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					BASIC ELIGIBILITY CRITERIA                                     CITIZENSHIP/ALIEN STATUS

                         3320 - CITIZENSHIP/ALIEN STATUS

REQUIREMENTS             A recipient of food stamp benefits must be a United States citizen or
                         establish United States Citizenship and Immigration Services
                         (USCIS) status as a lawfully admitted qualified alien to be eligible
                         for food stamp benefits.
                         The Assistance Unit may choose the status of ineligible AU member
                         in lieu of providing citizenship/alien status information.

BASIC
CONSIDERATIONS

         U.S. Citizens   A U.S. citizen is an individual who meets one of the following
                         conditions:

                            born in one of the 50 states, the District of Columbia, Puerto
                             Rico, Guam, U.S. Virgin Islands (St. Thomas, St. John and St.
                             Croix), Northern Mariana Islands (Saipan, Rota and Tinian),
                             American Samoa, or Swains Island

                            born in another country to a U.S. citizen
                             NOTE: If a Certificate of Citizenship or Report of Birth Abroad
                             was filed on behalf of the child, then no other documents are
                             required to verify citizenship. Refer to Verification of citizenship
                             in this section for verification requirements.

                            naturalized or born in another country to a non-U.S. citizen
                             residing in the U.S. for the required period and becoming a U.S.
                             citizen

                            a child adopted by a U.S. citizen or naturalized citizen

                             NOTE: Effective February 27,2001, The Child Citizenship Act
                             amended the Immigration and Naturalization Act (INA) to
                             provide U.S. citizenship to certain foreign born children
                             including adopted children of U.S. citizens if certain criteria are
                             met. The criteria are as follows:
                                        the child must have at least one U.S. citizen parent
                                        (by birth or naturalization)
                                        the child must be under 18 years of age
                                        the child must be a lawful permanent resident
                                        the child must be residing permanently in the U.S. in
                                        the legal and physical custody of the U.S. citizen
                                        parent
                                        the child is adopted but meets the requirements
                                        applicable to adopted children under immigration
                                        law.

VOLUME III - FS MT-29 – 06/10                                                    PAGE 3320-1
BASIC ELIGIBILITY CRITERIA                                    CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)
        U.S. Citizens For Food Stamp Program purposes, the following aliens are to be
              (cont.) treated as citizens of the United States:

                           American Indians born in Canada living in the U.S. under
                            Section 289 of the Immigration and Naturalization Act (INA) or
                            non-citizen members of a federally-recognized Indian tribe under
                            Section 4(e) of the Indian Self-determination and Education
                            Assistance Act. This provision is intended to cover Native
                            Americans who are entitled to cross the United States border into
                            Canada or Mexico. Included under the provisions are the Regis
                            Band of the Mohawk in New York, the Micmac in Maine and
                            the Kickapoos in Texas.

                           An individual lawfully residing in the United States who was a
                            member of a Hmong or Highland Laotian tribe that rendered
                            assistance to the United States personnel by taking part in a
                            military or rescue operation during the Vietnam Era (August 5,
                            1964-May 7,1975). This category includes the spouse or un-
                            remarried surviving spouse or unmarried dependent children of
                            these individuals.

        Verification of   Forms of verification for citizenship are provided as follows:
          Citizenship
                           Birth certificate

                           Certificate of Citizenship (N- 560, N-561, N-600, or N-643)

                           Naturalization certificate (N-550) (N-570)

                           Report of Birth Abroad of U.S. Citizen (Form FS-240, FS 545,
                            DS 1350)

                           U.S. Citizen I.D. card (I-197 or I-179)

                           U.S. Passport

                           Consular report of birth

                           American Indian card (I-872), first issued by INS, now known as
                            the United States Citizenship and Immigration Services (USCIS)
                            in 1983

                           Northern Mariana Primary I.D. card (I-873), issued prior to 1986
                            and to applicants born prior to 11/3/86 by INS


VOLUME III - FS MT-29 – 06/10                                                PAGE 3320-2
BASIC ELIGIBILITY CRITERIA                                    CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)
        Verification of  Court records of parentage, juvenile proceedings, or child
          Citizenship     support indicating place of birth
                (cont.)
                         Property records verifying U.S. citizenship status

                          Religious record of birth recorded in the U.S or its territories
                           within three months of birth. The document must show either the
                           date of birth or the individual’s age at the time the record was
                           made

                          Any document that establishes place of birth or U.S citizenship
                           such as records from SSA, VA, local government agencies,
                           hospitals, and a clinic’s record of birth or parentage.

                          Verification of citizenship established through another public
                           assistance program or governmental agency. For example, the
                           Medicaid or TANF program.

                          Evidence of civil service employment by the U.S. government
                           before 6/1/76

                          Early school records showing the date of admission to the
                           school, the child’s date and place of birth, and the name(s) and
                           place(s) of birth of the parent(s)

                          Census record showing the name, U.S. citizenship or a U.S.
                           place of birth, and the date of birth or age of the individual

                          Adoption Finalization Papers showing the child’s name and
                           place of birth in one of the 50 states, the District of Columbia,
                           Puerto Rico, Guam, U.S. Virgin Islands (St. Thomas, St. John,
                           St. Croix), Northern Mariana Islands (Saipan, Rota, Tinian),
                           American Samoa, or Swains Island

                          A Third Party Collateral Statement of a person who has
                           knowledge of an individual’s place of birth (used only when no
                           other method of verification is available)

                         Citizenship verification is not required in the first month of Food
                         Stamp Program participation for applications subject to expedited
                         application processing.

                         Refusal to verify citizenship results in an automatic determination of
                         not meeting the citizenship requirements.



VOLUME III - FS MT-29 – 06/10                                                  PAGE 3320-3
BASIC ELIGIBILITY CRITERIA                                    CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS           An individual who does not meet the citizenship requirement is
(cont.)                  ineligible and is not included in the AU. Refer to Section 3635,
                         Budget for an AU with Ineligible Aliens or Ineligible Able Bodied
                         Adults Without Dependents (ABAWDS).

