1105.010.05 Qualified Immigrants

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

An immigrant must be a qualified immigrant as well as in one of the eligible immigrant categories to be eligible for the Food Stamp Program. The qualified immigrant categories are:

1105.010.10 Eligible Immigrants

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

After the immigrant is determined to be a qualified immigrant, he or she must be eligible to receive food stamp benefits by meeting a qualifying condition such as disability, date entered the United States, length in the United States, work history in the United States, etc. Under each eligible immigrant category are the additional conditions that group must meet in order to receive food stamp benefits.

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.

1105.010.10.05 Immigrants Who Have Resided in the US with a Qualified Status for Five Years

IM-#103 October 4, 2004,  IM-#56 April 18, 2003

An immigrant is eligible to receive food stamp benefits indefinitely, as long as s/he meets the other food stamp eligibility criteria, if the immigrant:

Immigrants with a qualified status for over five years are eligible to receive food stamps. The most common qualified statuses for this group of immigrants are lawful permanent residents and battered immigrants. Enter the appropriate status code and verification code on the Non-Citizen Information (FMML) screen. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen (FMML) screen. FAMIS reads the entry date and status begin date of these individuals to determine if the immigrant has resided in the US for five years and has had a qualified status for five years. If the entry date is prior to the current status begin date, enter all the statuses an individual has had to determine benefits correctly.

1105.010.10.07 Immigrant Children

IM-#52 May 30, 2013, IM-#121 November 17, 2004,  IM-#112 August 21, 2003

Immigrant children under age 18 can receive Food Stamps as long as they meet qualified immigrant criteria and the other Food Stamp eligibility criteria. Immigrant children do not have to meet the five year waiting period or other eligible immigrant criteria.

Enter the appropriate status code and verification code on the Non-Citizen Information (FMML) screen. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen (FMML) screen. FAMIS reads the age of the immigrant and if a valid qualified immigrant code is entered and the child is under 18, FAMIS passes the EU member for Non-Citizen eligibility.

When the child turns 18, s/he must meet another eligible immigrant criteria to continue receiving Food Stamp benefits.

EXAMPLE 1: Jane is a lawful permanent resident (LPR) who entered the US January 15, 1998. Her family is receiving Food Stamp benefits when she turns 18 in November 2003. Because Jane is a qualified immigrant (LPR) and meets an eligible criteria (resided in the US for five years in a qualified status) she remains eligible to receive Food Stamp benefits.

EXAMPLE 2: John is a lawful permanent resident (LPR) who entered the US January 15, 2002. His family is receiving Food Stamp benefits when he turns 18 in February 2004. John is a qualified immigrant (LPR); however he does not meet an eligible criteria. John is no longer eligible to receive Food Stamp benefits after his 18th birthday, until he meets another eligible criteria.

FAMIS applies this policy at the next certification or next interim change entered into the system.

If an EU reports a qualified immigrant child has turned 18, complete an eligibility determination (EDRES). If the immigrant child remains eligible, there is no change to the case.  If the immigrant child is no longer eligible, authorize the notice of adverse action, and the action to remove the child.

1105.010.10.10 Disabled Immigrants

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

Disabled immigrants can receive food stamps indefinitely as long as they meet qualified immigrant criteria and the other food stamp eligibility criteria. Disabled immigrants do not have to meet the five year waiting period. A disabled immigrant is one whose disability meets the food stamp definition of disabled in Section 1100.010.00.

Enter the appropriate status code and verification code on the Non-Citizen Information (FMML) screen. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen (FMML) screen. FAMIS reads the Disabled (FMMX) screen and if a valid food stamp disabled code is entered, FAMIS passes the EU member for Non-Citizen eligibility.

1105.010.10.15 Refugees, Amerasians, Asylees, Cuban/Haitian Entrants, and Deportees

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

Qualified refugees, Amerasians, asylees, Cuban/Haitian entrants, and individuals for whom deportation is withheld (deportees) can receive food stamps indefinitely providing they meet the other food stamp eligibility criteria. These immigrants do not have to meet the five year waiting period.

Refugees, Amerasians, asylees, Cuban/Haitian entrants, and deportees whose status is later changed to another status, remain eligible for food stamp benefits under the original status.

