2140 Citizenship and Non-citizen Status - "See Policy Memo # 00-12-03 re: "Access to Benefits for Qualifying and Non-qualifying Non-citizens and Their Families".

 

Eligibility for assistance shall be limited to those individuals who are citizens or who meet qualified non-citizen status as specified in 2142 or 2143.

 

Non-citizens who are not described in 2142 or 2143, including persons not lawfully admitted to the United States and persons admitted for temporary purposes, shall not be eligible for benefits, except victims of trafficking as described in 2144. This is true even though the non-citizen may be receiving other government benefits such as Medicare. Other examples of non-eligible persons include those who are granted stays of deportation, persons admitted under the Family Unity provision, foreign visitors, tourists, diplomats, or students who enter the United States temporarily with no intention of abandoning their residence in a foreign country. A non-citizen who enters the United States for a limited period of time and subsequently decides to remain in the United States must go back to Department of Homeland Security (formerly INS) and obtain appropriate documentation before his or her eligibility can be established.

 

At the time of application, the client who signs the application form certifies under penalty of perjury the truth of the information concerning citizenship and non-citizen status of all household members for whom assistance is requested.

 

NOTE: For cases in which assistance is provided on behalf of a child, such as child care, only the citizenship or non-citizen status of the child who is the primary beneficiary is relevant for eligibility purposes.

 

2141 Citizenship - Citizens of the United States of America include persons born in any of the 50 states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, Swains Island, and the Northern Mariana Islands. Persons born in the Panama Canal Zone from 1904 to October 1, 1979 received citizenship at birth if one or both parents was a U.S. citizen. In addition, based on the provisions of the Child Citizenship Act, children born outside of the United States who are under 18, admitted to the U.S. as a lawful permanent resident, and in the legal and physical custody of a citizen parent are considered citizens at birth per 2141.1 and meet citizenship criteria automatically.   

             

NOTE: Citizens of Micronesia, Palau, and the Marshall Islands have the right to enter, work, and establish residence as a non-immigrant in the United States. They are not considered citizens of the United States and must meet the qualifications of 2142 to receive cash, child care or 2143 to receive food assistance.

 

2141.1 Citizens at Birth - With the exception of individuals born in the U.S. to foreign sovereigns or diplomatic officers, all individuals born in the United States are U.S. citizens. In addition many persons born in the U.S. territories are also citizens. Most other individuals born outside of the U.S. must become citizens through naturalization. However, certain children born outside the United States establish citizenship at birth without completing the naturalization process. These individuals are also considered citizens at birth. Although individuals who meet the criteria were issued immigration documents in order to enter the United States, some may not have obtained a Certificate of Citizenship from the Department of Homeland Security (formerly INS).

 

Foreign-born individuals born to or adopted by at least one citizen parent are potentially considered citizens at birth. The following rules shall be considered when determining if a foreign-born individual is a citizen at birth.

 

  1. For persons born on or before January 13, 1941 - At least one parent is a citizen who lived in the U.S. prior to the child's birth.
     

  2. For persons born between January 14, 1941 and November 13, 1986 - If both parents are citizens, at least one resided in the U.S. prior to the child's birth. If one parent is a U.S. citizen, the citizen parent must have lived in the U.S. for at least 10 years.
     

  3. For persons born after November 14, 1986 who are over the age of 18 - If both parents are citizens, at least one resided in the U.S. prior to the child's birth. If one parent is a U.S. citizen, the citizen parent must have lived in the U.S. for at least 5 years.
     

  4. For children under age 18 - The Child Citizenship Act of 2000 went into effect on February 27, 2001 and provides automatic citizenship to certain foreign-born children. Automatic citizenship occurs on the date the following criteria have all been met:



    This includes both natural and adopted children. These children generally enter the county with an IR-3 visa. It is not a requirement that the above criteria are achieved in a specified order, rather that the automatic citizenship is conferred upon the child on the date when all criteria have been achieved. Individuals who were under 18 and living in the U.S. on February 27, 2001 and met the new criteria also became citizens on that date. 
     

