602-1 D.     US CITIZENSHIP AND ELIGIBLE ALIEN STATUS

To receive SNAP a person must be:

• A united States citizen or U.S. National;
• A qualified alien, as described in section 602-1D 2.  Qualified aliens may be subject to limited eligibility as explained in section 602-1 D 4.
• A Native American born in Canada or Mexico who has treaty rights to cross the U.S./Canada and U.S./Mexico borders.

All other household members are treated as excluded household members.  See MS 605-2B.

Refer to MS 605-2 A for policy related to sponsored aliens.

1. United States Citizens and United States Nationals

United States citizens and U.S.United States Nationals include:

• Individuals born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands, and the Northern Mariana Islands;
• Naturalized citizens; and
• U.S. Nationals born in American Samoa or Swain's Island.  An individual who was not born in American Samoa or Swains Island, but one of his or her parents were born in American Samoa or Swains Island, may be a U.S. National. 

U.S. citizenship is verified only when questionable.  

2. Qualified Aliens

A qualified alien is defined as someone who, at the time of application, is:

a. A lawful permanent resident;

b. An asylee;

c. A refugee;

d. An alien who is a Cuban and Haitian entrant as defined in 501(e) of the Refugee Education Assistance Act of 1980;

e. An alien granted parole for at least one year by the U.S. Citizenship and Immigration Services (USCISUnited States Citizenship and Immigration Services);

f. An alien who has had deportation withheld under 243(h) of the Immigration and Nationality Act (INAImmigration & Nationality Act) as in effect prior to April 1, 1997; or 241(b)(3) of the INAImmigration & Nationality Act, as amended;

g. An alien granted conditional entry under immigration law in effect before April 1, 1980;

h. A battered spouse or child of a battered spouse of a U.S. citizen or permanent legal resident, and aliens protected under1508 of the Violence against Women Act of 2000;

i. Victims of trafficking under the Trafficking Victims Protection Act of 2000 (including certain family members of victims of a severe form of trafficking);

j. Non-citizen Native Americans as defined in 4(e) of the Indian Self-Determination and Education Assistance Act, 25 USCUnited States Code 450b(e) and 289 Native Americans;

k. Special immigrants from Iraq and Afghanistan admitted under section 101 (a) (27) of the INAImmigration & Nationality Act.

  3. Native Americans Born Outside the United States

Noncitizen members of federally recognized Indian tribes and certain American Indians born in Canada are exempted from all noncitizen provisions.

An American Indian born in Canada or a member of a federally recognized tribe may freely enter and reside in the U.S. and are considered to be lawful permanent residence and as such are qualified aliens. To be eligible, the individual must have been born outside the U.S. and meet one of the following criteria in addition to all other SNAP eligibility criteria:  

1. An American Indian born in Canada who is at least 50% American Indian blood to whom the provision of section 289 of the Immigration and Nationality Act (8 USCUnited States Code. 1359) apply.  This does not include a spouse or child of such an Indian, nor a non-citizen whose membership in an Indian tribe or family is created by adoption, unless such a person is at least 50 % Indian blood; or

2. A member of a federally recognized tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.  Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska -Native Claims Settlement Act.

4. Qualified Aliens Eligible with No Waiting Period

Qualified aliens listed at MS 602-1D(2) must also meet one of the alien eligibility requirements listed below to be entitled to receive SNAP, if otherwise eligible.

a. A person who has lived in the U.S. as a qualified alien for five years. (See FS MS 602-1D (7)(d) for more information about adding individuals once they've met the five year waiting period.)

b. A child under 18 years of age.

c. A qualified alien who is disabled as defined at FS MS 600-2.

d. A refugee.

e. An immigrant who was granted status as an asylee, a deportee, or a Cuban/Haitian entrant.

f. An Amerasian who was granted immigrant status under 584 of Foreign Operations, Export Financing and Related Program Appropriations Act.

