What is a “Prima Facie Determination”? – Part II

I have received a lot of feedback and interest from my first blog post, “What is a Prima Facie Determination.” In this post, I will attempt to answer some of the most common questions that client have once they have received their Prima Facie Determination notice from USCIS.

As you review this information, please understand that I am an IMMIGRATION LAWYER and not a specialist in U.S. government benefits. IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE SPECIFIC PROGRAMS BELOW, PLEASE DIRECT THEM TO THE RELATED GOVERNMENT AGENCIES, NOT TO MY OFFICE.

Why did USCIS send me a Prima Facie Determination notice?

USCIS has determined that you have met the minimum requirements for approval of your I-360 petition. While your petition is still under review and it could be denied, since you have demonstrated a substantial likelihood that you are a victim of abuse, USCIS wants to make sure that you have access to certain public benefits and financial assistance that may help you during this difficult time of your life.

What Public Benefits are available to me if I have received a Prima Facie Determination notice?

First of all, it is important to know that there are certain public benefits and services that are available to ALL people, regardless of their immigration status, including:

• Crisis counseling and intervention programs
• Services and assistance relating to child protection
• Adult protective services
• Violence and abuse prevention
• Services to victims of domestic violence or other criminal activity
• Treatment of mental illness or substance abuse
• Programs to help individuals during periods of adverse weather conditions
• Soup kitchens and community food banks
• Senior nutrition programs and nutritional programs for persons requiring special assistance
• Medical and public health services
• Short-term shelter or housing assistance for the homeless. victims of domestic violence, and runaway, abused, or abandoned children.

IN ADDITION to these benefits, there are many other public benefits and programs that are available, but ONLY to “qualified immigrants.” VAWA self-petitioners who receive a Prima Face Determination notice are considered to be qualified immigrants, as long as the determination notice is valid. Usually, this is for a period of one year from the date of the notice. If USCIS still has not made a decision on your I-360 within that one-year period, they will usually send you another notice which extends your Prima Facie Determination period for one additional year. If you have not received an extension and your period is about to expire, it is recommended that you contact USCIS and advise of your circumstances and try to get an extension, either through the customer service line (800-375-5283) or by making an InfoPass appointment.

As a Qualified Immigrant you may be entitled to benefits under the following programs:

By the Department of Health and Human Services:

• Adoption Assistance
• Administration on Developmental Disabilities (ADD)
  • State Developmental Disabilities Councils (direct services only)
  • Special Projects (direct services only)
  • University Affiliated Programs (clinical disability assessment services only)
• Adult Programs/Payments to Territories
• Agency for Healthcare Policy and Research Dissertation Grants
• Child Care and Development Fund
• Clinical Training Grant for Faculty Development in Alcohol & Drug Abuse
• Foster Care
• Health Profession Education and Training Assistance
• Independent Living Program
• Job Opportunities for Low-Income Individuals (JOLI)
• Low Income Home Energy Assistance Program (LIHEAP)
• Medicare
• Medicaid (except assistance for an emergency medical condition)
• Mental Health Clinical Training Grants
• Native Hawaiian Loan Program
• Refugee Cash Assistance
• Refugee Medical Assistance
• Refugee Preventative Health Services Program
• Refugee Social Services Formula Program
• Refugee Social Services Discretionary Program
• Refugee Targeted Assistance Formula Program
• Refugee Targeted Assistance Discretionary Program
• Refugee Unaccompanied Minors Program
• Refugee Voluntary Agency Matching Grant Program
• Repatriation Program
• Residential Energy Assistance Challenge Option (REACH)
• Social Services Block Grant (SSBG)
• State Child Health Insurance Program (CHIP)
• Temporary Assistance for Needy Families (TANF)

By the Department of Agriculture:

• Food Stamps

By the Department of Housing:

• Open to All Immigrants Without Immigration Restriction
  • Continuum of Care (CoC) Program
  • Emergency Solution Grants (ESG) Program
  • Street Outreach Services
  • Safe Haven
  • Rapid Re-Housing
• Open Only to Immigrants Listed in Section 214 of the Housing Act
  • Public Housing
  • Housing Choice Voucher Program
  • Project-Based Voucher Program
  • Section 8 Moderate Rehabilitation
  • Section 8 Moderate Rehabilitation Single Room Occupancy (SRO)
  • Section 202 Supporting Housing for the Elderly with Section 8 Assistance
  • Section 811 Supportive Housing for the Elderly with Section 8 Assistance
  • Section 236 Preservation Program (including Rental Assistance Payment (RAP)
  • Section 235 Homeownership Housing
  • Housing Development Grants (HoDAG)
  • Rural Development housing programs
  • Section 23 Leased Housing Assistance Program

Will I need a social security number to apply for and receive any of these public benefits?

Yes, you probably will need a social security number to apply for and receive public benefits in the United States, both at the state and federal level. Note that you should be able to apply for a non-work social security number with the Social Security Administration (SSA). Some staff members in the SSA may be unfamiliar with your qualified immigrant status and your Prima Facie Determination notice. However, do not let this discourage you from applying and asking for supervisory review, if necessary.

If I apply for and receive public benefits and government assistance, will this cause problems with my Immigration case and make me ineligible to get my green card?

No, unless you seek to adjust status through an employment-based category. As a qualified immigrant under VAWA, you are specifically excepted from the definition of public charge. This was even made clear under the new Public Charge Rule that went into effect on February 22, 2020. While there is always a possibility that the law can change in the future and that you will not be exempt, there is a very low chance of this happening, as VAWA applicants and beneficiaries have always been considered to be a protected class due to the reasons why they filed a VAWA petition in the first place. It is probably also safe to assume that, for now at least, if USCIS has sent you a Prima Facie Determination notice that specifically tells you that it may assist you in receiving public benefits that you will not be penalized for acting on the notice by applying for government assistance.

As you review this information, please understand that I am an IMMIGRATION LAWYER and not a specialist in U.S. government benefits. IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE SPECIFIC PROGRAMS BELOW, PLEASE DIRECT THEM TO THE RELATED GOVERNMENT AGENCIES, NOT TO MY OFFICE.