Enter the appropriate status code and verification code on the Non-Citizen Information (FMML) screen. Enter AMA (Amerasians), ASY (granted asylum - Section 208 of INA), DEP (deportation withheld - 243(H) or 241(B)(3)), ENT (Cuban/Haitian entrant per 501(E)), or REF (refugee admitted under Sec 207 of INA), as appropriate. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen (FMML) screen.

Acceptable forms of documentation of these statuses are:

AMERASIAN IMMIGRANT:

ASYLEE:

IMMIGRANT WITH DEPORTATION OR REMOVAL WITHHELD:

CUBANS AND HAITIANS:

REFUGEES:

1105.010.10.20 Immigrants With a Military Connection

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

Qualified immigrants who have a military connection can receive food stamp benefits for an unlimited period of time. They do not have to meet the five year waiting period. A qualified immigrant with a military connection is:

An immigrant spouse of a veteran or an individual on active duty with the military, is an eligible immigrant as long as the couple remains married. If the couple divorces, the immigrant spouse must meet one of the other immigrant criteria to continue eligibility for food stamp benefits.

The definition of a dependent child is a biological or adopted unmarried child under age 18 or claimed on the veteran's or active duty person's income tax form. An immigrant dependent child remains eligible for food stamp benefits even if the parents divorce and the child does not live with the veteran/active duty person.

Enter MIL (immigrants with a military connection) as the status code and the appropriate verification code on the Non-Citizen Information (FMML) screen. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen (FMML) screen.

Acceptable verification of an immigrant's military connection follows.

1105.010.10.25 Immigrants With 40 Qualifying WORK QUARTERS Under SSA

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

Immigrants lawfully admitted for permanent residence who have worked 40 qualifying quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters can receive food stamp benefits for an unlimited period. They do not have to meet the five year waiting period. Enter QTR (immigrants with 40 qualifying quarters) for the status code on the Non-Citizen Information (FMML) screen.

For Social Security purposes, the term “quarter” means the three (3) calendar month periods ending with March 31, June 30, September 30, and December 31 of any year.

When determining if the number of qualifying work quarters total or exceed 40, consider the quarters earned by a spouse and/or parents. Refer to the guidelines for deeming quarters.

1105.010.10.25.05 Qualifying Quarters

IM-#42 May 16, 2007,  IM-#142 November 6, 1998

Qualifying quarters include:

Refer to Section 1105.098.00, Appendix B-GUIDE FOR 40 QUARTER IMMIGRANT ELIGIBILITY.

1105.010.10.25.10 Guidelines for Deeming Quarters

IM-#42 May 16, 2007IM-#103 October 4, 2004,  IM-#142 November 6, 1998

Use the following guidelines to determine if an immigrant has 40 qualifying quarters:

Do not deem:

Beginning January 1, 1997, any quarter after 12/31/96 in which the immigrant received any Federal means-tested public benefit (such as SSI, Temporary Assistance, Medicaid, and Food Stamps) is not counted as a quarter.

1105.010.10.25.15 Verification of 40 Quarters

IM-#61 June 27, 2007  IM-#142 November 6, 1998

Verify immigrant status by viewing the immigrant's USCIS document. Refer to Section 1105.097.00, Appendix A for information on acceptable forms of documentation. To verify the 40 quarters:

1105.010.10.25.20 Subtraction from Work Quarters for Receipt of Assistance Under a Federal Means-Tested Program

IM-#142 November 6, 1998

After January 1, 1997, establish whether an immigrant EU member received assistance under a federal means-tested program during January 1997 or any month thereafter.

Subtract from the work quarters the quarters after December 31, 1996 in which the person received assistance under a federal means-tested program.

1105.010.10.30 Immigrants Eligible Under the Trafficking Victims Protection Act of 2000

IM-#36 April 22, 2010IM-#16 February 16, 2005,  IM-#103 October 4, 2004,  IM-#56 April 18, 2003IM-#37 March 26, 2002IM-#142 November 6, 1998

The Trafficking Victims Protection Act of 2000 makes adults eligible for Food Stamp benefits to the same extent as refugees if they have been certified by the U.S. Department of Health and Human Services (HHS) as victims of severe forms of trafficking.

