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3.12.1 Citizenship and Immigration Status

7 CFR 273.4

3.12.1.1 Qualified Alien or Immigration Status

Chart 1- Determining if a non-citizen is eligible for FS

Chart 2- Decoding the admission or adjustment codes from INS

3.12.1.2 Eligibility Pending Documentation of Immigration Status

3.12.1.3 Work Quarter Eligibility

3.12.1.4 Military Connection Eligibility

3.12.1.5 Battered Alien Eligibility

3.12.1.6 State Option FoodShare Program (SOFSP)

3.12.1.7 Ineligible & Illegal Aliens

3.12.1.8 Encouraging Application

3.12.1.9 Gaining Citizenship

3.12.1.10 Derivative Citizenship

3.12.1.11 Iraqis And Afghans With Special Immigrant Status

 

The following individuals are eligible for FoodShare as U.S. Citizens.

 

 

To meet the citizenship or qualifying alien requirement for FS , a person must be one of the following:

  1. A citizen of the US which is defined as a person:

  1. who was born in the US. Geographically, the US is the continental US, Alaska, Hawaii, Puerto Rico, US Virgin Islands, and Northern Mariana Islands, including Guam, or

  2. who is a naturalized citizen of the US

  1. A person born outside of the U.S. to, or adopted by, at least one U.S. citizen. They are sometimes referred to as a "derivative citizen."

  2. A non-citizen with a qualifying immigration status.

 

Note: Effective 10/1/10, all Puerto Rican Birth Certificates issued before 07/1/10 are invalid.  Ongoing recipients of IM programs from Puerto Rico do not need to submit new, valid birth certificates. However, all Puerto Rican Birth Certificates submitted by applicants must have been issued after 07/1/10.

3.12.1.1 Qualified Alien or Immigration Status

  1. Use Chart 1 to determine if a non-citizen is eligible for FS.

 

  1. Use Chart 2 for decoding the admission or adjustment codes from INS . Refer also to the INS SAVE Manual M300 (revised 09-00) and the Travel and Identity Documents guide.

 

Note:  If there is more than one admission or status code for the immigrant/noncitizen, always use the least restrictive code per 8 CFR 212.5(h). A best practice is to ask each year about immigrant/citizenship status changes since the code(s) may change over time.

 

CHART 1

 

Federal FoodShare

Eligible as U.S. Citizens

  • U.S. Citizens,
  • Non-citizen nationals (People born in American Samoa or Swain’s Island),
  • American Indians born in Canada,
  • Members (born outside the U.S.) of Indian tribes under Section 450b(e) of the Indian Self-Determination and Education Assistance Act,
  • Members of Hmong or Highland Laotian tribes that helped the U.S. military during the Vietnam era prior to May 8, 1975, and who are legally living in the U.S., their spouses or surviving spouses and dependent children, including a full-time students under the age of 22.
Alien Status Code Eligible if:

01-Lawfully admitted for permanent (LPR)

residence

  • meets work quarters, or
  • meets military requirement, or
  • receives disability benefit, or
  • under age 18, or
  • has lived in the US as a qualified alien for 5 years from the date of entry, or
  • a legal resident on August 22, 1996, and born before August 22, 1931.
02-Permanent Resident under color of law (PRUCOL) Ineligible
03-Conditional Entrant Lawfully present under Section 203(a)(7)
  • meets work quarters, or
  • meets military requirement, or
  • receives disability benefit, or
  • under age 18, or
  • born before August 22, 1931, or
  • has lived in the US as a qualified alien for 5 years from the date of entry, or
  • a legal resident on August 22, 1996, and born before August 22, 1931.
04-Refugee Lawfully present under Section207 Eligible
05-Asylee Lawfully present under Section 208 Eligible
06-Parolee Lawfully present under Section 212(d)(5)
  • meets work quarters, or
  • meets military requirement, or
  • receives disability benefit, or
  • under age 18, or
  • born before August 22, 1931, or
  • has lived in the US as a qualified alien for 5 years from the date of entry, or
  • a legal resident on August 22, 1996, and born before August 22, 1931.
07-IRCA Ineligible
08-Work Authorization: Temp. Ineligible
09-Undocumented Alien Ineligible
10-Illegal Alien Ineligible

