0205.040.00  Citizenship And Immigrant Status

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 changed eligibility for individuals who are not citizens of the United States. Temporary Assistance eligibility for aliens is based on whether the alien is qualified or non-qualified, and the alien's date of entry into the United States.

Effective August 1, 2003, 13 CSR 40-2.310(1)(B) states that Temporary Assistance benefits may only be granted to either a citizen or a qualified alien as defined in Title 8, Section 1641 of the United States Code and that certain qualified aliens are ineligible for five (5) years from their date of entry.

0205.040.05 Eligibility Determination

1. Declaration of Citizenship

   Applicants for Temporary Assistance must declare in writing under penalty of perjury that they are citizens or nationals of the United States or individuals in a satisfactory immigration status. Satisfactory immigration status does not cause ineligibility for the applicable program. This is declared on the application. If the applicant is not a citizen or national, require documentation of current immigration status and provision of the Alien Registration Number. Use the Systematic Alien Verification for Entitlements (SAVE) program to validate the documentation provided by the claimant. Do not delay or deny benefits solely on citizenship while awaiting the results of verification through SAVE. Use SAVE procedures at each reinvestigation if the immigration status is subject to change, documents verifying status have an expiration date, or if SAVE indicates U.S. Citizenship and Immigration Services (USCIS) is still checking for status. See 0205.040.05.25 Documentation and Verification of Citizen or Alien Status for further SAVE procedures.

2. Eligible Citizens and Immigrants Grant Temporary Assistance benefits to a citizen or an ELIGIBLE qualified alien as defined in Sections 0205.040.05.05 through 0205.040.05.15.
3. Aliens With Sponsors

   During the interview discussion, staff will need to ask if the alien has a sponsor. Request verification of the sponsor and the amount that the sponsor provides to the alien. This information should be recorded on the SPONSOR screen (FM85). The following information should be gathered on the sponsor:

   • Name;
   • Address;
   • Telephone Number;
   • A copy of the Affidavit of Support (I-864);
   • Amount provided on a monthly basis; and
   • Any other information the non-citizen can provide.

   If staff receives information that the sponsor is not meeting the financial obligation, contact IM Program and Policy.

   See Refugee Assistance Manual 1505.000.00

4. Possibility of Deportation Due to Receipt of Temporary Assistance.

Congress broadly declared as federal policy that lawfully admitted resident aliens who become public charges for causes arising after their entry are not subject to deportation.

If the participant has other questions about immigration matters, advise him/her to contact U.S. Citizenship and Immigration Services (USCIS) for more detailed information.

0205.040.05.05 Qualified Alien

A qualified alien is one who is:

• A lawful permanent resident under the Immigration and Nationality Act (INA),
• A refugee, (207 of INA)
• An asylee, (208 of INA)
• An alien who has had deportation or removal withheld under 243(h) of (INA) or 241(b)(3),
• An alien granted parole for at least one year by the BCIS under 212(d)(5) of INA,
• An alien granted conditional entry under 203(a)(7) of immigration law in effect before April 1, 1980,
• An alien granted status as a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980),
• A battered immigrant, as defined by P.L. 104-208,
• An American Indian born in Canada, if s/he is at least one-half American Indian blood,
• An Amerasian Immigrant, or
• Trafficking Victim, as defined by the Trafficking Victims Act of 2000

0205.040.05.10 Qualified Aliens Entering Prior To 8/22/96

All qualified aliens who were in the U.S. PRIOR to August 22, 1996, and who otherwise meet Temporary Assistance eligibility criteria, are eligible. The alien need not have been receiving Temporary Assistance August 22, 1996.

0205.040.05.15 Qualified Aliens Entering After 8/22/96

For qualified aliens entering the U.S. ON OR AFTER August 22, 1996, some may be eligible for Temporary Assistance immediately, while others are subject to a five-year period of ineligibility.

1. Qualified Aliens Eligible Immediately

   Qualified aliens entering the U.S. on or after August 22, 1996 who are members of the groups listed below and who otherwise meet Temporary Assistance eligibility criteria have no waiting period to obtain eligibility.

