ADDENDUM 6

DOCUMENTATION OF ELIGIBLE ALIEN STATUS

Qualified aliens admitted under the following sections of the Immigration and Nationality Act ( INA ) and meeting at least one of the Food Stamp Program Eligibility Requirements listed below may qualify to receive food stamps:

The following aliens may be eligible even if they are not qualified aliens:

• Certain members of the Hmong or other Highland Laotian tribe, and their spouse, widow or widower, and dependent children
   

• Certain Native Americans who were born in Canada or Mexico

The following documents may be used to verify an alien's status. Expired documents cannot be accepted as verification of current alien status.  However, information provided on the expired document can be used to obtain verification through SAVESystematic Alien Verification for Entitlements .

I-94:  Arrival-Departure Record

Aliens admitted under sections 207, 208, 212(d)(5) or 241(b)(3) or 243(h) should have this form. This form can be accepted if is annotated with one of these sections or if it is annotated with any one of the following terms or a combination of the following terms - refugee, parolee, paroled, asylum.  Form I-94 annotated with a letter (A) through (L) is not acceptable verification.

I-551:  Resident Alien Card (Alien Registration Receipt Card)

This form is a revised edition of Form I-151.  It is commonly referred to as a "green card" although it is not green.  Aliens with these cards have been admitted as Lawful Permanent Residents (LPR) as defined in section 101(a)(20) of the INAImmigration & Nationality Act . They are eligible unless they were admitted for permanent residence under section 245A or 249.

I-688:  Temporary Resident Card

This form verifies an amnesty alien has been approved for temporary residence.  When the form is coded with the section number under which the alien was admitted, the form may be used to determine if the alien is a qualified alien.  

Documentation such as an INS letter, notice of eligibility, or identification card that shows that the alien has been admitted under one of the eligible sections may be used.

I-688B:  Employment Authorization Document

When the I-688B document is coded with the section number under which the alien was admitted, the form may be used to determine if the alien is a qualified alien.  

Persons with I-688B documents may or may not be qualified aliens. It is best not to use an I-688B or any other Employment Authorization Card by itself as verification of alien status.  Persons with an Employment Authorization Card who are eligible for food stamp consideration will generally have other documentation available.

I-688A:  Employment Authorization Card

When the form is coded with the section number under which the alien was admitted, the form might be used to determine if the alien is a qualified alien.  

Miscellaneous Documentation

Forms such as I-688A, Employment Authorization Card, and I-689 show that an alien has applied for admission.  They are not acceptable documents to show that a person has been admitted under an eligible section, unless the form is properly coded with a section entitling the alien to be considered for food stamp eligibility.  Form I-181-B cannot be used as acceptable verification.

G-845: Document Verification Request

If an alien does not have documentation of his/her status, the alien can use this form to request it.  It can be used for verification if it is annotated to show the alien was admitted under an eligible section.

Victims of Trafficking – Form I-797a or Letter of Certification from ORR

Form I-797a indicating Class T-1, T-2, T-3, T-4, or T-5 Visa.  ”T status” is valid for three years from the date of approval and is not renewable. However, the individual may adjust to lawful permanent resident status with the 90-day period immediately preceding the expiration of ”T status.”

The Office of Refugee Resettlement (ORR) issues victims of trafficking a certification letter. Accept the original certification letter in place of INS documentation.  No further inquiry into the person’s immigration status is necessary.  This letter contains a certification date, which is treated as the date of entry for eligibility purposes, as well as an expiration date.  The caseworker must verify the validity of this letter and notify the ORR of the application for benefits by calling the toll-free ”trafficking verification line” at 1-866-401-5510.  

Iraqi or Afghan passport stamped with one of the following Immigrant Visa Codes:  SI1, SI2, SI3, SI6, SI7, SI8, SQ1, SQ2, SQ3, SQ4, SQ5, SQ6, SQ7, SQ8 and Department of Homeland Security (DHS) stamp or notification on passport or I-94 showing date of entry.

You may view some of these documents on the Internet at:

http://www.ncosc.net/Foreign_Nationals/Travel_Doc_Identification.pdf.  

FOOD STAMP PROGRAM ALIEN ELIGIBILITY REQUIREMENTS

In United States for Five Years

Aliens who have lived in the U.S. as a qualified alien for at least five years meet the food stamp requirements of "eligible alien."

Children Under 18 Years of Age

Qualified aliens who are under age 18 meet the food stamp requirements of "eligible alien."  Immigrants who are under age 18 must have proof of their legal immigrant status.  Obtain proof of age when questionable.  Accept any reasonable documentation.