11-Cuban/Haitian Entrant

(Section 501(e) of the Refugee Education Act of 1980)

Eligible
12-Considered a permanent resident by INS Ineligible
13-Special AG worker under Section 210(A) Ineligible
14-Additional Special AG worker under Section 210A Ineligible
15-Withheld Deportation-Section 243(h) or 241(b)(3) Eligible

16-Battered Alien

 

Code the battered immigrant adult or child or parent with the broadest immigrant eligibility category that applies to that person (e.g., a battered refugee immigrant, code as refugee). Document in case comments that the person is a battered immigrant and therefore exempt from sponsor deeming. Do not list the sponsor in CARES on ACCH. Do not list any of the sponsor's income and assets.

Ineligible unless:

  • meets work quarter requirement, or
  • meets military requirement, or
  • receives disability benefit, or
  • has lived in the US as a qualified alien for 5 years from the date of entry, or
  • under age 18, or
  • was a legal resident on August 22, 1996, and born before August 22, 1931.
17- Amerasians Eligible
18 - Native Americans born abroad Eligible

19 - Trafficking Victims - Including the minor children, spouses, and in some cases the parents and siblings of victims of severe trafficking (Treat as refugee under section 207 of the INA), the spouse, child, parent or unmarried minor sibling of a victim of a severe form of trafficking in persons under 21 years of age, or the spouse or child older than 21 who has received a derivative T visa, to the same extent as an alien who is admitted to the United States as a refugee under Section 207 of the INA.

Eligible

 

 

2) Use chart 2 for decoding the admission or adjustment codes from INS. Refer also to the INS SAVE Manual M300 (revised 09-00) and the Travel and Identity Documents guide.

 

CHART 2

Immigration Status

CARES Code

I-94 Codes

I-551 Codes

Other

Cuban/Haitian Entrant

11

212(d)(5) or paroled or C/H Entrant and from Cuba or Haiti or I-551 stamp and CU6 or CH6

CU6 or CU7, CH6

Unexpired and expired 1-551 stamp in foreign passport

Deportation Withheld

15

106 or 243(h) or 241(b)(3)

NA

INS Form I-688B annotated 274a.12(a)(10); INS Form I-766, annotated A10; order from an immigration judge showing deportation withheld under 243(h) or removal withheld under 241(b)(3)

Battered Alien

16

AR1, AR6,

C20 through C29, CF1, CF2, CR1, CR6, CR7, CX1, CX2, CX3, CX6, CX7, CX8,

F20 through F29, FX1, FX2, FX3, FX6, FX7, FX8, IF1, IF2, IR1, IR2, IR3, IR4, IR6, IR7, IR8, IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21, P22, P23, P26, P27, P28; IB3, IB6, IB7, IB8, B11, B12, B16, B17, B20 through B29, B31, B32, B33, B36, B37, B37, B38, BX1, BX2, BX3, BX6, BX7, BX8 some Z13

AR1, AR6,

C20 through C29, CF1, CF2, CR1, CR6, CR7, CX1, CX2, CX3, CX6, CX7, CX8,

F20 through F29, FX1, FX2, FX3, FX6, FX7, FX8, IF1, IF2, IR1, IR2, IR3, IR4, IR6, IR7, IR8, IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21, P22, P23, P26, P27, P28; IB3, IB6, IB7, IB8, B11, B12, B16, B17, B20 through B29, B31, B32, B33, B36, B37, B38, BX1, BX2, BX3, BX6, BX7, BX8 some Z13

I-551 stamp in foreign passport with one of the preceding codes; or

IMPORTANT: Applicant has filed an I-130 or I-360 petition as a battered alien.

INS Form - 797 is documentation of approval of an I-130 application.

Amerasian

17

AM1, AM2, or AM3

AM 6, AM7, or AM8

I-551 stamp in foreign passport with one of the preceding codes

Foreign born Native American

18

S13

S13

I-551 stamp in foreign passport with S13 tribal membership card from federally recognized tribe.

Trafficking Victim

19

T-2, T-3, T-4 and T-5 known as "Derivative T" visas are not currently available in the SAVE system.

 

Call the toll-free trafficking verification line at 1-866-401-5510 to notify ORR of the benefits for which the individual has applied.