   • Refugees under 207 of INA,
   • Asylees under 208 of INA,
   • Aliens for whom deportation or removal has been withheld under either 243(h) or 241(b)(3) of the INA,
   • Cubans and Haitian entrants defined in Section 501(e) of the Refugee Education Assistance Act of 1980,
   • American Indians born in Canada,
   • Amerasian Immigrant
   • Trafficking Victim, as defined by the Trafficking Victims Act of 2000 see Refugee Assistance Manual 1505.000.00
2. Qualified Aliens Five-Year Period of Ineligibility

   Listed below are qualified aliens entering the U.S. on or after August 22, 1996 who are not eligible for Temporary Assistance for five years following their date of entry. Once the five-year period of ineligibility has expired, these qualified aliens will be eligible for Temporary Assistance in the same manner as other qualified aliens.

   • Lawful Permanent Resident
   • An alien granted parole for at least one year by the BCIS under 212(d)(5) of INA
   • An alien granted conditional entry under 203(a)(7) of INA in effect before April 1,1980
   • A battered immigrant, as defined by P.L. 104-208

   EXCEPTION: The five-year ineligibility period DOES NOT APPLY to the aliens listed above if they are:

   • on active duty in the U.S. Armed Forces;
   • a veteran;
   • the spouse or unmarried dependent child of individuals in (a) or (b). A dependent child is an unmarried child under age 18 or a child claimed as a dependent on the active duty person's veteran's income tax form. or; the unmarried surviving spouse of a veteran
   • or a child born in the United States.

0205.040.05.17 Iraq and Afghan Special Immigrants

Public Law 111-118 enacted on December 19, 2009 provides that Iraqi and Afghan Special Immigrants are eligible for benefits to the same extent and for the same period as refugees pursuant to Section 207 of the Immigrations and Nationality Act. The new legislation supersedes Public Law 110-161 and Public Law 110-181, which granted certain Iraqi and Afghan immigrants special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA) effective December 26, 2007 and was time limited. Provided that other eligibility requirements are met, Iraqi and Afghan Special Immigrants are eligible for benefits indefinitely.

NOTE: Prior to December 19, 2009, eligibility for Iraqi and Afghan Special Immigrants could not exceed eight months.

0205.040.05.17.05 Eligibility

The effective date of eligibility for both Iraqi and Afghan Special Immigrants can be no earlier than December 26, 2007, and begins the date the special immigrant status is granted. Iraqi and Afghan special immigrants enter the United States with another immigrant status, for example LPR (Lawful Permanent Resident). Once granted special immigrant status, these immigrants do not have to meet other immigrant qualifications such as residing in the U.S. for five years, during their period of special immigrant status.

0205.040.05.17.10 Verification

Verify the date of entry into the U.S. and current immigrant status of the Iraqi and Afghan Special Immigrants. Documentation needed to verify the status is provided in the Documentation for Special Immigrants chart, which is available on the FSD Intranet. To access the chart:

• from the FSD Intranet page, select either Food Stamps, MO HealthNet, or Temporary Assistance on the left side;
• on the right side under Quick Links select IM Charts;
• under FAMIS charts, select Documentation for Special Immigrants.

0205.040.05.17.15 FAMIS Entry

To enter the special immigrant information in FAMIS, take the action listed below.

• On the Non-Citizen Information (FMML) screen, enter REF (Refugee) in the status field and the date the immigrant was granted special immigrant status. Enter the appropriate verification code and record comments.

0205.040.05.20 Non-Qualified Alien

Non-qualified aliens are ineligible for Temporary Assistance.

0205.040.05.25 Documentation and Verification of Citizen or Alien Status

All non-citizen applicants who declare they are qualified aliens must provide the Bureau of Citizenship and Immigration Services (BCIS) documents to establish immigration status. You must give the alien a reasonable opportunity to provide the required documentation. If the alien does not provide the requested documentation within a reasonable time frame, you may deny eligibility. If the alien does provide the requested documentation within the time frame, verify the documentation with the BCIS using the SAVE System.

EXCEPTION: At this time, the BCIS SAVE system does not contain information about victims of severe forms of trafficking. Until further notice, do not contact SAVE concerning these individuals. See Trafficking Victims.

If an applicant presents an expired BCIS document or is unable to present any documentation of his or her immigration status, refer the person to the local BCIS District Office to obtain evidence of status unless he or she can provide you with an alien registration number. If the applicant provides an alien registration number, use the SAVE System to verify status. If the applicant presents a receipt indicating he or she has applied to BCIS for a replacement document, contact the BCIS to verify status by using the SAVE System. Contact the BCIS at any time if there is any reason to question the authenticity of a document presented or the information on the document is insufficient to determine whether the alien status requirement is met.