          Citizenship    A newborn’s citizenship must be verified in order for the newborn
      Verification for   to be included in the assistance unit. Compliance with citizenship
           Newborns      requirements is not required until the next review or within six
                         months following the month of the newborn’s birth whichever is
                         Later.

                         Newborns approved for “Newborn Medicaid” or listed on the
                         “Newborn Report of Birth” have met the citizenship verification
                         requirements for food stamps. Case documentation should indicate
                         that citizenship was established by Medicaid or another
                         governmental entity whichever is appropriate.

         Good Cause      Good cause may be established when it is determined that the AU
                         has made every effort to obtain citizenship verification but has been
                         unable to provide the documentation by the verification deadline.
                         The county department must make every effort to assist the AU in
                         obtaining documents needed to verify citizenship. Good cause is
                         granted until the next review.

                         Good cause reasons include the following:

                               Temporary absence from the home
                               Inability of the AU to obtain documents from a hospital or
                                the vital records department because the AU was not born in
                                Georgia
                               Financial hardship

                         If good cause is established at initial application OR is established
                         when an individual is added to the AU, then document the following
                         information:

                               The AU’S reason for not verifying citizenship
                               The reason and period for granting good cause
                               The assistance provided to the AU in obtaining verification

                         Include the individual in the AU.

                         If the individual meets the citizenship requirement during the good
                         cause period, then document the following information:

                               that the citizenship requirement has been met
                               the date and source of verification provided by the AU


VOLUME III - FS MT-29 – 06/10                                                  PAGE 3320-4
BASIC ELIGIBILITY CRITERIA                                    CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)

   Expiration of Good   If the good cause period has expired and the AU has not provided
        Cause Period    verification, then the individual is ineligible to participate in the
                        Food Stamp Program.

                        Follow the procedures below for individuals who have failed to
                        verify citizenship.

                           1.) Document the good cause determination.

                           2.) Change the status to ineligible member. Refer to Section
                               3635, Budget for an AU with Ineligible Aliens or Ineligible
                               Able Bodied Adults Without Dependents (ABAWDS).

                           3.) Issue timely notice to the AU. The notice must include the
                               following information.
                                   – The reason for action
                                   – The eligibility and benefit amount for the remaining
                                       AU members
                                   – The action the individual must take to be added to the
                                       AU


                        Remove the individual from the AU effective the month following
                        the month timely notice expires.

               Aliens   An alien is anyone living in the U.S. who is not a U.S. citizen.

                        The USCIS categorizes aliens as immigrants, non-immigrants, and
                        undocumented aliens.

          Immigrant     Immigrants are individuals lawfully admitted to the U.S. for
             Aliens     permanent residence.


                        The following aliens are not eligible to receive food stamp benefits:


      Non-Immigrant     Non-immigrants are individuals, who are admitted to the U.S. for
             Aliens     lawful temporary residence, including those admitted under
                        employment authorization. Also included as non-immigrants are
                        tourists, visitors, foreign students, and diplomats.




VOLUME III - FS MT-29 – 06/10                                                  PAGE 3320-5
BASIC ELIGIBILITY CRITERIA                                     CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)

       Undocumented      Undocumented aliens are those individuals who are not in the U.S.
              Aliens     lawfully and those residing in the U.S. without USCIS
                         documentation or who are in violation of the terms of a non-
                         immigrant visa after entering the U.S. legally.

                         If an alien indicates inability or unwillingness to provide verification
                         of alien status for any alien AU member, that alien is classified as an
                         ineligible alien. In such cases, the agency must not continue efforts
                         to obtain the verification. Refer to Section 3635, Budget for an AU
                         with Ineligible Aliens or Ineligible ABAWDS.

        Definition of    A qualified alien is an immigrant alien who is legally residing in the
      Qualified Aliens   U.S. and who may be eligible to receive food stamp benefits. A
                         qualified alien is an immigrant who at the time she/he applies for or
                         receives food stamp benefits is in one of the following categories as
                         determined by the United States Citizenship and Immigration
                         Services (USCIS) a Bureau of the U.S. Department of Homeland
                         Security:

                          Lawful Permanent Resident (LPR) under the INA - Individuals
                           who have been admitted for permanent residence into the United
                           States, which may include “Sponsored Aliens”. This category
                           includes the Amerasian immigrants defined under Section 584 of
                           the Foreign Operations, Export Financing and Related Program
                           Appropriations Act of 1988. They are immigrants born in
                           Vietnam between January 1, 1962 and January 1, 1976, to
                           Vietnam mothers and U.S. citizen fathers.

                         Refer to Section 3105, Application Processing, regarding policy for
                         disclosure of citizenship/alien status and social security numbers.

                            Asylums - Individuals physically present in the United States
                             who, if returned to their country of origin, would be under
                             persecution or well-founded fear of persecution.

                            Refugees - Individuals admitted from abroad after they are
                             determined to be under persecution or well-founded fear of
                             persecution in situations of special humanitarian concern to the
                             United States.




VOLUME III - FS MT-29 – 06/10                                                   PAGE 3320-6
BASIC ELIGIBILITY CRITERIA                                  CITIZENSHIP/ALIEN STATUS


BASIC
CONSIDERATIONS
(cont.)
        Definition of    Victims of trafficking, as defined by (The Trafficking Victims
           Qualified      Protection Act of 2000) are treated as refugees for Food Stamp
              Aliens      Program purposes. Victims of tracking may hold any
              (cont.)     immigration status. Victims of trafficking are individuals who
                          have been subjected to (1) sex trafficking where the act is
                          induced by force, fraud, or coercion or the individual induced to
                          perform the act is under 18 or (2) involuntary servitude,
                          bondage, or slavery.