See 2145 for citizenship documentation requirements.

 

2142 Qualified Non-Citizen Status for the Cash and Child Care Programs - Eligibility for cash, and child care benefits is limited to the following groups of qualifying non-citizens who also meet state residency requirements. Documentation requirements are specified in the Non-Citizen Qualification Chart in the Appendix. The 5 year ban on receipt of assistance described in 2142.2 does NOT apply to the following non-citizens.

 

2142.1 Eligible Non-Citizens - The following non-citizens are eligible for cash and child care benefits.

 

  1. Refugees admitted under 207 of the Immigration and Nationality Act (INA);

    NOTE:     Non-citizens who are certified victims of severe forms of trafficking are eligible to the same extent as non-citizens who are admitted to the U.S. as refugees under section 207 of the INA. See 2144.

    NOTE: Effective December 19, 2009, Iraqi and Afghani Special Immigrants (SIVs) are eligible for cash and child care benefits to the same extent and for the same time periods as refugees. Iraqi and Afghani aliens (non-citizens) and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a)(27) of the INA. See Appendix item A-13 for a list of documents that will confirm Iraqi and Afghani special immigrant status.
     

  2. Asylees granted asylum under 208 of the INA;
     

  3. Non-citizens whose deportation has been withheld under Section 243 (h) of the INA or removal withheld under Section 241(b)(3) of the INA;
     

  4. Cuban or Haitian entrants as defined in section 501 of the Refugee Education Assistance Act of 1980;
     

  5. Persons admitted as an Amerasian Immigrant pursuant to section 584 of the Foreign Operational Export Financing, and Related Programs Appropriations Act of 1988;
     

  6. Persons who have obtained lawful permanent resident status or who have been battered per 2142.2 (3) below and are honorably discharged veterans or are on active duty in the United States armed forces. The former or current spouse and/or dependent children of such persons are also potentially eligible under this provision. (Includes individuals who served in the Philippine Commonwealth Army during WW II or as Philippine Scouts following the war. This change is pursuant to the Balanced Budget Act of 1997.);
     

  7. Persons who have obtained lawful permanent residence status and who entered the U.S. on or before August 22, 1996. This includes persons who did not obtain lawful permanent resident status until after August 22, 1996 (Also see .);
     

  8. Persons granted parole or conditional entry status and who entered the U.S. on or before August 22, 1996. This includes persons who did not obtain such status until after August 22, 1996; and
     

  9. Persons who do not meet one of the other qualifying statuses, but who have been battered or subject to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent and who entered the U.S. on or before August 22, 1996. Such persons must have a pending or approved Violence Against Women Act (VAWA) case or family-based petition before the Department of Homeland Security (formerly INS). This also includes the person's children who have also been battered or subject to extreme cruelty.

  10. Compacts of Free Association (COFA) Citizens of the Federated States of Micronesia, the Republic of the Marshal Islands, and the Republic of Palau who lawfully reside in the United States.  

 

2142.2 Non-Citizens Who Qualify After 5 Years From the Date of Entry or the Date Status Was Granted - If otherwise eligible, the following non-citizens who entered the U.S. after August 22, 1996 qualify for cash and child care benefits 5 years after their date of entry to the United States:

 

If they have not been in the country for five years from date of entry, they do not meet non-citizen criteria and are ineligible.

 

The date of entry for persons who entered the country on or after August 22, 1996 is the date the individual attained one of the qualifying statuses listed below. The date the immigrant actually entered the country is not relevant unless it is prior to August 22, 1996. The five year bar begins to run from the date the immigrant obtains a qualified status.

 

  1. Persons lawfully admitted for permanent residence;
     

  2. Persons granted parole or conditional entry status;
     

  3. Persons who do not meet one of the statuses listed in (1) or (2) above, but who have been battered or subject to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent with pending or approved Violence Against Women Act (VAWA) cases or family-based petitions before the Department of Homeland Security (formerly INS) . This also includes the person's children who have also been battered or subject to extreme cruelty.