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Your
Rights to Public Benefits
Recent changes to
welfare and immigration laws may affect your eligibility for benefits.
Following is a list of some of the important changes:
Food Stamps
If you are a
Lawful Permanent Resident (LPR) and wish to receive food stamps, you
must prove that you have worked 40 "qualifying quarters" (one quarter
is approximately equal to three months of work) in the United States.
This means you must:
 | have worked
at least 40 calendar quarters (10 years) in the U.S., OR
|
 | you and your
spouse must have worked 40 quarters in the U.S. combined, OR
|
 | your parents'
quarters worked in the U.S. while you were under 18 and YOUR
quarters worked in the U.S. must add up to 40.
|
 | have tax
forms, pay stubs and receipts to show that you have worked at least
40 quarters in the U.S. -- they are very important. You should
always keep these documents to help prove you are eligible for
public benefits. |
In 1998, the
food stamps laws changed to allow many more immigrant children,
disabled persons, and senior citizens to receive food stamps, even if
they do not meet all of the above conditions.
IMPORTANT
NOTE: If you are undocumented, your United States Citizen
children, if otherwise eligible, can receive Food Stamps. Simply tell
your caseworker that you want to apply for food stamps for your
children ONLY. IF YOU ARE ONLY APPLYING FOR BENEFITS FOR YOUR
CHILDREN, YOU ARE UNDER NO OBLIGATION TO PROVIDE INFORMATION REGARDING
YOUR IMMIGRATION STATUS OR YOUR SOCIAL SECURITY NUMBER TO FIA!
Child Day Care
If you think
that your child is eligible to receive Child Day Care benefits, apply
at the FIA office in your county for these and other government
benefits. Immigration status questions and Social Security Numbers are
required only for the child. WARNING: Undocumented parents
should not provide information about their immigration status or
social security numbers.
Medicaid
(Medical Assistance)
LPRs who have
worked 40 qualifying quarters may be eligible for Medicaid benefits,
if the state where they apply allows non-citizens to receive Medicaid.
Most states, including Michigan, allow qualifying LPRs to receive
Medicaid. Emergency medical assistance cannot be denied to any alien
or immigrant.
IMPORTANT
NOTES: Receiving Medicaid, Food Stamps or FIA Day Care should NOT
affect your immigration case, and should NOT be used to keep you from
becoming a U.S. citizen.
Also, if you are
only applying for benefits for a relative, you are under no obligation
to provide information regarding your immigration status to FIA.
INS Reporting
The Reporting
requirement is only applicable to the individual applying for the
benefits. In other words, the undocumented mother who is applying for
her US born child's benefits does not fall under the reporting
requirement.
The FIA MAY NOT
report an individual seeking benefits based on:
1. an
applicant's oral or written admission,
2. a suspicion by a caseworker regarding the immigration status of
an applicant,
3. a finding that an applicant is ineligible for a benefit based on
anything except a formal determination by the INS.
The reporting
requirement does not apply UNLESS there is a FORMAL finding by the
agency, and the formal finding is based on evidence provided to them
by the INS. Otherwise, the FIA MAY NOT report individuals due to the
immigration status.
IMPORTANT
NOTE: Also, FIA is required to provide you with an interpreter if
you do not speak English and your caseworker does not speak your
language. FIA cannot ask your relative to translate for you!
MI Child
MI Child is a
new health insurance plan for Michigan children who have no other
insurance. For $5 per family per month, medical, dental, eye care, and
prescription expenses are covered for children under 19 of qualifying
families. To qualify, the child must:
· not be
eligible for Medicaid. (This means that the family income must be
between 150% and 200% of the poverty level. For example, a family of
four must earn between $2,100 and $2,800 a month in order to
qualify.)
· be either a U.S. citizen or an LPR who has been in this country
legally at least since August 22, 1996 (the child's parents need not
be either citizens or LPRs);
· have no other health insurance of any kind available to them --
even insurance with a high deductible or limited coverage.
MI Child
requires that you enroll in "managed care." This means that you can
only get care under MI Child from the organization in which you are
registered. Many of the migrant health clinics are served by an
organization called Community Choice Michigan (CCM). In order to be
served by multiple migrant health clinics throughout the State, you
may wish to enroll in CCM when you are given an option.
To enroll, call
MI Child at 1-888-988-6300. Spanish language application forms are
available upon request.
Denials and Appeals
If you apply for
public benefits and are cut off or denied (or are denied an
opportunity to apply), ask for a decision in writing and contact an
FLS office immediately. You must appeal within the time allowed or you
will lose your right to challenge the decision. If your benefits are
cut off, and you appeal soon enough, you may continue to receive
benefits until you get a hearing in front of a judge.
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Information, Not Legal
Advice. We are providing this information as a public
service. We try to make it accurate as of the date noted in the
materials. Sometimes the laws change. We cannot promise that this
information is always up-to-date and correct.
We do not intend this information to
be legal advice. By providing this information, we are not acting
as your lawyer. If you need legal advice, you should contact a
lawyer through your local legal aid organization. Always talk to a
competent lawyer, if you can, before taking legal action.
E-mail. Viewing
this web site, or sending an e-mail message to the Michigan Poverty
Law Program or other legal organization through this web site, does
not create an attorney-client relationship between the Michigan
Poverty Law Program or other organization and you. Sending e-mail
to an attorney mentioned in this site does NOT create an
attorney-client relationship between you and the attorney.
Unless you are already a client, your e-mail may NOT be
protected by the attorney-client privilege. Also, unless it is
encrypted, e-mail can be intercepted by other people.
Deadlines are extremely important in most legal matters.
You may lose important legal rights if you do not obtain an attorney
immediately to advise you. Many people do not check their e-mail
daily, and some attorneys do not respond to unsolicited e-mail.
Lawyer Advertising. This
web site is not intended to be advertising or
solicitation. Hiring a lawyer is an important decision that should
not be based on advertisements. Before hiring an attorney, you
should investigate his or her reputation and qualifications.
Links. Some of the items
listed here have not been prepared by us, but are instead "links" to
information prepared and posted by others. We cannot guarantee the
accuracy of information posted on other sites. The links are not
intended to imply that we sponsor or are affiliated or associated
with the people who created those sites, nor are the links intended
to imply that we are legally authorized to use any trade name,
registered trademark, logo, legal or official seal, or copyrighted
symbol that may be reflected in the links. |
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