legal-aid.org/en/las/findus/locations.aspx but they advise you that they have limited staff and can not help every one. Perhaps they can advise you of the program rules and let you know if this whole endeavor is simply you barking up the wrong tree and seeking out something youre not eligible for. But if it is, then you can find out if they can assist you in securing the benefits. If they cant because of staff limitations at least they can add you to their files as someone who was denied wrongfully because it appears they were part of the suit that was filed that you dug up.

[SingleDad2usc 71]

Thanks capri, you keep helping indeed... Deep inside the above case there is a mention that FAP ended 2005, and that's why we can't find FAP any more on-line. I'm still in search of NY State substitute to Federal SNAP...

btw, DV survivors who do not have PF can receive Cash/Medicaid according to last paragraph of this:

http://www.dhs.state.or.us/policy/selfsufficiency/publications/ss-im-09-011-attachment.pdf

[Villanelle 4,122]

Yes, according to that they do have a code they can use to enter someone in and give them assistance with out the person having a PF. If the person can bring in enough proof that there is a "safety concern" like a police report or proof of an imminent threat, and at their discretion they can enter you in at that code and provide the benefits. How often do they use that code vs how often they turn the person away and tell them to come back with the PF- I dont know..

As for FAP it seems they changed FAP to Safety Net Assistance and that link I showed you here that was updated June of 2013 (http://nilc.org/state_food.html) does not show NY as having a state funded substitute to SNAP.

Heres another link that was published in March 2012 that shows about the same states and NY was not on it either (http://aspe.hhs.gov/hsp/11/ImmigrantAccess/Eligibility/ib.shtml#SNAP) What happened to the 2 additional states from 2012 to 2013. Why did they drop off (?) Did they stop providing the program? I dont know. Glad youre not in one of them though, but sorry for those who are if they did..

However like I said above you can contact the legal aid center or the Welfare Law Line and simply ask for confirmation as they would know better then anybody what programs exist and you qualify for rather then spending time searching the net for things that may not exist/

[SingleDad2usc 71]

I belatedly notice that my preceding link happens to be Oregon, not NY. Although it seems to apply to any state, state/city workers use of appropriate codes remains the practical obstacle in every individual case. To this end, in certain cases an informal relief, such as M.K.B. in NY, may be the way for a battered immigrant to go.

One thing is for sure: victim's initial application is crucial, and you should insist on seeing Immigration Liaison and DVL right away. Only they, as opposed to regular customer service, are trained to fairly address Immigrant DV survivor benefit needs. Again, it appears that DVL can order benefits for min. 4 months even before the applicant comes up with Prima Facie. Also, shelters have legal authority to distribute Federal funds to those victims who lack appropriate immigration documents

[Villanelle 4,122]

Well heres something-

Sandra posted something in another thread about PRUCOL, and the site also had info about what you originally were inquiring about FAP. One of the problems is when using acronyms, especially out of date ones, they can mean several things.

Currently FAP in NY comes up as Family Assistance Program the info found here on the state site (http://otda.ny.gov/programs/temporary-assistance/) and then breaks it down into two categories FA (family assistance) and SNA (safety net assistance). However neither one are about foodstamps.

FAP use to mean in NY the "Food Assistance Program". Heres an article talking about how they pulled the plug on it in 2005, the reasons why and what you wouldve needed back then to be eligible for it as a DV applicant.

http://www.empirejustice.org/issue-areas/immigrant-rights/access-to-status/state-ends-aid-for-battered.html#.UevUgY1OQ20

There is mention to a court ruling in it if you choose to investigate it further, however based on the time frame in the article I do not think you met the 1996 residency requirements needed to be eligible for back owed benefits.

New York State established the Food Assistance Program (FAP) in 1997 to provide state funded food stamp benefits to the most vulnerable among the many lawfully residing immigrants who had been shut out of the federal program in 1996 because they had not yet become citizens. As first enacted, only those immigrants who were elderly, disabled or children were eligible for FAP. In 2001, recognizing that immigrant victims of domestic violence were also particularly vulnerable, the State authorized them to receive state funded food stamps as well.

To be eligible, the disabled or elderly immigrant, the child or the immigrant victim of domestic violence had to have been living in the US in 1996.

[SingleDad2usc 71]

Thanks, good info as always. My fair hearing was adjourned for approximately a month. Hopefully, the P.A. worker keeps to his word to amend my budget imminently and effective his arbitrary March date. So whatever notice does come to me by mail - that's what Administrative Judge wants to start my hearing with. In my non-ending googling, I saw somewhere that benefit Qualifying Date is PF notice date. Can anyone find this point for me again? I can't LOL

Other than that point, and possibly M.K.B. informal relief - it seems, I have little to ask the Judge for... There appears no NY state Food Assistance since Sept 2005.