g. A lawful permanent resident who has accumulated 40 qualifying quarters under Social Security.  A qualifying quarter earned after January 1, 1997 does not count toward this 40-quarter requirement if the alien earning the quarter received SNAP, Medicaid, or TANFTemporary Assistance for Needy Families  assistance during the quarter.  Qualifying quarters include those quarters earned by a parent (natural, adoptive or step) of an alien while the alien was a child under 18 and living with his parent. Qualifying quarters include those quarters earned by a spouse during their marriage, if the alien remains married to the spouse or the spouse is deceased.

h. Qualified aliens who are honorably discharged U.S. military veterans, active-duty military, and their spouses (including a surviving spouse who has not remarried), and unmarried dependent children (including dependent stepchildren);

Note:  

Hmong and other Highland Lao tribal people who fought on behalf of the Armed Forces of the United States during the Vietnam conflict and who have been lawfully admitted to the U.S. as permanent residents are considered veterans exempt from the five-year waiting period under this paragraph.

i. Active duty military personnel, other than active duty for training (and spouse and unmarried dependent children); the alien spouse and unmarried dependent children of a U.S. citizen who is on active duty.

j. Victim of trafficking with a valid certification letter from the Office of Refugee Resettlement or form I-797a indicating a Class T-1 Visa, or family member of victim with form I-797a indicating a Class T-2, T-3, T-4, or T-5 Visa.

k. Special immigrants from Iraq and Afghanistan admitted under section 101 (a) (27) of the INAImmigration & Nationality Act.

5. Non-Qualified Aliens

Non-qualified aliens include aliens who are permanently residing in the U.S.United States under color of law, non-immigrants, and illegal aliens. An alien who is not a "qualified alien" is not eligible for SNAP

a. Permanently Residing Under Color of Law (PRUCOLPermanently Residing Under Color of Law)

Aliens in this category are legal permanent residents of the U.S.United States even though they did not go through the process of applying for and being admitted for permanent residence.  This group includes non-qualified aliens residing in the U.S.United States with the knowledge and permission of the USCISUnited States Citizenship and Immigration Services whose departure the USCISUnited States Citizenship and Immigration Services does not contemplate enforcing.

 b. Non-Immigrants

Some aliens may be lawfully admitted but only for a temporary or specified time (visitors, tourists, students, diplomats, crewmen on shore leave, temporary workers, members of the foreign press, etc.).  These aliens are not eligible for SNAP because of the temporary nature of their admission status.  

Note:

An individual granted Temporary Protected Status (TPS) is a lawfully residing non-qualified alien.  Form I-821 is the form used to apply for Temporary Protected Status (TPS), and what is to be used as USCISUnited States Citizenship and Immigration Services documentation. 

Non-immigrant aliens can be identified by the following USCISUnited States Citizenship and Immigration Services documentation:

• Form I-94, Arrival-Departure Record; Form I-821, Application for Temporary Protected Status;

• Form I-185, Canadian Border Crossing Card;

• Form I-186, Mexican Border Crossing Card;

• Form SW-434, Mexican Border Visitor's Permit;

• Form I-195A, Crewman's Landing Permit,

• Form I-766 category C33, or Deferred Action for Childhood Arrivals (DACADeferred Action for Childhood Arrivals).

Note:

Aliens born in the Marshall Islands, Western Samoa, the Federated States of Micronesia and Palau are the most common types of non-immigrants.  These people can travel freely between the islands and the U.S.United States, but are considered non-qualified aliens and are not eligible to receive benefits.  For these people to receive benefits, they must take action to become a qualified alien.

c. Illegal Aliens

Non-qualified aliens include illegal aliens.  These aliens either were never legally admitted to the United States for any period of time, or were admitted for a limited period of time and did not leave the U.S.United States when that time expired.  

