12/06/2024
Policy Memo
This Policy Memo obsoletes Policy Memo Cuban, Haitian, Nicaraguan and Venezuelan Non-Citizen Application Processing dated 12/22/2023.
Summary
- This Policy Memo provides guidance for processing applications received by Cuban, Haitian, Nicaraguan and Venezuelan non-citizens who have entered the U.S.
- Certain Cuban and Haitian non-citizens who enter the U.S. may be eligible for federal benefits. Those ineligible for federal benefits who possess a different USCIS status may be eligible for state-funded benefits through Victims of Trafficking, Torture or Other Serious Crimes (VTTC) program.
- 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.
Certain Cuban and Haitian non-citizens who enter the U.S. may be eligible for federal benefits. Individuals determined ineligible for federal benefits may qualify for benefits under the state funded VTTC and/or AATV programs. Individuals must meet all other non-financial and financial factors of eligibility.
Venezuelan and Nicaraguan individuals who enter the U.S. and are either undocumented, in Humanitarian Parole status, or another USCIS status that does not authorize eligibility for federal benefits, are not currently eligible for Refugee Resettlement or federal mainstream benefits but may qualify for state funded benefits.
Note: Individuals authorized under Venezuelan Humanitarian Parole (VHP) or Nicaraguan Humanitarian Parole (NHP) are not eligible for federal benefits under this status. However this status allows individuals to seek a lawful presence status such as Asylum that would meet the non-financial criteria for USCIS status for the VTTC programs.
Application Processing
When an individual from one of the aforementioned countries applies for benefits in person and is requesting Cash and/or Food Assistance with Medical coverage, staff should conduct an interview. If the application is received via ABE, mail or by telephone, conduct a telephone interview.
If an application is received requesting medical coverage only, an interview is not required, but may be conducted if needed to process the application.
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 Case Comments in IES 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.
Definition
Cuban and Haitian Entrants are defined as follows:
- Any individual granted parole status by the Department of Homeland Security (DHS) as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for the nations of Cuba or Haiti, regardless of the individual status at the time of assistance services are provided; and
- Any other national of Cuba or Haiti
- Who:
- was paroled into the US and has not acquired any other status under the Immigration and Nationality Act (INA);
- is the subject of exclusion or deportation proceedings under the INA; or
- has an application for asylum pending with DHS: and
- With respect to who a final, non-appealable and legally enforceable order of deportation or exclusion has not been entered, Cuban and Haitian Entrants along with Cubans in some other categories (see below) are eligible to apply for adjustment of status after one year in the US.
Eligibility
Federally Funded Benefits
Cuban and Haitian Entrants are eligible for federal benefits and services from the date they first enter into Cuban/Haitian Entrant status. Any individual granted parole as a Cuban or Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status the individual at the time assistance is provided. This status provides eligibility for these individuals under federal benefit programs.
Individuals from these countries may arrive with different types of documents and statuses. Below are the scenarios and some examples of acceptable documentation when determining eligibility for federal programs.
- Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the individual status at the time assistance or services are provided.
| Document Type Examples |
Parole Status / Stamp / Comments |
| CBP I-94 Arrival/Departure Record |
May indicate 212(d)(5) with one of the following stamps:
- DT (Cuban/Haitian Entrant)
- parole an any time as a Cuban/Haitian Entrant (Status Pending)
- parole into the US on or after 04/21/1980
- CHP - Cuban Humanitarian Parole
- HHP - Haitian Humanitarian Parole
|
| USCIS I-551 (LPR/Green Card) |
USCIS Class of Admission (COA) Code:
|
| Cuban or Haitian Passport |
Stamp indicating 212(d)(5) issued after:
|
- A national of Cuba or Haiti who was paroled into the US and has not acquired any other status under the INA and with respect to whom a final, non-appealable and legally enforceable order of removal, deportation or exclusion has not been entered.
