or More
Is aid terminated if the individual is absent from the County 60 days or more?
Yes, if the individual is absent from the County 60 days or more, it is presumed that he/she no longer resides in the County, and when the information is input, LEADER will fail the case.
NOTE: Fifteen calendar day residency requirements apply to GR only, not to Food Stamps. GR 42-403 –
Verification of Residence/
Immigration Status
What is needed to verify Residence/Immigration Status?
Verification is listed below: GR 42-403.1 –
Verification: U.S. Citizen
Verification: U.S. Citizenship
The individual’s statement on the application that he/she is a U.S. citizen is acceptable unless
contradicted by other evidence (e.g., individual was born in another county, conflicting information in the
case record or information received from another source which makes the individual’s claim of citizenship questionable). GR 42-403.2 – Verification: Eligible Immigrant Verification: U.S. Citizenship
The individual’s statement on the application that he/she is a U.S. citizen is acceptable, unless contradicted by other evidence.
Refer to GR 40-113.5 and GR 40-113.6 for acceptable evidence.
Example 1
An individual declares that he is a U.S citizen, born in Texas; however, the case record shows the
individual’s place of birth is Belize. Conflicting
information in the case record makes the individual’s claim of citizenship questionable.
Example 2
An individual declares that he is a naturalized citizen, born in Ecuador. There is no conflicting information in the case record to the contrary. In this case, the individual’s statement is acceptable.
GR 42-403.3 –
Verification: Lawfully Present
Permanent/Indefinite
Verification:
Immigrants Lawfully Present in the U.S. for a Permanent or Indefinite Period
Acceptable verification includes the following, provided that there is no time limit on how long the immigrant may remain in the U.S.:
• I-151 or I-551. As of 1991, the I-151 and I-551 contain an expiration date ten years from the date of issuance, or three years for those married to a U.S. citizen. The expiration date on an I-151 and I-551 issued as of 1991 does not limit how long the immigrant may remain in the U.S. This expiration date is merely a means of control for USCIS. This is not an expiration date, merely a means of control.
• Other types of USCIS documents that indicate the immigrant may remain permanently or indefinitely
in the U.S. (including, but not limited to, the I-94). • A G-845 SAVE, USCIS/INS Document Verification
Request and/or G-845 SUPPLEMENT, USCIS/INS Document Verification Request Supplement (out of drawer forms), completed by USCIS, which
shows the immigrant may remain permanently or indefinitely in the U.S.
Note: The G-845 SAVE and/or G-845
SUPPLEMENT are sent to USCIS via mail and a 30-day FAC is initiated for the return of the form(s),
• A completed PA 696, Alien Status Verification Form, (an out of drawer form) which shows the immigrant may remain permanently or indefinitely in the U.S. A 20-day FAC is set for return of the form.
GR 42-403.4 – Verification:
“Immigration Reform and Control Act of 1986” (IRCA)
Verification:
Immigrants Granted Temporary Resident Status Under IRCA
Verification is an I-688, Temporary Resident Card. GR 42-403.5 –
Verification: Intent to Reside
Verification:
Intent to Reside in County
The individual’s statement on the application is
acceptable evidence of intent to reside in Los Angeles County, unless contradicted by his/her actions or other evidence.
Is there a chart that has information on
verification for each kind of immigrant and which immigrants are eligible to GR?
Yes, see the following:
Immigrant Status USCIS
Documentation Eligible to GR? GR 42-404 – Immigrant Eligibility Chart Alien Visitor No
Amerasian I-94, Arrival/Departure Record, or I-155 Yes, when they have time expired their period of eligibility
Asylee I-94 stating
asylum granted per Sec. 208 of the USCIS or I- 155-1 indicating codes AS6, AS7, AS8 Yes Battered/Violence Against Women Act (VAWA) USCIS documents that indicate an approved petition, a prima facie or a pending petition for self- petitioners are the I-797 or I- 797C Yes
Conditional Entrant N/A No
Diplomats N/A No Deportation Withheld/Withholding of Removal Order of the Immigration Judge, document showing Withholding of removal granted by the Immigration Court. Eligible until USCIS revokes the indefinite status Hmong/Indo Chinese Highlanders N/A No Humanitarian Parolee I-94, Arrival/Departure Record with the word “parolee” indicated
IRCA/Omnibus Budget Reconciliation Act (OBRA) Aliens I-151, I-551, I- 94, or other USCIS document showing permanent resident status Yes Lawful Permanent Resident (LPR) I-151, I-551, I- 94, or other USCIS document showing permanent resident status Yes PRUCOL No Refugee Cuban/Haitian Deportation Withheld
I-94, I-551 Eligible until
USCIS revokes the
indefinite status
Sponsored Alien I-151, I-551, or
other USCIS document showing permanent resident status Yes
Student Visa N/A No
Tourist Visa N/A No
Undocumented Alien N/A No
Work Visa N/A No
GR 42-405 – VAWA/Battered Immigrants GR 42-405.1 – Definition – VAWA
What does VAWA mean?