 

Health and Human Service Office of Refugee Resettlement Certification Letter

 

See also the Travel and Identity Documents Guide for explanations of the types of INS authorization documents.

 

3.12.1.2 Eligibility Pending Documentation of Immigration Status

CFR 273.2(f)(1)(ii)(B)

A non-citizen is ineligible until acceptable documentation of qualifying immigration status is provided unless:

 

  1. The agency has submitted a document provided by a household to INS for verification. Pending such verification, the agency cannot delay, deny, reduce or terminate the individual's eligibility for benefits on the basis of the individual's immigration status, or

  2. The applicant or the agency has requested qualifying quarter information from SSA . SSA has responded that the individual has fewer than 40 quarters but is investigating to determine if more quarters can be determined. The agency must certify the individual pending the results up to 6 months from the date of the original determination of insufficient quarters, or

  3. The applicant or agency has requested verification from a federal agency for verification of the alien's status. The agency must certify the individual pending the results up to 6 months from the date of the original determination of insufficient quarters.

 

3.12.1.3 Work Quarter Eligibility

Legal permanent resident aliens who have worked for 40 qualifying quarters are eligible. There is no time limit on this category of eligibility.

 

A qualifying quarter includes:

  1. One worked by a parent of an alien before the alien reached his/her eighteenth birthday, including those quarters worked before the alien was born;

  2. One worked by a spouse of an alien during their marriage if the alien remains married to the spouse or the spouse is deceased.

 

Each person in the applying household is considered an applicant. Therefore, each spouse can claim the quarters of the other spouse, and the children can claim the quarters worked by their parents.

 

Count both qualifying quarters of work covered by Title II of the Social Security Act, and qualifying quarters of work not covered by Title II. Beginning 1/1/97, a quarter in which the alien received Federal means-tested assistance is not counted as a qualifying quarter.

 

3.12.1.3.1 Disclosure of Work Quarter Information

The local agency may request information from the SSA about work history for non-covered employment as well as covered employment.

 

If you are unable to determine work quarters through the SSA automated system, you may accept the applicant's sworn statement of sufficient work, pending verification, provided the applicant has been in the country sufficient time to earn the quarters (totaling the time from the employed applicant and parent and spouse).

 

The SSA is authorized to release work quarter information on an alien, an alien's parents or spouse to a county/tribal agency (not applicant) for the purpose of determining eligibility, even if the parent or spouse cannot be located or refuses to sign a release statement.

 

You may also find work quarter information through CARES data exchange screens. To verify alien's work quarters information you can request it in CARES on DXQR. It will be available on DXQC 48 hrs later.

 

3.12.1.4 Military Connection Eligibility

Qualified aliens who are honorably discharged veterans and who fulfill minimum active duty service requirements in the U.S. Armed Forces, or who are the spouse, unmarried depended child, or unremarried surviving spouse of such a veteran or active duty personnel are eligible for FoodShare benefits with no time limit exception.

 

A veteran is a person who was honorably discharged after:

  1. Serving for 24 months in the U.S. armed forces, or

  2. Serving for the period for which the person was called to active duty in the U.S. armed forces, or

  3. Serving in the Philippine Commonwealth Army or as a Philippine Scout during WW II, as described in title 107, 38 U.S.C.

 

An unmarried surviving spouse of a veteran or active duty person is defined as:

  1. A spouse who was married to the deceased veteran for at least one year, or

  2. A spouse who was married to the deceased veteran before the end of a 15 year time span following the end of the period of military service, or

  3. A spouse who was married for any period to the deceased veteran and a child was born of the marriage or was born before the marriage.

 

3.12.1.5 Battered Alien Eligibility

An alien who is the spouse or dependent unmarried child of a U.S. citizen or alien who has been battered or subjected to extreme cruelty under the following criteria is eligible:

  1. Aliens (adults or children) who have been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent, or by a member of the household of the spouse or parent who has failed to intervene to stop the battery or extreme cruelty, but only if there is a substantial connection between such battery or cruelty and the need for benefits

  2. Aliens whose child or children have been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the alien, or a member of the alien's household, and the other parent failed to intervene in the battery or extreme cruelty, and the alien did not actively participate in the battery or cruelty, but only if there is a substantial connection between such battery or cruelty and the need for benefits.