Acceptable documentation of qualified alien status is as follows:

1. Lawful Permanent Resident:
   1. INS Form I-551, or
   2. A temporary I-551 stamp in a foreign passport or on Form I-94 for recent arrivals.
2. Refugees:
   1. INS Form I-94 annotated with stamp showing entry as refugee under 207 of the INA and date of entry to U.S.,
   2. INS Form I-688B annotated “274a.12 (a) (3)”,
   3. I-766 annotated “A3”, or
   4. I-571.

   NOTE: Refugees usually adjust to Lawful Permanent Resident status after 12 months in the U.S., but for purposes of establishing eligibility are still considered refugees. Therefore, check the coding on Form I-551 for codes RE-6, RE-7, RE-8, or RE-9.

3. Asylee:
   1. INS Form I-94 annotated with stamp showing grant of asylum under 208 of the INA,
   2. Grant letter from the Asylum Office of the BCIS,
   3. INS Form I-688B annotated “274a.12(a)(5)”, or
   4. INS Form I-766 annotated “A5”.
4. Alien with Deportation or Removal Withheld:
   1. Order of an Immigration Judge showing deportation withheld under 243(h) or 241(b)(3) of the INA and date of the grant,
   2. INS Form I-688B annotated “274a.12(a)(10)”, or
   3. INS Form I-766 annotated “A10”.
5. Alien Granted Parole for at Least One Year:
   1. INS Form I-94 annotated with stamp showing grant of parole under 212(d)(5) of the INA and a date showing granting of parole for at least one year.
6. Alien Granted Conditional Entry:
   1. INS Form I-94 with stamp showing admission under 203(a)(7) of the INA, refugee-conditional entry,
   2. INS Form I-688B annotated “274a.12 (a)(3)”, or
   3. INS Form I-766 annotated “A3”.
7. Cuban and Haitians
   1. An I-94 Arrival/departure card with a stamp showing parole into the U.S., on or after April 21, 1980; or I-94 Arrival/departure card with a stamp showing parole at any time as a “Cuban/Haitian Entrant (status pending)”; or CH6 adjustment code on the I-551; or a Cuban or Haitian passport with a 212(d)(5) stamp dated after October 10, 1980,
   2. Department of Homeland Security (DHS) Form I-221; or DHS Form I-862; or DHS Form I-220A; or DHS I-122; or DHS Form I-221S; or Copy of DHS Form I-589 date stamped by the Executive Office for Immigration Review (EOIR); or Copy of DHS Form I-485 date stamped by EOIR; or EOIR-26; or I-766 Employment Authorization Document with the code C10; or I-688B Employment Authorization Document with the provision of law 274a.12(c)(10); or other applications for relief that have been date stamped by EOIR; or other documentation pertaining to an applicant’s removal, exclusion or deportation proceedings, or
   3. DHS receipt for filing Form I-589; or I-766 Employment Authorization document with the code C08; or I-688B Employment Authorization Document with the provision of law 274a.12(c)(8).
8. Battered Immigrant:
   1. A battered immigrant is defined in P.L. 104-208 as:
      1. an alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent; or a member of the spouse of parent's family residing in the same household as the alien if the spouse or parent consented to, or acquiesced in, such battery or cruelty,
      2. an alien whose child has been subjected to same by a spouse or a parent or the alien (without the active participation of the alien), or by a member of the spouse or parents family residing in the same household if the spouse or parent consented to, or acquiesced in, such battery or cruelty, or
      3. an alien child who resides in the same household as a parent who has been battered or subjected to extreme cruelty in the U.S. by that parent s spouse or by a member of the spouse s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if there is substantial connection between such battery or cruelty and the need for benefits to be provided.

   NOTE: IF AN ALIEN CLAIMS THIS STATUS, CONTACT IM PROGRAM AND POLICY FOR FURTHER INSTRUCTIONS.

   EXCEPTION: The battered alien will not be a qualified alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such battery or cruelty.

9. American Indian born in Canada:
   1. Birth or baptismal certificate issued on a reservation,
   2. Tribal records,
   3. Letter from the Canadian Department of Indian Affairs, or
   4. School records.

   NOTE: This does not include a spouse or child of such Indian nor a non-citizen whose membership in an Indian tribe or family is created by adoption unless such person is of at least fifty percent (50%) or more Indian blood.

