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:

 

Qualified Aliens

SNAP Eligibility Requirements

Lawful Permanent Residence under Section 101, including Amerasians
 

Refugee under Section 207
 

Asylee under Section 208
 

Cuban or Haitian Entrant defined in Section 501(e) of the Refugee Education Assistance Act of 1980

 

Deportation or Removal Withheld under Section 243(h) or 241(b)(3)

 

Conditional Entrant under Section 203(a)(7)

 

Parolee under Section 212(d)(5) and status is granted for at least one year

 

Battered spouse or child under Section 204(a)(A) or (B) or 244(a)(3)

 

Victims of Trafficking under the Trafficking Victims Protection Act of 2000

 

Special immigrants from Iraq and Afghanistan admitted under section 101 (a) (27) of the INA.

  • A person who has lived in the U.S. as a qualified alien for at least five years
     

  • Children under the age of 18
     

  • Persons who are disabled as defined at MS 600-2
     

  • Entered U.S. as a refugee or Amerasian
     

  • Granted status as an asylee
     

  • Granted status as a Cuban or Haitian entrant
     

  • Deportation or removal withheld
     

  • A Lawful Permanent Resident who meets the 40 quarters requirement
     

  • Veteran (and their spouse and dependent children) who has met the minimum active duty service requirements defined as 24 months or the period for which the person was called to active duty
     

  • A person (and their spouse and dependent children) on active duty in U.S. armed forces
     

  • Victims of trafficking (and certain family members) with a certification letter from the Office of Refugee Resettlement (ORR) or form I-797a indicating a Class T-1, T-2, T-3, T-4 or T-5 Visa

 

  • Afghan special immigrants admitted under section 602(b)(8) of the Afghan Allies Protection Act of 2009 and Iraqi special immigrants admitted under section 1244(g) of the Refugee Crisis in Iraq Act of 2007.

 

 

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

 

 

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 SAVE .

 

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 INA . 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, 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.

 

 

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:

 

 

Note:  

Quarters earned after January 1, 1997, do not count if the alien earning the quarter received food stamps, Medicaid or TANF during the quarter.

 

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

 

Amount of Earnings Needed to Earn One Quarter of Coverage:

 

Year

Earnings

Year

Earnings

Year

Earnings

1975

$50

1987

$460

1999

$740

1976

$50

1988

$470

2000

$780

1977

$50

1989

$500

2001

$830

1978

$250

1990

$520

2002

$870

1979

$260

1991

$540

2003

$890

1980

$290

1992

$570

2004

$900

1981

$310

1993

$590

2005

$920

1982

$340

1994

$620

2006

$970

1983

$370

1995

$630

2007

$1000

1984

$390

1996

$640

2008

$1050

1985

$410

1997

$670

2009

$1090

1986

$440

1998

$700

2010

$1120

 

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" INA 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 INA 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.

 

Previous Section

 

Next Section

 

 

2010-02 (4/10)