  3. Alien children whose parent has been battered or subjected to extreme cruelty in the U.S. by the parent's spouse, or by a member of the spouse's family residing in the same house-hold as the victim parent if the spouse consents to or accepts such battery or cruelty, but only if there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought.

 

Do not apply this section if the person responsible for the battery or extreme cruelty continues to reside in the same household or FS group as the person subjected to the battery or cruelty.

 

3.12.1.6 State Option FoodShare Program (SOFSP)

With the passage of the 2011-13 Wisconsin State budget the State funded SOFSP program is ending effective July 1, 2011.  Federally eligible members that live with a previously eligible SOFSP member will remain eligible for Federal benefits. There is no change to the Federal eligibility

 

Ongoing Cases

A mass change ran on July 9, 2011 to re-determine ongoing benefits for all ongoing members receiving benefits under the SOFSP. If the member does not meet the Federal FS requirements his or her FS benefits will be terminated effective August 1, 2011.

 

3.12.1.7 Ineligible & Illegal Aliens

Ineligible aliens include:

  1. Visitors and tourists.

  2. Diplomats and others in Foreign Service.

  3. Persons illegally in the US.

  4. Students with student visas.

  5. Aliens who refuse to provide the documentation required to verify their qualifying immigration status.

 

Failure to verify qualifying immigration status means the person is ineligible for FS, not necessarily in the country illegally.

 

3.12.1.8 Encouraging Application

In order to encourage potentially eligible people to apply for FS, it should be made clear that we will not require those food unit members who are not requesting eligibility to furnish an SSN or alien documentation.

 

Local agencies are prohibited from contacting INS regarding the alien status of a food unit member who is not requesting eligibility unless the worker "knows" that the alien is in violation of INS law. "Knowing" is defined as having a determination of the INS or the Executive Office of Immigration Review, such as a Final Order of Deportation.  Although an agency may have contact with, or be aware of, the presence of "undocumented" aliens, it may be quite unusual for a local agency to actually "know" that an alien is not lawfully present in the U.S.

3.12.1.9 Gaining Citizenship

At application and review, applicant non-citizens aliens must be asked if they have become citizens.

3.12.1.10 Derivative Citizenship

A child born outside of the US automatically becomes a citizen of the US when ALL of the following conditions have been fulfilled:

 

  1. At least one parent of the child is a citizen of the US, whether by birth or naturalization,

  2. The child is under the age of eighteen years,

  3. The child has entered the U.S. as a legal immigrant, and

  4. The child is residing in the US in the legal AND physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

 

A child who was/ is under the age of 18 on or after February 27, 2001 and who meets all of the above requirements acquired citizenship automatically on February 27, 2001.  This rule is based on the Child Citizenship Act of 2000

3.12.1.11 Iraqis And Afghans With Special Immigrant Status

Beginning December 19, 2009, Special Immigrants from Iraq or Afghanistan are to be treated like they are refugees when determining their eligibility for FoodShare, Medicaid or BC+ for as long as they have this Special Immigration status. This policy applies to these immigrants regardless of when they received this status.

 

Class of Admission Code

Description

CARES Alien Registration Status Code

SI1

Nationals of Iraq or Afghanistan serving as interpreters with the U.S. Armed Forces

Code 04

SI2

Spouses of an SI1

Code 04

 

SI3

Children of an SI1

Code 04

 

SI6

Nationals of Iraq or Afghanistan serving as interpreters with the U.S. Armed Forces

Code 04

 

SI7

Spouses of an SI6

Code 04

 

SI8

 

Children of an SI1

Code 04

 

SQ1

Special Immigrant Iraqi Employee (Principal)

Code 04

SQ2

Spouse of SQ1

Code 04

SQ3

Children of SQ1

Code 04

SQ6

Special Immigrant Iraqi Employee (Principal Adjusting Status in the United States)

Code 04

SQ7

Spouse of SQ6

Code 04

SQ8

Children of an SQ6

Code 04

 

 

 

 

 

This page last updated in Release Number: 14-01

Release Date: 02/27/14

Effective Date: 02/27/14