                          If the victim is age 18 or older, s/he must be certified as willing
                          to assist in the investigation and prosecution of the trafficker.
                          The federal Office of Refugee Resettlement issues the victim a
                          letter of certification as trafficking victims. To receive food
                          stamps, the alien must have a letter of certification from the
                          Office of Refugee Resettlement or Health and Human Services.

                          Victims of trafficking are issued T Visas by the U.S.
                          Immigration and Citizenship Services. Under TVPRA, eligible
                          relatives of trafficking victims are entitled to Visas designated as
                          T-2, T-3, T-4, or T-5 (collectively referred to as “Derivative T
                          Visas”) and after the issuance of the visas are eligible for
                          federally funded or administered benefits, including food stamps,
                          to the same extent as directed victims of severe trafficking,
                          provided that they meet the other eligibility criteria for the
                          programs.

                         Parolees - Individuals who have been granted temporary
                          permission to enter and be present in the United States.
                          Although parolees are legally in the U.S., they have not been
                          granted formal admission into the U.S. When the parole period
                          expires, they are required to leave unless they are eligible to be
                          admitted in a formal status.

                       Deportees - Individuals whose deportation is being withheld
                        under Section 243(h) of the INA as in effect before 4/1/97 or
                        removal is withheld under Section 241(b)(3) of the INA. This is
                        a discretionary procedure used by USCIS to provide relief from
                        deportation by suspending the enforcement of immigration law
                        against a particular group of individuals.

                         Conditional Entrants - Individuals granted entry into the U.S.
                          under section 203(a)(7) of the INA as in effect prior to April 1,
                          1980.



VOLUME III - FS MT-29 – 06/10                                                 PAGE 3320-7
BASIC ELIGIBILITY CRITERIA                                  CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)
        Definition of    Cuban or Haitian Entrants - Cubans or Haitians who come to the
           Qualified      U.S. by boat, without proper travel documentation and who are
              Aliens      eligible to become LPRs through the 1986 Immigration Reform
              (cont.)     and Control Act (IRCA).

                       Battered Aliens - Aliens who are battered spouses, battered
                        children, or an alien child/children of a battered parent with a
                        petition pending under section 204(a)(1)(A) or (B) or section
                        244(a)(3) of the INA.

                          Aliens who have filed a petition to be considered a battered
                          individual with the INA are to be considered qualified aliens.
                          Qualified alien status is extended to these battered aliens who are
                          (or were) married to LPRs or U.S. citizens or whose parents are
                          LPRs or U.S. citizens.

                          The aliens must have documentation that a petition has been
                          filed.

                       Iraqi Immigrants – Individuals who have been granted special
                        immigrant status under section 101(a) (27) of the Immigration
                        and Nationality Act (INA). Effective 12/26/07, these immigrants
                        were granted special immigrant status under Public Law 110-161
                        of The Consolidated Appropriations Act of 2008 and are eligible
                        for Food Stamp benefits. The period of eligibility for Iraqi aliens
                        cannot exceed eight (8) months. Effective 12/19/09, these
                        immigrants became eligible for food stamp benefits to the same
                        extent as refugees under Section 207 of the INA (i.e. seven years
                        from the date status was granted) under Public Law 111-118.

                       Afghan Immigrants – Individuals who have been granted special
                        immigrant status under section 101(a) (27) of the Immigration
                        and Nationality Act (INA). Effective 12/26/07, these immigrants
                        were granted special immigrant status under Public Law 110-161
                        of The Consolidated Appropriations Act of 2008. Under this
                        law, the period of eligibility for Afghan aliens cannot exceed six
                        (6) months. Effective 3/11/09 under The Omnibus
                        Appropriations Act of 2009, Public Law 111-08, the period of
                        eligibility for Afghan aliens was extended from six (6) months to
                        eight (8) months. Effective 12/19/09, these immigrants became
                        eligible for food stamp benefits to the same extent as refugees
                        under Section 207 of the INA. (i.e., seven years from the date
                        status was granted) under Public Law 111-118.




VOLUME III - FS MT-29 – 06/10                                                PAGE 3320-8
BASIC ELIGIBILITY CRITERIA                                    CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)
        Definition of        An Iraqi or Afghan alien is considered to be a qualified alien
           Qualified         from the date the individual is granted special immigrant status
              Aliens         or the date the individual entered the U.S. as a special immigrant.
              (cont.)        Refer to Chart 3320.3 and Chart 3320.4 in this section for
                             procedures on how to determine eligibility for these immigrants.


                         Qualified aliens who meet ONE of the following conditions are
                         eligible for food stamp benefits indefinitely.

  Indefinite Eligibility I. 5-Year Residents (Effective April 1, 2003)
  For Qualified Aliens

   Residing in the U.S. Aliens who have resided in the U.S. for 5 years or longer in a
          For 5 Years qualified alien status are eligible for benefits indefinitely.

                         II. 40 Qualifying Quarters

         40 Qualifying Lawful permanent residents (adults and/or children) who can be
             Quarters credited with 40 qualifying quarters of employment meet the
                       citizenship/alien requirement for an indefinite period of time.

       Determining 40 To establish 40 qualifying quarters, complete the following
           Qualifying procedures:
            Quarters

                 Step 1 Obtain the full name, Social Security Number, date of birth, and sex
                        of each wage earner whose quarters are being used to establish
                        eligibility.

                         The wage earner may be:

                                the alien (self)
                                a current spouse (consider only quarters worked during the
                                 marriage)
                                a deceased spouse whose credited quarters were worked
                                 during the marriage


                         NOTE: The alien must not be currently married if considering the
                         deceased spouse’s qualifying quarters.




VOLUME III - FS MT-29 – 06/10                                                  PAGE 3320-9
BASIC ELIGIBILITY CRITERIA                                      CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)
        Determining 40 A parent (deceased or divorced) whose children (biological or
            Qualifying adopted) are or were under age 18 at the time the credited quarters
             Quarters /were worked.
                (cont.)
                        NOTE: Quarters earned prior to the birth of the child may be used.
                Step 1
                (cont.)    A stepparent, if at the time the credited quarters were worked
                              the child was under age 18, unmarried, and there was a
                              marital relationship with the child’s parent.