The Trafficking Victims Protection Reauthorization Act of 2003 has been expanded to include the minor children, spouses, and in some cases the parent and siblings of victims of severe trafficking.

These individuals do not have to meet the 5 year waiting period. Enter TRA (victims of trafficking) for the status code and the appropriate verification code on the Non-Citizen Information (FMML) screen. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen (FMML) screen.

Children under 18 years of age are not issued a certification letter, but are issued a different letter by ORR stating that the child is a victim of a severe form of trafficking. The child's status must be verified by Department of Health and Human Services (HHS) by the contacting the HHS trafficking victims verification toll free number (1-866-401-5510).

Use the following guidelines for victims of severe forms of trafficking:

1105.010.10.35 Lawful Permanent Residents, Parolees, Granted Conditional Entry, and Battered Immigrants

IM-#61 June 27, 2007  IM-#103 October 4, 2004

Lawful permanent residents, individuals paroled in the United States under section 212(d)(5) of the INA for at least one year, individuals granted conditional entry under section 203(a)(7) of the INA as in effect before 4/1/1980, and battered immigrants are qualified immigrants. In order to be eligible for food stamp benefits, these immigrants must meet one of the previous eligible criteria (in the U.S. for five years in a qualified status, disabled, etc.).

Enter the appropriate status code and verification code on the Non-Citizen Information (FMML) screen.

Acceptable forms of documentation of lawful permanent resident status are:

Acceptable forms of documentation of battered immigrant status are:

Acceptable forms of documentation of immigrants granted parole for at least one year:

Acceptable forms of documentation of immigrants granted conditional entry:

1105.010.10.40 Immigrants from Micronesia and Marshall Islands

IM-#103 October 4, 2004

Micronesians and residents from the Marshall Islands have free association with the United States, meaning they are allowed to enter and leave the U.S. at will. These individuals are not eligible to receive food stamp benefits, but they can apply for immigrant status with the United States Citizenship and Immigration Service (USCIS - formerly Immigration and Naturalization Service). If the individual applies for and is given a qualified immigrant status, s/he may be eligible for food stamp benefits if s/he meets the eligible criteria.

Enter MCR (Micronesians) as the status code for Micronesians and residents of the Marshall Islands on the Non-Citizen Information (FMML) screen. Client statement is an acceptable verification code. Record a comment regarding the status on the Non-Citizen (FMML) screen.

1105.010.10.45 Temporary Status

IM-#103 October 4, 2004

Individuals who entered the country as temporary residents, who have overstayed their visas, or who entered without a visa are ineligible to receive food stamp benefits.

Enter TMP (Temporary Immigrant) as the status code and the appropriate verification code on the Non-Citizen Information (FMML) screen. Record a comment regarding the status on the Non-Citizen (FMML) screen.

1105.010.10.50 Iraqi and Afghan Special Immigrants

IM-#34 April 15, 2010IM-#52 July 20, 2009IM-#112 December 29, 2008

Public Law 110-161 and Public Law 110-181, grant certain Iraqi and Afghani immigrants special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA) effective December 26, 2007. Under the special immigrant status, the immigrant is eligible for refugee resettlement assistance, entitlement programs, and other benefits as refugees. Prior to December 19, 2009, eligibility for Iraqi and Afghan Special Immigrants could not exceed eight months.

The Defense Appropriations Act of FY 2010 (Section 8120, P.L. 111-118), provides that, effective December 19, 2009, Iraqi and Afghan Special Immigrants are eligible to the same extent and for the same time period as refugees.

The effective date of eligibility for both Iraqi and Afghani Special Immigrants can be no earlier than December 26, 2007, and begins the date the special immigrant status is granted. Iraqi and Afghani Special Immigrants will either enter the U.S. as Lawful Permanent Residents (LPR) or will adjust to special immigrant status after entering the U.S. under another immigration status, such as an asylee or parolee. Once granted special immigrant status, the Iraqi and Afghani Special 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.

Iraqi and Afghani immigrants and family members must provide verification that they have been admitted under section 101(a)(27) of the INA. For reference, the Documentation for Special Immigrants chart is available on the FSD Intranet, Income Maintenance FAMIS Charts.

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.

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