Qualified Aliens Who Are Disabled

Qualified aliens who are disabled meet the food stamp requirements of "eligible alien."  A ”disabled individual” is defined as one who receives a disability benefit listed under the Special Category Individual definition at MS 600-2.  Immigrants who are disabled must have proof of their legal immigrant status and their disability.  Refer to MS 600-2, Special Category Individual, for the definition of disabled. Verify the individual’s disability by obtaining documentation of their receipt of disability benefits.  

Time-Limited

Refugees, asylees, those whose deportation or removal is withheld, Cuban or Haitian entrants and Amerasian immigrants meet the food stamp requirements of "eligible alien" for seven years from the date they are admitted or granted status.

Note:  

Once these aliens are in the U.S. for five years, they meet the ”five-year” requirements and will continue to be entitled to food stamps, if otherwise eligible.

Use the alien’s INS documentation to verify the date the alien was admitted or granted status.

• Refugees admitted under INAImmigration & Nationality Act section 207 meet the food stamp requirements of "eligible alien" for seven years from the date they arrive in the US.  These aliens meet the requirement for seven years from the date they arrived as a refugee, regardless of a subsequent change in status.
   

• Asylees meet the food stamp requirements of "eligible alien" for seven years from the date they are granted asylee status under INAImmigration & Nationality Act section 208.
   

• Aliens whose deportation or removal has been withheld under INAImmigration & Nationality Act section 234 (h) or 241(b)(3) meet the food stamp requirements of "eligible alien" for seven years after deportation or removal is withheld.

40 Quarters of Work Verification Requirements

Lawful Permanent Residents (LPR) who have worked and have at least 40 quarters of qualified work in a job covered by Social Security meet the food stamp requirements of "eligible alien."  Verification of quarters of coverage is required.

The following quarters of work can be allowed:

• The alien’s own quarters earned

• The quarters earned by the alien’s natural or adoptive parents, earned while the alien was under age 18

• The quarters earned by the alien’s step-parent, provided the natural parent remains married to the step-parent or the marriage ended by death of the step-parent, earned while the step-parent relationship was in existence and the alien was under age 18

• The alien’s current spouse, earned during the marriage

• The alien’s former spouse if marriage ended by death, earned during the marriage

Note:  

Quarters earned after January 1, 1997, do not count if the alien earning the quarter received food stamps, Medicaid or TANFTemporary Assistance for Needy Families during the quarter.

Verification of the immigrant work history can be obtained from the applicant, or direct from the Social Security Administration (SSASocial Security Administration) through the State Verification and Exchange System (SVESState Verification Exchange System). Refer to EISEligibility Information System Procedure 1996-1 and EISEligibility Information System Procedure 1997-7 for information on how to access and use the SVESState Verification Exchange System interface.

Amount of Earnings Needed to Earn One Quarter of Coverage:

You may view the Quarter of Coverage table on the Internet at:

http://www.ssa.gov/OACT/COLA/QC.html

Veterans

Aliens who are veterans of the U.S. military, who were honorably discharged, and their spouses and dependent children meet the food stamp requirements of "eligible alien." Spouses and dependents of U.S. citizens who are veterans of the U.S. military who were honorably discharged meet the food stamp requirements of "eligible alien."  These aliens and U.S. citizens are responsible to verify their veteran and honorable discharge status.  Acceptable verification includes documentation from the United States Department of Defense (DOD).

Active Military Personnel

Aliens who are active duty U.S. military personnel, and their spouses and dependent children, meet the food stamp requirements of "eligible alien."  Spouses and dependents of U.S. citizens who are active duty military personnel meet the food stamp requirements of "eligible alien."  These aliens and U.S. citizens are responsible to verify their active military status.  Acceptable verification includes documentation from the United States Department of Defense (DOD).

The following aliens may be eligible for food stamps even if they did not enter the United States under one of the "qualified alien" INAImmigration & Nationality Act sections:

Members of the Hmong or Highland Laotian Tribe

An alien who was a member of the Hmong or Highland Laotian tribe meet the food stamp requirements of "eligible alien" if they were a tribe member at the time the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam War era (August 5, 1964 through May 7, 1975).  A spouse, unmarried dependent child, and an unmarried surviving spouse of an eligible tribal member also meet the food stamp requirements of "eligible alien."

Accept any reasonable documentation that verifies their membership in the Hmong or other Highland Laotian tribe.

Native Americans Born in Canada or Mexico

Native Americans born in Canada living in the U.S. under section 289 of the INAImmigration & Nationality Act 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 U.S. border into Canada or Mexico.  It includes, among others, the St. Regis Band of the Mohawk in New York, the Micmac in Maine, the Abenake in Vermont, and the Kickapoo in Texas.

Generally, Native Americans from Canada or Mexico who are at least 50% American Indian, meet the food stamp requirements of "eligible alien".  Accept any reasonable documentation, including birth records, or affidavits from tribal officials.