                                 NOTE: If the marital relationship ends for reasons other than
                                 death, the credited quarters of a stepparent cannot be used.

                                 NOTE: To meet this requirement, a parent may not use a
                                 child’s quarters of employment

                 Step 2   Accept the A/R's or wage earner’s statement to verify quarters
                          worked if the following conditions exist:

                            1)   Alone or in combination with parents and/or spouse, the alien
                                 has sufficient time in this country to have acquired 40
                                 quarters and;

                            2)   USCIS documents verify that the dates of entry are consistent
                                 with 40 credited quarters or more;

                            3)   The alien, spouse, parent, or a combination of these
                                 individuals has sufficient quarters to meet the requirement.
                                 The same quarters may be used to meet the requirement for
                                 more than one alien.

                          Use the SVES system in SUCCESS to interface with the Social
                          Security Administration (SSA) to obtain verification needed to
                          credit quarters. Refer to the SUCCESS User Manual.

                          If SSA indicates through SVES data or other means that the number
                          of qualifying quarters that can be credited is under investigation, the
                          alien is eligible to be included in the AU for up to six months from
                          the date of the notification from SSA that the number of quarters is
                          being investigated.




VOLUME III - FS MT-29 – 06/10                                                    PAGE 3320-10
BASIC ELIGIBILITY CRITERIA                                    CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)
        Determining 40 Have each wage earner whose quarters are being used to establish
   Qualifying Quarters eligibility complete and sign Form SSA-3288, Social Security
                (cont.) Administration Consent for Release of Information, and provide a
                        statement of his/her work history as outlined in Step 2.

                 Step 3 NOTE: The wage earner may be an alien or U.S. citizen by birth or
                        naturalization. The wage earner is not required to have paid Social
                        Security taxes or have earned quarters under the SSA.


                 Step 4 Eliminate as a credited quarter any quarter in which the wage earner
                        received federal public assistance on or after January 1, 1997.
                        The result is the number of qualifying quarters and must equal 40 (or
                        more) for the lawful permanent resident to be eligible for benefits.

                         NOTE: “Received” is defined as being included in a federal public
                         assistance benefit.


                 Step 5 Public Assistance is defined as food stamp benefits, housing, TANF,
                        employment services, support services, childcare subsidy, federal
                        energy assistance, subsidized utilities, SSI, or Medicaid (other than
                        EMA). This list is not all-inclusive.

                         Public assistance does not include EMA, public health assistance,
                         foster care, adoption assistance, soup kitchen meals, crisis
                         counseling, short-term shelter, educational assistance, WIA, disaster
                         relief or Head Start. This list is not all-inclusive.

                         Determine the number of credited quarters, as follows:

                               Prior to 1978 -
                            if earnings totaled at least $50 per calendar quarter (January
                            through March, April through June, July through September or
                            October through December), a quarter was credited to the wage
                            earner.

                              Effective January 1, 1978 -
                            credited quarters are based on the total yearly earnings. To
                            determine the number of credited quarters, divide the total yearly
                            earnings by the figures listed below for that year.




VOLUME III - FS MT-29 – 06/10                                                  PAGE 3320-11
BASIC ELIGIBILITY CRITERIA                                   CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)

      Determining 40    The result (up to 4), minus the number of quarters public assistance
          Qualifying    was received, is the number of credited quarters. For example, the
           Quarters     total yearly earnings are $3,000 for 2003. Divide $3000 by $890.
              (cont.)   The individual has 3.3 credited quarters.

               Step 5 1978     $250                   1991    $540
               (cont.) 1979    $260                   1992    $570
                       1980    $290                   1993    $590
                       1981    $310                   1994    $620
                       1982    $340                   1995    $630
                       1983    $370                   1996    $640
                       1984    $390                   1997    $670
                       1985    $410                   1998    $700
                       1986    $440                   1999    $740
                       1987    $460                   2000    $780
                       1988    $470                   2001    $830
                       1989    $500                   2002    $870
                       1990    $520                   2003    $890
                       2004    $900                   2005    $920
                       2006    $970                   2007    $1000

                        Calculations must be documented in case record.

            Military III. Military Connection
          Connection
                     A qualified alien who meets one of the following criteria is
                     considered to have a military connection:

                              alien is a U.S. veteran and has been honorably discharged for
                               reasons other than alien status, served in active duty status
                               for at least 24 months or completed the period of active duty
                               for which the alien was called, or who died while on active
                               duty has a military connection.

                              alien is on active duty (other than for training) in the U.S.
                               Armed Forces.

                              alien is a Filipino who served in the Philippine
                               Commonwealth Army or as a Philippine Scout during WWII.

                        An alien who is the current or surviving spouse or the unmarried
                        children (natural, step, adopted) under age 18 of any of the above if
                        the spouse or child meets the FS alien eligibility criteria.



VOLUME III - FS MT-29 – 06/10                                                  PAGE 3320-12
BASIC ELIGIBILITY CRITERIA                                     CITIZENSHIP/ALIEN STATUS

 BASIC
 CONSIDERATIONS
 (cont.)

             Military NOTE: A surviving spouse continues to meet eligibility criteria if the
           Connection veteran or alien on active duty dies and the spouse has not remarried.
               (cont.) The marriage must have lasted for one year or for any period if a child
                       was born during or before the marriage.

                         Refer to Chart 3320.1, Eligibility Criteria for Qualified Aliens.


               Elderly   IV. Elderly Aliens

                         An alien who was born on or before August 22, 1931, and who was
                         lawfully residing in the United States on August 22, 1996 is eligible
                         indefinitely for food stamp benefits as a qualified alien.


     Blind or Disabled   V. Blind or Disabled Aliens

                         Blind or disabled aliens who are receiving or certified for benefits, or
                         assistance for a disability condition regardless of when they entered the
                         U.S are eligible indefinitely for benefits. The qualified alien must be
                         disabled as defined by FSP Policy.