I get the feeling that SSA would stonewall non-work SSN, as hinted by that P.A. worker - even if he were not wizzling out of providing support letter. So I'm shifting my focus to EAD. My pro-bono attorney is due to request P.F. Extension anyway in August; so I will ask him to file for EAD as well. How are the dates right now? Say he sends forms to VSC August 1. How long will they take reverting with Biometrics appointment notice? May I just go do Biometrics the moment I get their notice, without waiting for date suggested? How long after Biometrics will EAD photo card will take to arrive? How long after that will SSA take to assign SSN? If my questions appear unduly impatient, it's only because I'm trying to conclude DMV license renewal comfortably before my next non-profit Labor Day road trip which I'm guiding for a large group

Edited July 21, 2013 by SingleDad2usc

[belinda63 3,038]

Can you get an EAD without an approved I-360?

[SingleDad2usc 71]

Obviously, an I-485 would have to go in August 1, wouldn't it?

Although I'm hearing crazy noises...For instance, that same P.A. Worker, instead of doing his job of punching in new codes, referring to Immigration and/or Domestic Violence Liaison, giving me a proper letter to take to SSA, exclaims: Temporary (his emphasis) Work Authorization is given quickly and (seems) to everyone! Is that's what's going on right now? Does f2a becoming current August 1 have any relationship to me (in case my abuser is just LPR)?

Edited July 21, 2013 by SingleDad2usc

[Villanelle 4,122]

I dont really know too much about the specifics about VAWA filings so you may have to wait for Sandra to make her way back to this thread.. And every VAWA filing is different, theres different categories depending of if the persons an LPR or a USC etc. Most VAWA applicants file with the help of an attny so they usually know what they are doing. So I really dont know what specifically you would have to file. You have a lawyer so ask them.

I know I have seen mention of someone saying their 360 was pending (and was taking forever) and they needed the EAD as things changed and they couldnt wait any longer so they filed the 485 and the EAD while it was pending and got the EAD card, but I dont know the specifics of their filings. Other people file all the forms at once it seems. Again, I dont know.

But I can give you general info on the EAD. They take around 90 days. Whether or not you get a biometrics notice will depend on whether or not they have a current set of fingerprints on file for you or need an updated one. Most likely youre going to have to go for prints as you probably havent had them done with in the last year or so Im guessing. You can attempt an early walk in as many people are successful at early walkins but its not a guarantee they allow it. Some places are strictly against it, some arent. Search the forum for the location youd be attempting the early walk in at and see if anyone posted experiences or google and see whats up.

But youre looking at apx 90 days max from the date you file to receive your EAD card in the mail. Some people get them sooner (2 months) But the safe bet is to assume it will take the longest approximation which is 3 months.

As for the SSN, you can attempt to go down and get one with out the EAD but all indications I have is similar to what the worker already told you. The PF only entitles you to obtain certain public benefits. To obtain a SSN you need the EAD, and 3 months from Aug is Nov.

You would then apply at the SS office (theres plenty of threads on VJ mostly in the K1 section) and they may be able to provide you with the number but they dont give you the card. They would have to verify you in the database, which can take a while and then your card comes in the mail and that can be about 7-10 days later.

So when the worker said "temp work auth is given quickly and to everyone" He means that all VAWA applicants (everyone) are eligible to file for EAD (temp work auth) and are approved (its given) with in 3 months (quickly).

However the hoops you need to jump through to make that happen is another story.

Edited July 21, 2013 by capri

[SingleDad2usc 71]

Hey thanks for lots of theoretical detail. It certainly sounds like not a one month completion... I think a few in VAWA threads were reporting like one week wonders, and that made me overly optimistic.

So does anyone know most recent examples, say:

1. August 1 pro-bono attorney sends in (together with PF extension request) an EAD application+fee waiver and I-485, if unavoidable. Does f2a CURRENT fuss have any relationship to me (if abuser is in fact just LPR, not USC)?

2. How long after the receipt will VSC send me biometric notice? Has anyone in NYC walked in immediately?

3. How many days after fingerprinting did your EAD card actually arrive, if u have recent experience?

4. Was SSA office able to assign SSnumber (not physical SSN card) instantly upon showing them EAD? How long is this kind of EAD valid for?

Edited July 21, 2013 by SingleDad2usc

[SingleDad2usc 71]

Good news for everyone dealing with P.A. In NYC: I just noticed both my cash balance and food stamp balance change! The worker who took over 4 months after scanning my PF, must have finally put some codes into the children's case that effected the budget. I'll post more details when I receive the breakdown letter, which is what Administrative Judge wanted me to produce at the hearing before she can proceed with the fairness assessment.

The balances are still very nominal. I'm preparing to apply for EAD, and I'm wondering if August 1 f2s has any bearing on an I-360 applicant (?)

Also, how long is first EAD valid for, and how quick does it seem to process this summer?