6. Documentation of United States Citizenship and Eligible Alien Status

U.S.United States citizenship is verified only when questionable.  Every household must declare that all household members have U.S.United States citizenship or satisfactory immigration status.  The adult household member or authorized representative fulfills this condition of eligibility by signing the application (Gen 50c ) or recertification application (GEN 72Eligibility review application).

a. Verification of U.S. Citizenship Is Not Required For:

•   A current Supplemental Security Income (SSI Supplemental Security Income) recipient;

•   A current Medicare recipient;

•   An individual receiving Social Security Disability Insurance (SSDI Social Security Disability Insurance) benefits;

•   Children in state foster care or Title IV-E adoption assistance; or

•   A newborn that is eligible for and receives Medicaid in their birth month.  This includes a newborn whose mother is a non-qualified alien and is determined eligible under Emergency Treatment for Aliens.  These newborns are considered to have provided satisfactory documentation of citizenship and identity, and no further documentation will be necessary in the future.

b. Acceptable Documentation

Sources of verification include birth certificates, certificates of citizenship or naturalization provided by the U.S.United States Citizenship & Immigration Services (USCISUnited States Citizenship and Immigration Services), U.S.United States passports, and official identification cards showing U.S.United States citizenship.  U.S.United States National status may be verified with a U.S.United States. passport stamped ”U.S.United States National.”

Note: 

Information obtained through the Federal Data Services HUB in ARIESAlaska's Resource for Integrated Eligibility Services may not be used as verfiication for SNAPSupplemental Nutrition Assistance Program.  Please see MAGI MS 823-3(A)

c. Proof of Qualified Alien Status

An alien must provide proof of his or her qualified alien status.   The following documents are acceptable for determining alien status and whether the alien is subject to the five-year waiting period:

Certain USCISUnited States Citizenship and Immigration Services documents can be viewed online at https://www.uscis.gov/forms/all-forms. 

Note:

If an applicant presents a receipt indicating that he or she has applied to USCISUnited States Citizenship and Immigration Services  for a replacement document for one of the documents identified above, contact the USCISUnited States Citizenship and Immigration Services  to verify status by filing a G-845 with the local USCISUnited States Citizenship and Immigration Services  district office and attach a copy of the receipt.

d. Systematic Alien Verification For Entitlements (SAVESystematic Alien Verification for Entitlements) Program

The Systematic Alien Verification for Entitlements (SAVESystematic Alien Verification for Entitlements) is a program run by the U.S.United States Citizenship and Immigration Services which provides both an online system and a paper-based process to verify the immigration status of aliens who apply for SNAP.

The Verification Information System (VISVerification Information System) is the online verification system.  The paper-based process makes use of the G-845, Document Verification Request.

The documents provided by each alien as verification of immigration status must be authenticated by using the SAVESystematic Alien Verification for Entitlements  program.  The VISVerification Information System system will identify whether or not the alien has been lawfully admitted into the U.S.United States   However, it may not provide enough information to determine whether or not the individual is a "qualified alien."  The date of entry indicated on the VISVerification Information System database may not accurately reflect the date an immigrant physically arrived in the U.S.United States

Secondary verification may be needed if no records are found or if there are discrepancies between the alien’s documents and VISVerification Information System.  Written consent from the household is required to contact USCISUnited States Citizenship and Immigration Services  to obtain documentation or information to verify the alien's status.  

If the alien does not want the caseworker to contact USCISUnited States Citizenship and Immigration Services, the household can withdraw its application or participate without that member.

Written consent is not required to:

• Contact USCISUnited States Citizenship and Immigration Services to verify the validity of documentation provided by the alien.
• Use the SAVESystematic Alien Verification for Entitlements inquiry process.

For further guidance on alien verification, see Addendum 6.

Verification of each alien’s status through the SAVESystematic Alien Verification for Entitlements program is required whenever an application is processed for a household containing one or more alien members, and whenever an alien is added to a household.  All such contacts must be clearly documented in the case record.  

See Administrative Procedures Manual Section 105-14 for instructions on how to use the SAVESystematic Alien Verification for Entitlements  program.

7. Case Processing for Households with Eligible Aliens

a. Household Provides Documentation of Alien Status

An alien that provides documentation verifying eligible alien status, if otherwise eligible, can be issued benefits.
 