                         The qualified alien must be receiving or certified for SSI, social security
                         disability, federal or state disability retirement for a permanent disability,
                         veteran's disability benefits, railroad disability retirement, disability
                         related Medicaid, or state assistance that is based on criteria used to
                         determine federal SSI criteria such as from the State Medicaid Eligibility
                         Unit (SMEU) (Effective October 1, 2002)



       Children Under    VI. Children Under Age 18
               Age 18
                         Children who are qualified aliens under the age of 18. The child's
                         eligibility begins when she/he obtains qualified alien status or enters the
                         country as a qualified alien. At age 18 the children must qualify under
                         another category in order to remain eligible for benefits.




VOLUME III - FS MT-29 – 06/10                                                   PAGE 3320-13
BASIC ELIGIBILITY CRITERIA                                  CITIZENSHIP/ALIEN STATUS


BASIC
CONSIDERATIONS
(cont.)


          Time Limited The following qualified aliens are eligible to receive food stamp
                Aliens benefits during the first seven (7) years they are admitted or granted
                       status. These aliens are eligible from their date of entry into the
                       U.S. or from the date their USCIS eligible status is granted:

                              Refugees admitted under section 207 of the INA
                              Victims of trafficking
                              Asylees granted asylum under section 208 of the INA
                              Deportation withheld under section 243 (h) or removal under
                               section 241 (b0(3) of the INA
                              Cuban or Haitian Entrants under section 584 of the REEAA of
                               1980
                              Amerasian immigrant under section 584 of the Foreign
                               Operations, Export Financing and Related Programs
                               Appropriations Act of 1988
                              Conditional Entrants
                              Parolees
                              Iraqi/Afghan Immigrants under Public Law 111-118 (effective
                               12/19/09)

                          Refer to Chart 3320.2, Determining Eligibility for Qualified Aliens
                          to determine eligibility for benefits.




VOLUME III - FS MT-29 – 06/10                                                PAGE 3320-14
BASIC ELIGIBILITY CRITERIA                                                CITIZENSHIP/ALIEN STATUS


BASIC CONSIDERATIONS
(cont.)

To be eligible for food stamp benefits, an alien must meet two requirements. (1) Be in a qualified
alien status in Column 1 AND (2) Either meet one of the criteria for indefinite eligibility in
Column 2 or be eligible under the time limited (7) year criteria in Column 3.


           CHART 3320.1 ELIGIBILITY CRITIERIA FOR QUALFIED ALIENS
           Column 1                             Column 2                             Column 3
           Qualified                     Food Stamp Criteria for               Food Stamp Criteria for
            Aliens                         Indefinite Eligibility               Time-limited (7) Year
                                                                                     Eligibility

–   Lawfully admitted for            Aliens must meet ONE of the           Aliens eligible for 7 years: Note:
    permanent residence (LPR)        following criteria to be eligible     These aliens do not have to meet
    in the U.S. (holders of green    indefinitely:                         the 5 year criterion
    cards)

–   Amerasian immigrant under        –   Residing in the U.S. as a         –   Amerasian immigrant under
    section 584 of the Foreign           qualified alien for five years        584 of Foreign Operations,
    Operations, Export Financing         or longer from the date of            Export Financing and Related
    and Related Program                  entry.                                Program Appropriations Act
    Appropriations Act of 1988       –   LPR who can be credited               of 1988
                                         with 40 quarters of work
–   Granted asylum under section         under SSA.                        –   Granted asylum under section
    208 of the INA                   –   Military connection such as           208 of the INA
                                         veterans, active duty
–   Deportation withheld under           personnel and their spouse        –   Cuban or Haitian under
    section 243(h) of the INA as         and children. Active duty             section 501(e) of the REAA
    in effect prior to 4/1/97 or         includes the U.S Army,                of 1980
    removal withheld under               Navy, Air Force, Marine
    section 241(b)(3) of the INA         Corps, or Coast Guard (but        –   Deportation withheld under
                                         not full-time National Guard)         section 243(h) in effect prior
–   Refugee admitted under           –   Children under 18 years of            to 4/1/97 or removal
    section 207 of the INA               age lawfully residing in the          withheld under section
                                         U.S.                                  241(b)(3) of the INA
–   Paroled under section            –   Disabled or blind as defined
    212(d)(5) of the INA for at          by FSP policy.                    –   Paroled under section 212
    least one (1) year               –   Born on or before August 22,          (d)(5) of INA for at least one
                                         1931 and lawfully residing in         year
–   Granted conditional entry            the U.S. on August 22, 1996.
    under section 203(a)(7) of the                                         –   Refugee admitted under
    INA as in effect prior to                                                  section 207 of the INA
    4/1/08
                                                                           –   Victims of a severe form of
–   Cuban or Haitian entrant                                                   trafficking under the
    under section 501(e) of the                                                Trafficking Victims
    Refugee Education                                                          Protection Act of 2000
    Assistance Act (REAA) of
    1980


VOLUME III - FS MT-29 – 06/10                                                             PAGE 3320-15
BASIC ELIGIBILITY CRITERIA                                        CITIZENSHIP/ALIEN STATUS


BASIC CONSIDERATIONS
(cont.)


           CHART 3320.1 ELIGIBILITY CRITERIA FOR QUALFIED ALIENS
                                    (cont.)
            Column 1                          Column 2                        Column 3
            Qualified                  Food Stamp Criteria for        Food Stamp Criteria for
             Aliens                      Indefinite Eligibility     Time-limited (7) Year Criteria

–   A victim of a severe form of                                   –   Effective 12/19/09, Iraqi and
    trafficking under the                                              Afghan immigrants became
    Trafficking Victims                                                eligible the same as refugee
    Protection Act of 2000                                             immigrants under section 207
                                                                       of the INA (i.e. 7 years from
–   A battered spouse, battered                                        the date status is granted
    child, or alien child of a                                         under Public Law 111-118).
    battered parent with a petition
    pending under section
    204(a)(1)(A) or section
    244(a)(3) of the INA.