10. Amerasian Immigrant:
    1. INS Form I-551 (Alien Registration Receipt Card, commonly referred to as a “green card”) with the code AM6, AM7, or AM8, or
    2. Unexpired temporary I-551 stamp in foreign passport or on INS Form I-94 with the Code AM1, AM2, or AM3.
11. Trafficking Victim, as defined by the Trafficking Victims Act of 2000:

    Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) has been delegated the authority to conduct certifications. At this time, ORR will issue certification letters to victims of trafficking who meet the certification requirements. ORR also will issue similar letters for children who have been subjected to trafficking.

    To receive a certification, a victim of trafficking must be willing to assist with the investigation and prosecution of trafficking cases AND either (1) have made a bona fide application for a T visa OR (2) be an individual whose continued presence the Attorney General is ensuring to effectuate a trafficking prosecution.

    FSD will not need to conduct any certification activities. When a victim of trafficking applies for benefits:

    1. Accept the original certification letter or letter for children in place of BCIS documentation. Victims of severe forms of trafficking are not required to provide any documentation of their immigration status. A sample certification letter is attached,
    2. Call the trafficking verification line at (202) 401-5510 to confirm the validity of the certification letter or letter for children and to notify ORR of the benefits for which the individual has applied,

       Note: At this time, BCIS Systematic Alien Verification for Entitlements (SAVE) does not contain information about victims of severe forms of trafficking. Until further notice, do not contact SAVE concerning victims of severe forms of trafficking.)

    3. Note the “entry date” which is considered the certification date, which is in the body of the certification letter or letter for children. These letters also have an expiration date, and
    4. Record the expiration dates of the certification letter or letters for children so those caseworkers will be prepared to conduct redeterminations of eligibility at that time.

       Victims of trafficking may not possess standard identity documents, such as driver's licenses or social security cards. Do not automatically deny the applications but call the trafficking verification line at (202) 401-5510 for assistance.

12. Veteran or Active Duty Military Personnel or Dependent:

    Acceptable documentation of active full-time active duty in the Armed Forces (U.S. Army, Air Force, Marine Corp, or Coast Guard) is:

    1. A current military ID card(DD Form 2 (Active)) that lists an expiration date of more than one year from the date of issue. This does not include full-time National Guard duty. If the card will expire within one year, use a copy of his/her military order to document active duty status, or
    2. A member of a reserve component shall establish status by showing a current DD Form 2 (Reserve){red} and military active duty orders showing such persons is on active duty, but NOT on active duty for training. No other method of verifying this status is currently available.

       NOTE: If the individual is unable to furnish either of the above, active duty may be verified through the nearest RAPD (Real Time Automated Personnel Identification System) located at many military installations or by notifying the following office in writing (which can be transmitted by not eligible for this status. A character of discharge “Under Honorable Conditions” is NOT an “Honorable” discharge for these purposes.

       NOTE: If the applicant cannot provide the DD-214, the Military Personnel Record Center, 9700 Page, St. Louis, MO 63132 will send a copy of the DD-214 if a signed authorization is provided.

    Acceptable Documentation for Establishing Status as a Spouse, Child, or Unmarried Surviving Spouse of an Active Duty Armed Forces Member or Veteran is possession of a current military ID Card showing:

    1. that the individual is married to a veteran or active duty member, or
    2. that a child is dependent on the veteran or active duty member of the Armed Forces for his/her support and is under the age of eighteen (18) or if a full-time student, under age twenty-two (22).

       NOTE: If the Military ID Card is unavailable or further documentation is needed, refer the individual to the VA regional office.

13. Citizenship:

    If U.S. Citizenship is questionable the following are examples of acceptable documentation:

    1. birth certificate,
    2. religious record of birth recorded in the U.S. or its territories within 3 months of birth, which indicates a U.S. place of birth. The document must show either the date of birth or individual's age at the time record was made,
    3. United States passport (not limited passport, which are issued for periods of less than 5 years),
    4. Report of Birth Abroad of a Citizen of the U.S. (Form FS-240),
    5. Certification of Birth (INS Form FS-545),
    6. U.S. Citizen I.D. Card (INS Form I-197),
    7. Naturalization Certificate (INS Forms N-550 or N-570),
    8. Certificate of Citizenship (INS Forms N-560 or N-561),
    9. Northern Mariana Identification Card (issued by the BCIS to a collectively naturalized citizen of the U.S. who was born in the Northern Mariana Islands before Nov. 3, 1986),
    10. American Indian Card with a classification code “KIC” and a statement on the back (issued by the BCIS to identify U.S. citizen members of the Texas Band of Kickapoos living near the U.S./Mexican border), or
    11. Contemporary hospital record of birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam (on or after April 10, 1899), the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain s Island, or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdiction).