1105.010.00 CITIZENSHIP AND IMMIGRANT STATUS

IM-#104 December 4, 2006,  IM-#103 October 4, 2004,  IM-#56 April 18, 2003IM-#142 November 6, 1998

To be eligible for food stamp benefits, EU members must be residents of the United States and one of the following:

Only one adult EU member is necessary to attest to the citizenship or immigrant status of all EU members. This statement is made during the interview and recorded on the controlled flow or on the FS-1 application form. If any individual is not a U.S. citizen, the non-citizen/immigrant information is captured on the Non-Citizen Information (FMML) screen. Record the date of entry, status, and status begin date. The status begin date is the date the individual gained that particular status. If verification is not provided, leave the document type and verification fields blank. FAMIS pends the application until proper documentation is provided and entered. Verification other than client statement is not required for those who decline to declare, do not agree to sponsor contact, or have no documentation.

Advise the applicant prior to being asked to make a declaration of citizenship that s/he can decline to provide this information for any EU member. The applicant also has the right to not consent to contacting the sponsor of any EU member. If citizenship or sponsor information is not declared/provided for an individual(s), the individual(s) will not receive food stamp benefits. However, all resources and all but a prorated share of income of the individual(s) will be counted for the remaining EU members. For food stamp only cases the status code for individuals who decline to declare or those who do not consent to sponsor contact is DTD on the Non-Citizen Information (FMML) screen in FAMIS. If the sponsor information is not provided for the sponsored immigrant(s), prompt (F4=PROMPT) or enter “No” in the “Agree to Contact Sponsor” field on the Non-Citizen Information (FMML) screen. Enter CS (client statement) in the VER (verification) field.

NOTE: Any food stamp combination cases with Temporary Assistance/Medicaid enter the appropriate status code on the Non-Citizen Information (FMML) screen.

Routine verification of citizenship is prohibited unless it is inconsistent with other statements made by the applicant, information on the application, previous applications, or other information known to FSD. If information from another source contradicts statements made by a member of the EU, give the EU a reasonable opportunity (a minimum of ten days) to resolve the discrepancy. If this occurs during the application process, FAMIS pends the case for thirty days (for initial and nontimely reapplications) or until the end of the current certification (for timely reapplications) for the verification to be provided. If the verification is not provided, the individual is rejected. If this occurs while the case is active and is an interim change, the EU is given ten days to provide the documentation. If the verification is not provided, reject the individual by entering status code NOD and completing an eligibility determination. Do not allow the case to be closed, unless other verification is not provided. The EU member's role is IC (included).

Determine whether a legal permanent resident is a sponsored immigrant. Advise sponsored immigrant applicants about sponsor liability and sponsor deeming prior to completing the application for benefits. Obtain information as appropriate regarding the sponsor.

1105.010.02 United States Non-Citizen Nationals

IM-#23 April 18, 2011,  IM-#61 June 27, 2007  IM-#104 December 4, 2006,  IM-#103 October 4, 2004,  IM-#56 April 18, 2003

Certain non-citizen Nationals of the United States can receive Food Stamp benefits. These individuals can receive Food Stamp benefits indefinitely as long as they meet other Food Stamp financial and non-financial requirements. Enter NAT (Nationals) in the status code field of the Non-Citizen Information (FMML) screen in FAMIS. The applicant's statement that he or she is a U.S. non-citizen National is sufficient for Food Stamp purposes.  Verification of citizenship status is not required unless questionable.

Individuals born in one of the following territories are eligible for Food Stamp benefits as a National:

Primary documentation/verification of National status includes:

Secondary documentation/verification includes:

Contact Food Stamp Program and Policy for additional sources of primary or secondary verification of U.S. Nationality. In addition to the primary and secondary documentation/verification, the applicant must state that he/she does not owe allegiance to a foreign state or country.

1105.010.03 Cross-Border Native Americans

IM-#61 June 27, 2007  IM-#104 December 4, 2006,  IM-#103 October 4, 2004,  IM-#56 April 18, 2003, IM-#142 November 6, 1998

Certain American Indians born in Canada can receive food stamp benefits. These individuals can receive food stamp benefits indefinitely as long as they meet other food stamp financial and non- financial requirements.

American Indians born in Canada meeting the provisions of Section 289 of the Immigration and Nationality Act and members of an Indian tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act can receive food stamps. This provision is intended to cover Native Americans who are entitled to cross the United States border into Canada or Mexico.

Enter HLC (Hmong/Laotian Hilanders/Crs Brdr Natives) in the status code field and the appropriate verification code on the Non-Citizen Information (FMML) screen in FAMIS. Client statement is not an acceptable verification code. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen Information (FMML) screen.

Acceptable verifications that a Native American was born in Canada are:

A cross-border Native American may have USCIS documentation establishing Lawful Permanent Resident status.

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

1105.010.04 Hmong, Laotian Highlanders

IM-#104 December 4, 2006,  IM-#103 October 4, 2004,  IM-#56 April 18, 2003, IM-#142 November 6, 1998

Certain Hmong, Laotian Highlanders can receive food stamp benefits. These individuals can receive food stamps indefinitely as long as they meet other food stamp financial and non- financial requirements.

Hmong and Laotian Highlanders who can receive benefits are those:

The spouse or unremarried surviving spouse and unmarried dependent children of a Hmong and Laotian Highlander may also be eligible for food stamp benefits.

Enter HLC (Hmong/Laotian Hilanders/Crs Brdr Natives) in the status code field and the appropriate verification code on the Non-Citizen Information (FMML) screen in FAMIS. Client statement is not an acceptable verification code. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen Information (FMML) screen.

Contact Food Stamp Program and Policy for instructions on how to verify this immigration status.