Revised (8/03)

ALIENS

Determining Alien Status

A person must be a United States (US) citizen or an eligible alien in order to participate in the Food Stamp program. National of Puerto Rico, Guam, U.S. Virgin Islands, American Samoa or Swain’s Island are equivalent to US citizens.

An alien must be both a qualified alien and meet special food stamp criteria to be eligible. Aliens that are considered qualified but do not meet special food stamp criteria must live in the United States for 5 years or longer in legal qualified status to be eligible.

Qualified Aliens

Lawfully admitted for permanent residence

Granted asylum under section 208 of INA

Refugee admitted under section 207. Victims of a severe form of trafficking (Victims of trafficking are treated as refugees)

Paroled under section 212 of INA for at least one year.

Deportation withheld under 242 or 241 of INA

Granted conditional entry under 203

Cuban or Haitian entrant

Battered spouse, battered child or parent of a battered person with a petition pending under 204

Food Stamp Criteria

Refugee admitted under 207 of INA

Asylee granted asylum under 208 of INA

Deportation withheld under 242 or 241 of INA

Cuban or Haitian under 501

Amerasian immigrant under 584

Trafficking victims

(If any of the above have a final, non appealable, legally enforceable order of deportation or exclusion entered against them, they are not eligible under this provision.)

Non-citizens may receive SNAP for an unlimited time if they are:

Veterans who were honorably discharged (not for alienage), or

Active duty personnel (other than for training), or

Spouse of living or deceased veteran, if

  • Alien has not remarried, and the marriage lasted at least 1 year, or
  • a child was born during or before the marriage, or

Unmarried dependent child of such veteran or active duty person

  • (Includes unmarried dependent child under 22 who are in regular school attendance)
  • (Includes adult disabled child if disabled before adult), or

Lawful permanent residents who can be credited with 40 quarters of work

  • (Can use parents’ if earned before alien turned 18)
  • (Can use spouse’s if earned during marriage & still married or spouse dead) The alien loses the quarters of the ex-spouse if they become divorced.
  • Quarters earned after 1/1/97 must be w/o receipt of means-tested benefits

Non-citizens lawfully in US on 8/22/96 and under 18, or

Non-citizens lawfully in US on 8/22/96 and disabled or blind, or

Non-citizens lawfully in US and 65 or older on 8/22/96, or

Certain Hmong or Highland Laotians and their spouse and children, or

American Indians born in Canada to which 289 of INA act applies, and

Members of Indian tribes as defined in 4(e) of Indian Self-Determination and Education Assistance Act

Blind or disabled legal immigrants that receive a disability benefit, such as SSI or Medicaid based on a disability.

Sponsored Aliens

If admitted on or after 12/19/97 they must have an I-864 signed by their sponsor

Sponsorship continues until alien becomes a citizen or meets 40 qualifying quarters

Verifying Alien Status

An alien must present:

Immigration and Naturalization Service (INS) form I-151 or I-551, or

INS form I-94. An alien is eligible if form I-94 is annotated as follows:

  • Unexpired temporary I-551 stamp, or
  • Section 207, 208, or 243(h) of the Immigration and Naturalization Act, or
  • Section 241(b)(3) only if issued after April 1, 1997, or
  • Admission for at least one year under Section 212(d)(5), or
  • Refugee, parolee as “Cuban/Haitian Entrant” under Section 212(d)(5), or
  • Grant of asylum under Section 203(a)(7).

Amerasians must present the following:

An I-94 with the codes AM1, AM2, or AM3, or

An I-551 with the codes AM6, AM7, or AM8, or

A US passport, if stamped by INS with codes AM1, AM2, or AM3

(If not annotated as such on the alien’s I-94, Cuban and Haitian immigrants must present verification from INS that confirms admittance under Section 501(e) of the REAA of 1980)

If INS Form I-94 does not bear annotations sufficient to verify the member’s status and the alien has no other verification of alien classification OR the alien is unable to provide any INS document, do the following:

  1. Have the alien submit form G-641 to INS
  2. Advise the alien that he/she may be eligible if acceptable verification is obtained
  3. Explain that the following classifications of the INA result in eligible status:

Section 207, 208, or 243(h)

After April 1, 1997, Section 241(b)(3), or

Cuban or Haitian refugees and Amerasian asylees

4. The alien may contact INS or otherwise obtain the necessary verification, or if the alien chooses to sign a written consent, the worker may contact INS. Do not contact INS without the alien’s written consent. Written consent not required for SAVE.

5. If the alien does not wish to contact INS, give the household the option of withdrawing the application or participating without that member.

6. When the applicant or any other household member indicates inability or unwillingness to provide verification of alien status for any member, classify that member as an ineligible alien. Do not continue efforts to obtain the verification.

If the proper INS verification is not available, the alien may state the reason and submit other conclusive verification such as:

Corrobation from INS that the alien is classified pursuant to Section 207 or

208 of the INA or is a Cuban or Haitian refugee or Amerasian asylee, or

Evidence, such as a court order, stating that deportation has been withheld pursuant to Section 243(h) or after April 1, 1997, Section 241(b)(3) of INA.

Once verification to determine eligible alien status has been submitted to the INS, SSA, or another Federal agency, the worker cannot delay, deny, reduce or terminate the individual’s eligibility and must certify the individual for up to 6 months of the request for verification. If the alien does not wish the Department to contact INS to verify immigration status, the agency must give the household the option of withdrawing its application or participating without that member.

If verification of eligible alien status is subsequently received, treat it as a reported change. Restoration of benefits is not authorized.

SAVE

The Immigration and Control Act (IRCA) requires the verification of immigration status of aliens applying for benefits. The Systematic Alien Verification for Entitlement (SAVE) is the INS-operated system of verification for this purpose. Use SAVE to verify the initial documentation of alien status received from the alien. Any applicant who is not a US citizen is required to carry immigration documentation that contains an Alien Registration Number (A-Number) or Admission (I-94) Number. Use this number to access SAVE.

Complete the SAVE process for aliens who have permanent resident status. For all other aliens, repeat the SAVE process at every recertification or until the alien is granted permanent resident status. Follow this procedure:

  1. Obtain initial INS documentation of alien status from the applicant/recipient for any alien who is included in the case.
  1. At the time the documentation is received, initiate the request for verification by SAVE. Forward a memorandum to Regional Office including:

The case name and number

The names of alien members with alien numbers, birthdates, and social security numbers

Worker name, code and phone number.

Staple a copy of the memorandum to the left side of the case folder. Do not delay processing the case while awaiting receipt of the SAVE information.

When the SAVE information is received from Regional Office:

Status verified - Annotate the case record and file the response in the case.

Status not verified – Complete G-845, attach documentation & mail to INS.

If a G-845 was required, do not deny or discontinue the case based on alien status until the response is received.

Status verified – Annotate the case record and file the form in case

Status not verified – deny or discontinue benefits for unverified alien.

When a household does not provide verification of alien status for any household member, consider that member an ineligible alien.

Manual References:

Vol. I, Sections 2000-2070

Vol. II, Sections 2900-3070

Vol. X, Section 99556

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