–   Iraqi and Afghan Immigrants
    granted special immigrant
    status under section
    101(a)(27) of the
    Immigration and Nationality
    Act (INA). Public Law 110-
    161 of the Consolidated
    Appropriations Act of 2008.
    Note: Under this law, Afghan
    aliens are eligible for only six
    months, and Iraqi aliens are
    eligible for only eight months
    from the date special
    immigrant status is granted.
    Effective 3/11/09 under the
    Omnibus Appropriations Act
    of 2009, Public Law 111-08,
    an Afghan alien’s period of
    eligibility is extended from
    six (6) months to eight (8)
    months.




VOLUME III - FS MT-29 – 06/10                                                     PAGE 3320-16
BASIC ELIGIBILITY CRITERIA                                                CITIZENSHIP/ALIEN STATUS

BASIC CONSIDERATIONS
(cont.)

The chart below lists the qualified alien statuses that may result in food stamp eligibility, and the
documents required to verify USCIS status. The USCIS has the discretion to change documents
and codes to allow any alien or group of aliens to stay in the U.S. indefinitely.

Documents issued by USCIS may vary by local USCIS office. USCIS status may also be
verified by a letter of decision from an immigration judge.


        CHART 3320.2 DETERMINING ELIGIBILITY FOR QUALFIED ALIENS
     IF QUALIFIED ALIEN                            THEN                      USCIS DOCUMENTATION
           STATUS IS:
Lawfully admitted for permanent      the alien is ineligible and must       Passport, Visa, I-94-annotated, I-
residence (LPR) in the U.S.          meet one of the criteria for           181, DHS AR-3a, Processed for
(holders of green cards)             indefinite eligibility as provided     I-551(Temporary Evidence of
                                     in Chart 3320.1                        Lawful Residence)
Amerasian immigrant under            the alien is eligible for 7 years      I-95annotated AM1, AM2, AM3
section 584 of the Foreign           from the date of entry into the        I-551 annotated AM6, AM7,
Operations, Export Financing and     U.S.                                   AM8
Related Program Appropriations                                              Vietnamese Exit Visa,
Act of 1988                                                                 Vietnamese Passport, U.S.
                                                                            Passport stamped AM1, AM2,
                                                                            AM3
Granted asylum under section 208     the alien is eligible for 7 years      I-94 annotated Section 208
of the INA                           from the date status is granted        I-688B annotated 274a.12(a)(10)
                                                                            USCIS documents with asylum
                                                                            codes AS1, AS2, AS3, AS6,
                                                                            AS7, AS8
                                                                            I-766 annotated A10
Granted conditional entry under      the alien is ineligible unless         I-94 annotated with section
section 204(a)(7) of the INA prior   he/she meets one of the criteria       203(a)(7) or other USCIS
to 4/1/80                            for indefinite eligibility as          document indicating conditional
                                     provided in Chart 3320.1               entrant
Cuban or Haitian entrant under       the alien is eligible for 7 years      I-94 annotated paroled as a
section 501(e) of the Refugee        from the date of entry                 refugee section 207
Education Assistance Act (REAA)                                             I-551 annotated with codes CU6,
of 1980                                                                     CU7, CH6

Deportation withheld under           the alien is eligible for 7 years      I-94 annotated Section 243(h) or
section 243(h) of the INA as in      from the date deportation was          241(b)(3)
effect prior to 4/1/97 or removal    withheld or date removal was           Order from a Judge showing
withheld under section 241(b)(3)     withheld                               deportation withheld
of the INA                                                                  I-688B annotated 274a.12(a)(10)
                                                                            I-766annotate A10
Paroled under section 212(d)(5) of   the alien is eligible for 7 years      I-688B annotated 274a.12(a)(4)
the INA for at least one (1) year    from the date status is granted        or c(11)
                                                                            I-94 annotated 212(d)(5an)
                                                                            I-512 annotated 212(d)(5)




VOLUME III - FS MT-29 – 06/10                                                              PAGE 3320-17
BASIC ELIGIBILITY CRITERIA                                           CITIZENSHIP/ALIEN STATUS

BASIC CONSIDERATIONS
(cont.)


          CHART 3320.2 DETERMINING ELIGIBILITY FOR QUALFIED ALIENS (cont.)
     IF QUALIFIED ALIEN                           THEN                    INS DOCUMENTATION
            STATUS IS:
Refugee admitted under section     the alien is eligible for 7 years   I-94 annotated section 207 or
207 of the INA                     from the date of entry.             paroled as a refugee
                                                                       I-688B annotated 274a.12(a)(3),
                                                                       (a)(4), (a)(10)
                                                                       I-551 or USCIS documents with
                                                                       RE1, RE2, RE3, RE6, RE8, R86,
                                                                       P71, CH6, CU6, CU7, CU8,
                                                                       CU9, CNO, CUP, CNP, M83,
                                                                       Y64
A battered spouse, battered child, the alien is ineligible unless      I-94 annotated AR1, AR6, C20-
or an alien child of a battered    he/she meets one of the criteria    C29, CF1, CF2, CR1, CR6
parent with a petition pending     for indefinite eligibility as       IMPORTANT: I-551 annotated
under section 204(a)(1)(A) or      provided in Chart 3320.1            applicant has filed an I-130 or
section 244(a)(3) of INA.                                              I360 petition as a battered alien.
                                                                       USCIS Form 797(is
                                                                       documentation of approval of I-
                                                                       130 application) NOTE: These
                                                                       documents are used to verify
                                                                       that a battered alien is in a
                                                                       qualified alien status
A victim of a severe form of       the alien is eligible for 7 years   Visas code T-2, T-3, T-4, and T-
trafficking under the Trafficking  from the date status is granted     5 (Not available in SAVE
Victims Protection Act of 2000                                         system)
Iraqi and Afghan Immigrants        the alien is eligible for 7 years   Afghan or Iraqi passport
granted special immigrant status   from the date status is granted     Immigrant Visa category SI1,
under section 101(a)(27) of the    Status changed effective            SI2, SI3, SQ1, SQ2, SQ3
Immigration and Nationality Act    12/19/09 under Public Law 111- I-551 showing Afghan or Iraqi
(INA). Public Law 110-161 of The 118.                                  Nationality with codes SI6, SI7,
Consolidated Appropriations Act                                        SI9, SQ6, SQ7, SQ9
of 2008. Refer to Chart 3320.3
and Chart 3320.4 for
procedures on how to determine
eligibility for Iraqi and Afghan
immigrants
Undocumented                       the alien is ineligible and must    None
                                   apply to obtain qualified alien
                                   status and meet one of the criteria
                                   for indefinite eligibility.
Micronesia and Marshall Islands    the alien is ineligible and must    Micronesia passport or birth
                                   apply to obtain qualified alien     certificate
                                   status and meet one of the criteria
                                   for indefinite eligibility.