In 1994, the Violence Against Women Act (VAWA) was passed to allow abused non-citizens or LPRs to self-petition (apply directly) to the USCIS on their own behalf without the assistance of the abusive
GR 42-405.2 – Verification
Verification: USCIS documents that indicate an approved petition, a prima facie or a pending petition for self-petitioners are the I-797 or I-797C. Some notices may state that they are valid for up to 150 days. However, the case should not be denied/discontinued due to the 150 day expiration. The status must be verified by one of the
following methods:
• Sending the PA 42, VAWA Fax Inquiry, (an out of drawer form) to the USCIS Vermont Service Center at (802) 527-3159. Case Comments are updated with the results of the inquiry.
• USCIS Case Status Online Service at
http://www.uscis.gov may be used to check the status of a petition for lawful immigration status. To access an individual’s petition status, the application receipt number in input. The
application receipt number is found on the forms provided to individuals after they have submitted an application to the USCIS center. An update is immediately provided, which is printed and
maintained in the case record. Case Comments are updated with the results of the inquiry.
• USCIS National Customer Services Center at (800) 375-5283 may be used to check the status of a petition for lawful immigration status. To access the petition status, the initial menu options are followed to select language preferences, etc. From the six menu options given, Option 1 for “all questions about a pending case” is chosen. The receipt number is entered, when requested. An update on the status will be immediately provided. Case Comments are updated with the results of the inquiry.
GR 42-405.3 – Approved Petition
What is an approved petition?
An approved petition may indicate that USCIS has exercised the option to place the person in deferred action. This is valid for the specified period of time as indicated on the document. If a renewal/approved petition is not approved and the time period has expired, an inquiry is made.
GR 42-405.4 – Prima Facie
What is a prima-facie?
A prima-facie means that the USCIS has determined that based on the face value of the evidence the case appears to be valid. A prima facie determination is an interim decision pending an approval/denial of the petition. Once the USCIS makes a prima-facie determination, the battered non-citizen will receive a prima facie notice. Cases should not be
denied/discontinued due to the 150-day expiration. An inquiry is made.
Refer to GR 42-405.2 for inquiry methods. GR 42-405.5 – Pending
Petition
What is a pending petition?
A pending petition is one that has been submitted to the USCIS and a final decision has not yet been provided.
GR 42-405.6 – Specialized File
Are VAWA cases in a special file?
Yes, once an individual has been identified as a victim of domestic abuse, the case is assigned to the
Domestic Violence Worker and the battered non- citizen is given the following Legal Aid telephone numbers for legal assistance (323) 640-3883 and (800) 433-6251.
GR 42-405.7 –
Employability Status
What is the employability status for VAWA individuals?
VAWA individuals are designated Administratively Unemployable. This information is entered in the ABP 597, Determination of Needs Special Assistance or Administratively Unemployable Status, and in case comments.
GR 42-406 –
Residence & Mailing Address
GR 42-406.1 – Residence Address
Are individuals required to have a residence address?
No, individuals are not required to have a residence address.
• The district office of application may be used as the residence address.
• Post Office Box, Commercial Mail Receiving Agent (CMRA), Community Agency or Mail Drops
cannot be used as a residence address. GR 42-406.2 – Mailing
Address
Are individuals required to have a mailing address?
Yes, individuals are required to have a mailing address.
GR 42-406.3 – P.O. Box/CMRA/Mail Drop
Can an individual use a local P.O. Box,
Community Agency, CMRA, or Mail Drop address for their mailing address?
Yes, a local P.O. Box, Community Agency, CMRA, or Mail Drop address may be used for a mailing address – not a residence address.
GR 42-406.4 – District