Lomita, CA asked in Immigration Law, Health Care Law, Public Benefits and Social Security for California

Q: Permanent resident can't receive CalFresh not cash assistance?

My GF has had applied for CalFresh assistance and just has received a phone call from the worker asking all sorts of questions.

According this worker, they expect that GF would supply details about how she had obtained the green card many years ago, along with detailed information about her ex-husband, his current status, etc etc.

Because of sensitivity of this issue she has chosen to abandon her application for assistance.

My question for a Lawyer- Is this case worker following the appropriate protocol in this situation? Because my analogy is it's like coming to the hospital for help and being asked to provide documentation on people who have been left behind long time ago.


Your answer?

Thank you.

1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: She only needs to provide proof of lawful permanent resident status by way of her alien number. Perhaps, she can also show a copy of her ‘valid card.’ She has no other status, so other questions seem irrelevant, perhaps, unless this concerns more, which seems questionable.

Any other questions by a State or municipal agent ‘seem’ to go beyond the requirements of Federal law. She can ask to speak with a supervisor. She should authoritatively question why the official is being so nosy, then shut up, and watch for the social workers response!

She may persist by seeking legal representation through a not for profit accredited legal services organization in California, if available, but she should definitely question the need for the Information by the social worker. The social worker does not seem to work for the Federal Government nor is reviewing her eligibility for citizenship!

Note that if she is really not a lawful permanent resident, then this may be an issue. She should not have to disclose how she secured status, because that need only be known to USCIS, not the State of California. There may be other biographical questions, but the state social worker seems to have no reason to demand her immigration record.

The above is general information, not legal advice, and does not create an attorney client relationship.

1 user found this answer helpful

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