VOLUME III - FS MT-29 – 06/10                                                          PAGE 3320-18
BASIC ELIGIBILITY CRITERIA                                        CITIZENSHIP/ALIEN STATUS

BASIC CONSIDERATIONS
(cont.)

Use Chart 3320.3 to determine eligibility for Iraqi Immigrants


   CHART 3320.3 DETERMINING ELIGIBILITY FOR IRAQI IMMIGRANTS
      (Under Consolidated Appropriations Act of 2009 Effective 12/26/07)
 Date Granted Special    Eight (8) Month       Application Date       Dates of Eligibility/
  Immigrant Status       Eligibility End                              Period of Eligibility
                              Date

       09/10/08              04/30/09              12/17/08             From 12/17/08 –
                                                                           04/30/09


       01/26/09              08/31/09              03/31/09            03/31/09-08/31/09



       08/1//08              03/31/09              08/15/08            08/15/08-03/31/09



       10/1/08               05/31/09              11/10/08            11/10/08-5/31/09




Use Chart 3320.4 to determine eligibility for Afghan Immigrants


 CHART 3320.4 DETERMINING ELIGIBILITY FOR AFGHAN IMMIGRANTS
     (Under Consolidated Appropriations Act of 2009 Effective 12/26/07)
 Date Granted Special     Six (6) Month        Application Date       Dates of Eligibility/
  Immigrant Status        Eligibility End                             Period of Eligibility
                               Date

       10/09/08              03/31/09              12/17/08           12/17/08 –03/31/09


       02/26/09              07/31/09               3/31/09             3/31/09-7/31/09


       01/06/09              06/30/09              01/15/09            01/15/09-06/30/09




VOLUME III - FS MT-29 – 06/10                                                    PAGE 3320-19
BASIC ELIGIBILITY CRITERIA                                     CITIZENSHIP/ALIEN STATUS


BASIC CONSIDERATIONS
(cont.)


 CHART 3320.4 DETERMINING ELIGIBILITY FOR AFGHAN IMMIGRANTS (cont.)
          (Under Omnibus Appropriations Act of 2009 Effective 3/11/09)
                       Current Recipient Households
Date Granted        Six (6) Month       Eight (8) Month        Date of            Period of
   Special       Eligibility End Date   Eligibility End        Review             Eligibility
 Immigrant                                   Date
   Status

    7/08/08            12/31/08             2/28/09           12/15/08          Ineligible for an
                                                                              additional 2 months
                                                                               as 8-month period
                                                                                expired prior to
                                                                             3/11/09, the effective
                                                                                 date of the law
    9/01/08            2/28/09              4/30/09            2/11/09         Eligible 3/11/09 –
                                                                               4/30/09 (ineligible
                                                                               3/1/09 -3/10/09 as
                                                                              these dates are prior
                                                                            to the effective date of
                                                                                     the law
   12/16/08            5/31/09              7/31/09            5/15/09          Eligible 6/01/09-
                                                                                    07/31/09




                                  New Applicant Households
 Date Granted      Eight (8) Month      Application Date            Period of Eligibility
    Special        Eligibility End
  Immigrant             Date
    Status

   12/16/08            7/31/09              3/31/09              Eligible for 5 months from
                                                                      3/31/09 –7/31/09

    2/02/09            09/30/09             3/06/09              Eligible for 7 months from
                                                                      3/06/09 - 9/30/09

    4/21/09            11/30/09             4/07/09                Eligible 8 months from
                                                                     4/07/09 - 11/30/09




Note: Effective 12/19/09, Iraqi and Afghan immigrants with SIV visas are eligible for 7 years
from the date status is granted the same as refugees under section 207 of the INA.



VOLUME III - FS MT-29 – 06/10                                                   PAGE 3320-20
BASIC ELIGIBILITY CRITERIA                                   CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)

    Reporting Unlawful Report aliens to the U.S. Department of Homeland Security (DHS)
                Aliens when the AU presents a formal order of deportation. The report is
                       done by calling DHS at 404-331-2762 and selecting the
                       Detention/Removal option, then selecting the Deportation option.
                       Document the case record with the referral information.

             Budgeting Income and resources are budgeted according to special procedures.
                        Refer to Section 3635, Budget for An AU With Ineligible Aliens or
                       Ineligible ABAWDs, for budgeting procedures.

                          Refer to Section 3630, Budget For An AU with Sponsored Aliens,
                          for policy on Sponsored Aliens.

         Verification of Verify alien status at application, when an individual is added to the
           Alien Status AU, when the agency becomes aware of a discrepancy, and if
                         questionable.

                          Aliens whose document(s) do not clearly verify qualified status, but
                          whose USCIS documents are sufficient to perform WEB1
                          procedures, are eligible to be included in the AU for up to six
                          months pending receipt of secondary verification of USCIS status.