| Document Type Examples |
Parole Status / Stamp / Comments |
| USCIS I-766 Employment Authorization Document (EAD) |
USCIS Class of Admission (COA) Code:
|
| CBP I-94 Arrival/Departure Record |
Stamped with one of the following:
- 212(d)(5)
- humanitarian or public interest parole
|
- A national of Cuba or Haiti who is subject to the removal, deportation or exclusion proceedings under the INA and with respect to whom a final, non-appealable and legally enforceable order of removal, deportation or exclusion has not been entered.
| Document Type Examples |
Status / Comments |
| EOIR I-221 |
Order to Show Cause and Notice of Hearing |
| DHS I-862 |
Notice to Appear |
| USCIS I-220A |
Order of Release on Recognizance |
| EOIR I-122 |
Notice to Appear Detained for a Hearing Before an Immigration Judge |
| EOIR I-221S |
Order to Show Cause, Notice of Hearing and Warrant for Arrest |
| USCIS I-589 - Application for Asylum and Withholding of Removal |
Date stamped by EOIR |
| USCIS I-589 - Application for Asylum and Withholding of Removal |
Receipt of Filing from DHS |
| USCIS I-485- Application to Register Permanent Residence or Adjust Status |
Date stamped by EOIR |
| EOIR 26 - Notice of Appeal |
Date stamped by Office of the Immigration Judge |
| USCIS I-766 Employment Authorization Document |
USCIS Class of Admission:
- C10
- Application for suspension of deportation or cancellation of removal submitted
|
| DHS I-688B - Employment Authorization Document (prior to 10/01/2006) |
Provision of law 274a.12(c)(10) |
| Other Applications for Relief |
Date stamped by EOIR |
- A national of Cuba or Haiti who has an application for asylum pending with DHS/UCIS and with respect to who a final, non-appealable and legally enforceable order of removal, deportation of exclusion has not been entered.
| Document Type Examples |
Status / Comments |
| USCIS I-589 - Application for Asylum and Withholding of Removal |
Receipt of Filing from DHS |
| USCIS I-766 Employment Authorization Document (EAD) |
USCIS Class of Admission (COA) Code:
|
| DHS I-688B - Employment Authorization Document (prior to 10/01/2006) |
Version of this document is no longer issued but is still in use |
State Funded Benefits
Venezuelan and Nicaraguan individuals including those with Humanitarian Parolee status are not currently eligible for federal Refugee Cash and Medical Assistance or SNAP, however they may be eligible for state funded benefits under VTTC and/or AATV. Below are some examples of acceptable documentation when determining eligibility.
| 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 as follows:
- DT
- VHP - Venezuelan Humanitarian Parole
- NHP - Nicaraguan Humanitarian Parole
|
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 each EDG denied and/or approved as appropriate, then transferred to Special Units (Office 209) for determination of eligibility for VTTC and/or AATV benefits. See Action Memo VTTC Cash and State Food EDGs - Processing Resumed, dated 07/02/2024 for further instruction.
When determining eligibility for federally funded medical programs, some exceptions may apply:
- Children under 19 years of age;
- Pregnant women of any age.
If it is determined Cash, Food Assistance must be denied for federal benefits, but Medical can be approved for any individual(s) meeting the criteria above, the Medical EDG(s) should be approved prior to sending to Special Units for processing of state-funded benefits.
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 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 - Cuban/Haitian - I-94 annotated with 243(h), 212(d)(5)
- 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 Parole status.
- A case comment should be added indicating the US Date of Entry field is being utilized for the date 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
Changes to IES were implemented in March 2024 to allow processing of state funded VTTC programs. Staff should review policy memo, Victims of Trafficking, Torture or Other Serious Crimes (VTTC) - Processing Now Available in IES, dated 04/22/2024, for further instruction.
[signed copy on file]
Dulce M. Quintero
Secretary-Designate, Illinois Department of Human Services
Elizabeth M. Whitehorn
Director, Illinois Department of Healthcare and Family Services