Validate the USCISUnited States Citizenship and Immigration Services documents through the Systematic Alien Verification for Entitlements Program (SAVESystematic Alien Verification for Entitlements).  Refer to Administrative Procedures Manual section 105-14.  Process the application if the SAVESystematic Alien Verification for Entitlements inquiry is not completed by the 30th day from the application date.  The person's eligibility on this factor is assumed until the SAVESystematic Alien Verification for Entitlements process proves otherwise.  If documents are being validated through SAVESystematic Alien Verification for Entitlements, record the Verification Number in the case file.

b. Documentation Not Provided With Application or at Interview

A household member whose U.S.United States citizenship is questionable or who has not provided documentation of alien status is not eligible until citizenship/alien status is verified.

Pend the application and send a notice to the household giving it at least ten days to provide the documentation.  If documentation verifying U.S.United States citizenship or qualified alien status is received during the pend period, process the application including the person as an eligible household member.

c. Documentation of Alien Status Not Provided Following the Request for Information

The person whose U.S.United States citizenship remains questionable or alien status is unverified at the end of the pend period shall be treated as an excluded member.  See MS 605-2B.  If the verification is later received, add the person into the household following the policy at MS 604-3G.

When a household indicates inability or unwillingness to provide documentation for any household member, that member is considered an excluded household member.  
 

When the only member of an applicant household indicates inability or unwillingness to provide documentation of his or her own alien status or questionable U.S.United States citizenship, he or she is ineligible and the application is denied.

d. Adding Individuals at the End of the Five-Year Waiting Period

Once an individual has met the five-year waiting period requirements, they are added to the case using policy for adding a new household member in FS MS 604-3G.

Applicants

An individual who applies for assistance is not eligible until they have met all eligibility requirements, including the five-year waiting period.

Example:

Maria submitted an application for benefits on May 21, 2011.  She has two children who were born in the United States.  She entered the country on June 2, 2006.  She is not eligible for benefits until she has met the five-year waiting period.  The application is approved.  May benefits are for the two children only with Maria coded as an ineligible alien.  Maria meets the five-year waiting period as of June 2, 2011, but because FSFood Stamp benefits cannot be prorated in the 2^nd month, Maria is added to the case effective July 1, 2011.

On-Going

Once a person reports they have met the five-year waiting period, the person is added to the case the first of the following month. The report can be received from the person or at recertification.

Example:

Bruce Lee and his family applied for assistance on January 12, 2010.  Bruce entered the United States on May 7, 2006 and is a lawful permanent resident.  The rest of his family members are U.S.United States Citizens.  The application was approved and his family has been receiving assistance since January 12, 2010.  The family turns in a GEN 72Eligibility review application on May 15, 2011 for the next review period.  The review is approved and Bruce is added to the case effective June 1, 2011 because he has met the five-year waiting period requirement. 

8. Citizenship for Certain Children Born Outside the United States

   Effective February 27, 2001, the Child Citizenship Act of 2000 allows a child born outside of the United States to acquire citizenship of the United States automatically when all of the following conditions have been fulfilled:

a. At least one parent of the child is a citizen of the United States, whether by birth or naturalization;

b. The child is under the age of eighteen years; and

c. The child is residing in the United States in the legal and physical custody of the United States citizen parent, pursuant to a lawful admission for permanent residence.

Note:

Because proof of citizenship is not automatically issued to eligible children, parents must provide proof of the child’s relationship (such as a birth certificate) to their U.S.United States citizen parent and proof that the child is lawfully admitted into the U.S.United States Parents of a foreign born child who meet the conditions of the new law should be encouraged to apply for a certificate of citizenship for their child with the USCISUnited States Citizenship and Immigration Services and/or for a passport for their child with the Department of State.

9.  Foreign Born Children Adopted By United States Citizens

Under the Child Citizenship Act of 2000, a foreign born child under age eighteen, who has been legally adopted by at least one U.S.United States citizen parent, automatically becomes a U.S.United States citizen when the legal adoption is finalized. Most of the time,  a parent will be able to verify the U.S.United States citizenship of their child by producing a U.S.United States birth certificate.

Effective January 1, 2004, a new entrant (IR-3) program was implemented, which focuses on newly entering orphans with full and final adoptions abroad. Under this new program, these children will automatically receive a Certificate of Citizenship within 45 days of entry into the U.S.United States