           Verification The Verification Information System (VIS), Customer Processing
           Information System (CPS) is provided by the U.S. Citizenship and Immigration
               Systems Services (USCIS) to verify the immigration status of non-citizens
                        and certain citizens applying for various benefits. The WEB-3
                        Access Method is designed to assist government agencies with
                        eligibility determinations for federal, state and/or local public
                        benefits.

                          WEB-3 establishes the legitimacy of alien documentation and
                          provides verification of the status under which an alien has been
                          admitted to the U.S.

                          Complete WEB-3 procedures in the following situations:

                             To establish the alien status of ALL non-citizens

                             To verify the legitimacy of an alien’s documentation

                           To determine the status of an alien whose documentation has
                            been lost or expired




VOLUME III - FS MT-29 – 06/10                                                 PAGE 3320-21
BASIC ELIGIBILITY CRITERIA                                  CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS            To determine if USCIS has assigned a new alien status
(cont.)
         Verification    SAVE or USCIS Form G-845-S (USCIS Save Document
        Information      Verification) may be used to obtain secondary or additional
              System     information to verify alien status.
               (cont.)
                         WEB-3 access is available at:
                         https://save.uscis.gov/Web/vislogin.aspx?JS=YES

                         LOGGING IN THE SYSTEM FOR THE FIRST TIME:

                            1. Enter the web address:
                               https://save.uscis.gov/Web/vislogin.aspx?JS=YES
                            2. in the address line of your web browser (Internet Explorer
                               or Netscape). Click GO or press enter.

                            3. Enter your login information.
                                   Enter your user ID.
                                   Enter your password.

                            4. Click “Login” to continue.

                            5. Change your password. You are required to do this when
                               you log onto the system for the first time.
                                   Enter the password you just used to log on in the
                                      “Old Password” field.
                                   Enter a new password in the “New Password” field.
                                       Your new password must contain at least three of
                                      the four following password characteristics:
                                                     One uppercase or lower case letter
                                                     One number
                                                     One special character (! @ $ % * etc)

                                    Note: The password must contain between 8 to 14
                                    characters in length. There is a 15-minute inactivity
                                    automatic logout. Passwords must be changed every 45
                                    days.

                            6. To ensure that you have entered the correct password, re-
                               enter the password in the “Re-type New Password” field.

                            7. Once you have entered the password, click the “Submit
                               Password Change” button. Once you have completed the
                               password change, you will be allowed into the system.

                            8. Set your password challenge questions and answers. These
                               will be used to verify your user information in case you


VOLUME III - FS MT-29 – 06/10                                               PAGE 3320-22
BASIC ELIGIBILITY CRITERIA                                   CITIZENSHIP/ALIEN STATUS

BASIC                     forget your password.
CONSIDERATIONS
(cont.)                9. Click the “Submit” button.
         Verification
        Information FOR INITIAL VERIFICATION REQUESTS:
              System
               (cont.) 1. Select the “Initial Verification” function in the Case
                          Administration section (Left-hand menu bar) of the
                          Navigation frame. A screen will appear requesting the type
                          of documents (s) the applicant presented. Select only one
                          button then click “Next”.

                             2. Enter the Applicant Information to be queried: Alien
                                Number, Card Number, Last Name, First Name, Middle
                                Initial, Date of Birth, Doc. Expiration Date, and
                                Benefits.

                             3. Click the “Next” button or “Back” button to correct any
                                information.

                             4. If all the information has been entered correctly, the results
                                will appear within seconds on the Case Details page.

                             5. Click the “Next” button to submit your query. The system
                                will return the Case Details page with the initial verification
                                parameters at the top, followed by a section with the results
                                of your initial verification query.


                         FOR ADDITIONAL VERIFICATION REQUESTS:

                         There are several reasons for submitting additional verification
                         requests including:

                             1. If the system prompts the user to input additional
                                verification

                             2. If the system detects potential errors in the required
                                information fields, a screen will be generated to allow you
                                to update your data. To change or reenter information,
                                select the “Request Additional Verification” option at the
                                bottom of the Case Details page to resubmit the query. An
                                additional section will appear to enter more information.
                                Enter additional information.

                             3. Click the “Submit Additional Verification” button.




VOLUME III - FS MT-29 – 06/10                                                 PAGE 3320-23
BASIC ELIGIBILITY CRITERIA                                      CITIZENSHIP/ALIEN STATUS

BASIC
CONSIDERATIONS
(cont.)                  The VIS system will return the Case Details from the initial results,
         Verification    the additional verification parameters, and the status of the
        Information      additional verification. A response is returned within 3 to 5 federal
              System     working days.
               (cont.)
                         When the response is returned, the “Response Date” field will be
                         populated. If the non-citizen’s immigration status has expired, the
                         “Expires On” field will pre-populate the expiration date.


                         FOR THIRD-STEP VERIFICATION REQUESTS:

                         If there is a need for more information (i.e. copy of documents), the
                         VIS system returns a message “Resubmit Doc (Need copy of
                         original).”

                         To initiate third-step verification,

                             1. Select “Resubmit Verification”.

                             2. After the third-step request is made, a browser will open
                                with a pre-populated G-845 PDF, which includes the
                                Verification Case Number. Print out and attach this
                                document and send to the designated Status Verification
                                Office (SVO). The SVO for Georgia is located in Buffalo,
                                NY. See address below.

                         Send a copy of the G-845 and alien documents to:

                         United States Citizenship and Immigration Services
                         10 Fountain Plaza, 3rd Floor
                         Buffalo, NY 14202
                         ATTN: Immigration Status Verification Unit

                         The Form G-845 is usually returned to the agency within 10 to 20
                         federal working days from the date of receipt.

                         The SAVE Program Assistance is available to all users Mon. – Fri.,
                         9:00 A.M. to 7:00 P.M. EST (except federal holidays)

                         For technical assistance, call 1-800-741-5023.

                         The SAVE E-Mail address is SAVE.help@dhs.gov




VOLUME III - FS MT-29 – 06/10                                                PAGE 3320-24

				
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