Certain applicants, because of their age and time as an LPR, do not have to take the English test for naturalization and may take the civics test in the language of their choice. For more information, see the exceptions and accommodations page or the USCIS Policy Manual Citizenship and Naturalization Guidance.
If you are in the United States as a lawful permanent resident or conditional permanent resident and you wish to travel outside the U.S., you may apply for a re-entry permit, refugee travel document, or advance parole travel document (including parole into the U.S. for humanitarian reasons). You must be physically present in the United States when you file the re-entry permit and complete the biometric services requirement, if applicable.
If you are a permanent resident, you can travel outside the United States. Temporary or brief travel usually does not affect your permanent resident status. However, if we determine that you did not intend to make the United States your permanent home, we will find that you have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year.
You may also file a claim for benefits with the state's Uninsured Employers' Benefit Trust Fund (UEBTF). See DWC fact sheet F and guides 16, 16A and 16B for more information on filing a claim with the UEBTF.
A. Yes, but you have a limited amount of time to decide if you agree with the QME's report or if you need more information. When you receive the report, read it right away and decide if you think it is accurate. If not, and you have an attorney, you should talk to him or her about your options.
A. Temporary disability (TD) benefits are payments you get if you lose wages because your injury prevents you from doing your usual job while recovering. See the DWC fact sheet on TD for more information.
A. As a general rule, TD pays two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. However, you cannot receive more than the maximum weekly amount set by law. Your wages are figured out by using all forms of income you receive from work: wages, food, lodging, tips, commissions, overtime and bonuses. Wages can also include earnings from work you did at other jobs at the time you were injured. Give proof of these earnings to the claims administrator. The claims administrator will consider all forms of income when calculating your TD benefits. Please see the benefits chart for current benefit rates.
A. TD payments begin when your doctor says you can't do your usual work for more than three days or you get hospitalized overnight. Payments must be made every two weeks. Generally, TD stops when you return to work, or when the doctor releases you for work, or says your injury has improved as much as it's going to. If you were injured after Apr. 19, 2004, your TD payments won't last more than 104 weeks within a period of 2 years from the first payment for most injuries. If you were injured after Jan. 1, 2008, your TD payments won't last more than 104 weeks within a period of 5 years from the date of your injury. Payments for a few long-term injuries such as severe burns or chronic lung disease can go longer than 104 weeks. TD payments for these injuries can continue for up to 240 weeks of payment within a five-year period.
PD benefits are limited. If you lose income, PD benefits may not cover all the income lost. If you experience losses unrelated to your ability to work, PD benefits may not cover those losses. See the DWC fact sheet on PD for more information.
A. A doctor determines if your injury or illness caused PD. After your doctor decides your injury or illness has stabilized and no change is likely, PD is evaluated. At that time, your condition has become permanent and stationary (P&S). Your doctor might use the term maximal medical improvement (MMI) instead of P&S.
If you were injured between Jan. 1, 2005 and Dec. 31, 2012 your PD award may be increased or decreased by 15 percent, depending on whether you work for an employer with 50 or more employees and your employer offers regular, alternative or modified work.
A. If you don't have an attorney, you can ask the state DWC to review the rating. The DWC will determine if mistakes were made in the medical evaluation process or the rating process. This is called reconsideration of your rating. See I&A guide 3 for more information. You can also present your case to a workers' compensation administrative law judge. Contact a state I&A officer for help. Workers with attorneys cannot request reconsideration. If you have an attorney, he or she can present your case to a judge.
A. PD benefits are normally paid when TD benefits end and your doctor indicates you have some permanent effects from your injury. The claims administrator must begin paying your PD payments within 14 days after TD ends. The claims administrator picks which day to pay you and will continue to make payments every two weeks until a reasonable estimate of your disability amount has been paid.
You can resolve your whole claim through one lump sum settlement called a C&R . A C&R may be best when you want to control your own medical care and/or you want a lump sum payment for your permanent disability. A C&R usually means that after you get the lump sum payment approved by the workers' compensation judge, the claims administrator will not be liable for any further payments or medical care.
If you cannot agree to a settlement with the claims administrator, you can go before a workers' compensation administrative law judge, who will decide your permanent disability award. A judge's finding is called a F&A. The F&A generally consists of a sum of money and a provision for the claims administrator to pay for approved future medical treatment.
In all of these situations your PD payments will likely begin before the final decision about the amount of your PD is reached. That's because, once your doctor says you have permanent disability, the claims administrator will estimate how much you should receive and begin making payments to you before the final percentage of disability has been calculated.
A. If you were injured between Jan. 1, 2004 and Dec. 31, 2012, and your employer has 50 or more workers, and you are not offered regular, modified or alternative work, your weekly PD benefits will be increased by 15 percent once that offer is made.
A. The state's experience and extensive studies have shown that the longer you stay off work the less likely you are to go back, and that leads to more wage loss and a lower quality of life. PD benefits will never make up for the money you lose by not returning to work, so these provisions were put in place to get you back to your job as soon as medically possible.
A. If you were injured on or after Jan. 1, 2004, and are permanently unable to do your usual job, and your employer does not offer other work, you may qualify for SJDB. This benefit is in the form of a voucher that helps pay for educational retraining or skill enhancement -- or both -- at state-approved or state-accredited schools.
A. If your employer assigns or offers you work that does not meet the work restrictions required by your treating doctor, you don't have to accept it. Contact a DWC I&A officer for more details on how to proceed.
You should also be aware that the federal Americans with Disabilities Act (ADA) prohibits discriminating against those with physical or mental impairments that substantially limit one or more life activities, and who can perform essential job functions. An employer is required to provide a reasonable accommodation if it would not impose an "undue hardship" on them.
For information on the ADA, call the Equal Employment Opportunity Commission at 1-800-USA-EEOC.
Additionally, the state Department of Fair Employment and Housing administers the California Fair Employment and Housing Act (FEHA), which prohibits harassment or discrimination in employment, housing and public accommodations. For more information on FEHA call 1-800-884-1684.
A. Yes. If you have a disability and are using the services of the Division of Workers' Compensation you may be eligible for a reasonable accommodation. A reasonable accommodation is assistance given to disabled individuals to promote equal access to and participation in our programs and services. Those services include the Worker's Compensation Appeals Board, the Information and Assistance Unit, the Retraining and Return to Work Unit and the Disability Evaluation Unit. You can find out more about reasonable accommodation, including how to request one, at the disability accommodation page.
This document is intended to cover the most common circumstances related to absences as they pertain to the PFD program. This document refers to eligibility only in the context of an absence from Alaska - other requirements of the PFD program must be met to be otherwise eligible. Refer to PFD Statutes and Regulations for more detailed information or contact your nearest PFD Office to get more specific information about your absence.
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