12/22/2023
Policy Memo
Summary:
- This Policy Memo provides guidance for processing applications received by Cuban, Haitian, Nicaraguan and Venezuelan non-citizens who have entered the U.S.
- Federal rules have changed regarding Cuban, Haitian, Nicaraguan and Venezuelan non-citizens and their eligibility for different benefits.
- Certain Cuban, Haitian, Nicaraguan and Venezuelan non-citizens who enter into the U.S. may be eligible for federal benefits while others who possess a different USCIS status may be eligible for state-funded benefits through Victims of Trafficking, Torture or Other Serious Crimes (VTTC).
- Documentation must be verified when determining eligibility for federal or state funded benefits.
This Policy Memo provides guidance on processing applications received by Cuban, Haitian, Nicaraguan and Venezuelan non-citizens who have entered the U.S. Federal rules have changed regarding individuals entering from these countries.
Certain Cuban, Haitian, Nicaraguan and Venezuelan non-citizens who enter the U.S. may be eligible for federal benefits. Individuals that are not eligible for federal benefits may qualify for benefits under the state funded VTTC program. Individuals must still meet all factors for other programs of non-financial and financial eligibility.
Application Processing
When an individual from one of the aforementioned countries applies for benefits in person, staff should conduct an interview. If the application is received via ABE, mail or by telephone, conduct a telephone interview.
Staff should review documents for each individual applying for benefits. Documents presented must be stamped with the date the individual entered the U.S. This date should be added to a case comment for historical purposes if it is determined the individual's status is considered "undocumented" for the purpose of processing the denial for federal benefits.
Regular eligibility and interview procedures apply based on program; however, additional questions should be included for non-citizens who may not qualify for federal benefits and there may be reason to believe an individual in the household may qualify for a state-funded program that covers victims of trafficking, torture or other serious crimes or someone seeking asylum due to persecution or fear of persecution under federal guidelines.
If an individual from one of the aforementioned countries presents with status of 212(d)(5) and a stamp of DT, this would be entered in IES as "undocumented" on the Non-Citizen Details screen in IES as this status does not meet USCIS status for eligiblity for federal benefits.
Eligibility for Federal Benefits
Cuban and Haitian Entrants and Cuban, Haitian, Nicaraguan and Venezuelan Humanitarian Parolees are eligible for federal Refugee Cash and Medical Assistance for a period of 12 months from the date they receive parole status.
Individuals from these countries may arrive with different types of documents and statuses. Below are some examples of acceptable documentation when determining eligibility.
| Document Type Examples |
Parole Status / Stamp |
|
Unexpired Foreign Passport
I-94 Arrival/Departure Record
I-551 LPR
I-766 - Employment Authorization Document
Other valid USCIS document indicating entry into the US
|
Stamped with 212(d)(5) and Class of Admission as follows:
- CHP - Cuban Humanitarian Parole
- VHP - Venezuelan Humanitarian Parole
- HHP - Haitian Humanitarian Parole
- NHP - Nicaraguan Humanitarian Parole
- CHE - Cuban / Haitian Entrant (Status Pending)
|
Eligibility for State Funded Benefits
| Document Type Examples |
Non-Humanitarian Parole Status / Stamp |
|
Unexpired Foreign Passport
I-94 Arrival/Departure Record
I-766 Employment Authorization Document
Other valid USCIS document indicating entry into the US
|
Stamped with 212(d)(5) and Class of Admission of DT |
FCRC Responsibilities
When an individual is determined ineligible for federal benefits due to citizenship/USCIS status and one or more of the applicants indicates they may be a victim of trafficking, torture or other serious crimes or intend to seek asylum, the application should be processed for federal benefit eligibility and denied as appropriate, then transferred to Special Units (Office 209) for determination of eligibility for VTTC benefits. See Policy Memo Special Units Now Handling Non-Citizen Victims of Trafficking, Torture, or Other Serious Crimes Cases, dated 04/20/2020 for further instruction.
Special Units Responsibilities
Upon receipt of transferred applications, review documents for each individual applying for benefits. Regular interview procedures apply based on program; however, additional questions should be included for non-citizens who do not qualify for federal benefits and there may be reason to believe an individual in the household may qualify for a state-funded program that covers victims of trafficking, torture or other serious crimes or someone seeking asylum due to persecution or fear of persecution under federal guidelines. For further instruction, see the following: Desk Aid Processing Applications for Non-Citizen Individuals and State Funded Programs (VTTC) and Policy Memo Cash and Food Assistance for Non-Citizen Victims of Trafficking, Torture, or Other Serious Crimes (VTTC) - Clarification, dated 02/24/2023.
Application Processing in IES
Federally Funded Benefit Eligibility
Cuban/Haitian Entrants and Cuban, Haitian, Nicaraguan and Venezuelan Humanitarian Parolees eligible for federal benefits should be processed as follows:
Individual Interviewed/Applicant Details
- Interview Mode - In Person.
Relationship Details
- Relationship Verification - Other Acceptable (unless other valid verification provided).
Citizenship/Residency
- ID Verification - Immigration Documents (Government Issued).
- Residency - Document from US Dept. of Homeland Security (unless other valid verification).
Non-Citizen Details
- Non-Citizen Admission Status - Documented.
- Non-Citizen Type/Doc - Refugee I-94 annotated with 207.
- Document in Case Comments the actual form provided in place of this entry.
- Non-Citizen Type Verification - Other INS Records.
- US Date of Entry - Date the individual obtained Entrant or Humanitarian Parole status.
- A case comment should be added indicating the US Date of Entry field is being utilized for the date Humanitarian Parole was granted in place of the US Date of Entry for this individual, listing the individual by name.
- Country of Issuance - Country who issued document (if available, i.e., foreign passport)
- Non-Citizen 40 Qualifying Quarters - No.
- Sponsor - No.
Family Assessment Details/RSP
- Complete during interview and in correlation with services from other Refugee Services/Entities. Have head of household sign RSP Signature Page and upload to Electronic Case Record (ECR).
Note: After certification, review the IL444-360C, Notice of Decision for accuracy including the approval period. If incorrect, suppress the incorrect notice and generate a manual IL444-360C, Notice of Decision.
State Funded Benefit Eligibility
At the time of this policy memo, VTTC state funded program eligibility for Cash and Food is processed outside of IES and within Special Units. Policy will be updated once IES implementation for VTTC application processing is complete.
Forms
Desk Aid
[signed copy on file]
Dulce M. Quintero
Secretary-Designate, Illinois Department of Human Services
Theresa Eagleson
Director, Illinois Department of Healthcare and Family Services
