2143 Qualified Non-Citizen Status for Food Assistance -"See Policy Memo # 03-02-01 re: "Restoration of Food Assistance Benefits for Non-citizens".

Eligibility for food assistance benefits is limited to the following groups of qualifying non-citizens who also meet state residency requirements:

 

This includes non-citizens who entered the country or were granted one of the qualifying statuses after August 22, 1996. Documentation requirements are specified in the Non-Citizen Status/Program Qualification Chart in the Appendix. Also refer to the Guidance on Non-Citizen Verification - Food Assistance Program, Appendix Item A-2.

 

2143.1 Non-citizens Immediately Eligible -  Non-citizens meeting one of the following qualifying statuses are eligible immediately after the date of entrance or the date status was granted:

 

  1. Aliens who have been granted the status of Cuban or Haitian entrants as defined in section 501(e) of the Refugee Education Assistance Act of 1980; or
     

  2. Individuals who lawfully reside in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
     

NOTE: Prior to the Farm Bill of 2002, non-citizens noted above were only eligible for 7 years after the date of entrance in the U.S. or the date status was granted. The Farm Bill changed the law to state that non-citizens as described above who have been in the U.S. for a period of 5 years or longer are eligible for food assistance. For all practical purposes therefore, the above categories of non-citizens qualify for food assistance indefinitely. The main group of non-citizens affected by the new 5-year requirement are legal permanent residents who formerly could only qualify if they had 40 qualifying quarters of coverage. See the next section.

 

2143.2 Non-Citizens Who Qualify After 5 Years from the Date of Entry or the Date Status was Granted - Individuals lawfully admitted for permanent residence are eligible for Food Assistance after they have lived in the United States for a period of five years or longer.
 

NOTE: Lawful permanent residents formerly could only qualify for food assistance when they had worked 40 qualifying quarters of coverage (or by being credited with such qualifying quarters) as defined under Title II of the Social Security Act. 40 qualifying quarters equates to approximately 10 years of work. The 40 quarter requirement was not removed when the Farm Bill was passed. For all practical purposes, therefore, effective April 1, 2003, lawful permanent residents are eligible after they have lived in the United States for five years or longer. In some very rare situations, a lawful permanent resident who has not been in the U.S. for five years or longer may qualify by having worked 40 qualifying quarters. This may occur for example, if the person worked legally in the U.S. but lived in another country, or a person is using the 40 qualifying quarters of a spouse to qualify because he/she has not been in the country for five years. Refer to Appendix Item A-4, Guidance on 40 Qualifying Quarters.

 

NOTE: The five year waiting period does NOT apply if the person meets one of the criteria in  2143.3.

 

2143.3 Special Non-citizen Provisions - Persons who are admitted for lawful permanent residence and meet one of the following are eligible for food assistance indefinitely and without the 5 year waiting period described in 2143.2.

 

  1. Are under 18 years old

    1. Once a person qualifying under this provision turns age 18 they must qualify under another condition to remain eligible. If they do not qualify under any other criteria, the person will have to meet the 5-year criteria.

  2. Have 40 qualifying work quarters

  3. Are receiving benefits for blindness or disability as defined in the Definition of Common Terms, Appendix item X-6

  4. Were lawfully residing in the U.S. and 65 or older on August 22, 1996

  5. Have a U.S. military connection

    1. This applies to honorably discharged veterans or those on active duty in the United States Armed Forces. This also applies to the spouse and/or dependent children of such non-citizens.

  6. Are admitted to the United States as an Amerasian immigrant

  7. Are an American Indian born abroad

  8. Hmong or Highland Laotian tribal members

 

2143.4 Non-citizens Unable or Unwilling to Provide Immigrant Documentation - Non-citizens that are unable or unwilling to provide immigrant documentation are considered household members, but they are not included in the household size or considered in any of the non-financial tests. Persons “unable” include non-citizens who may have lost their immigrant papers and do not want to go through the process to obtain them again, or persons who are not in the country legally. Persons “unwilling” to provide immigrant documentation include those who do not want to participate in the Food Assistance Program as well as those who have failed to respond to a request for information regarding immigrant status or documentation. Their income, expenses, and resources are counted in full in determining the eligibility of the remaining household members. See KEESM 4212.3.

Note: If a secondary verification is required in SAVE, and the agency does not have a reply to the request for secondary verification, the provisions of this section do not apply. The person would be considered ineligible and prorated income and deductions would be counted instead of full income and deductions.  See the KEES User Manual for further information on system processing.

 

2144 Victims of Trafficking (TANF and Child Care) - The Trafficking Victims Protection Act of 2000, Public Law No. 106-386, makes adult victims of severe forms of trafficking who have been certified by the U.S. Department of Health and Human Services (HHS) eligible for benefits and services to the same extent as refugees. Children who have been subjected to trafficking are also eligible like refugees but do not need to be certified. The Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), Public Law 110-193, expands the categories of non-citizens eligible to participate under the Trafficking Victims Protection Act of 2000 to include minor children, spouses and in some cases the parents and sibling of victims of severe trafficking. Also see item 5 below.

 

HHS' Office of Refugee Resettlement (ORR) will make certification determinations and issue letters of certification for victims of severe forms of trafficking. ORR also will issue similar letters for children who have been subjected to trafficking.

 

When a victim of trafficking applies for benefits (TANF or Child Care), the procedures for refugees are in effect with the following exceptions:

 

  1. Accept the certification letter provided by ORR as proof of a status that confers eligibility for benefits instead of requiring USCIS documentation, such as the I-94 Arrival/Departure Card. Applicants must submit the original certification letter to receive benefits.
     

  2. Call the trafficking verification toll-free number, 1-866-401-5510 to confirm the validity of the certification letter or similar letter for children and notify ORR of the benefits for which the individual has applied. (NOTE: at this time, SAVE does not contain information about victims of severe forms of trafficking. Until further notice, do not contact SAVE concerning victims of severe forms of trafficking.) See item 5.
     

  3. The individual's "entry date" for refugee benefits purposes is the certification date, which appears in the body of the certification letter or letter for children.
     

  4. Issue benefits to the same extent as a refugee, provided the victim of a severe form of trafficking meets other program eligibility criteria (e.g., income levels).

    Record the expiration date of the certification letter or letter for children so that benefit-granting agencies will be prepared to conduct re-determinations of eligibility at that time.
     

  1. Victims of trafficking are issued T Visas. Under the TVPRA, eligible relatives of trafficking victims are entitled to visas designated as T-2, T-3, T-4 or T-5 (collectively referred to as "Derivative T Visas"), and after issuance of the visas are eligible for federally funded benefits to the same extent as direct victims of severe trafficking, provided that they meet the other eligibility criteria for the programs. Under TVPRA, the relatives of victims of trafficking are entitled to Derivative T Visas under the following conditions:
     

It should be noted that a copy of the certification letter is not to be accepted. The client must present the "original" letter in order to qualify for benefits. Even if you know that an individual has been certified as a trafficking victim, that individual is not eligible for benefits until they have presented the original certification letter. It should also be noted that the Act does not give victims of trafficking refugee status under immigration laws. Rather, victims of trafficking are treated like refugees for benefits purposes.
 

If an individual applies who appears to qualify as a trafficking victim but the individual does not have the supporting documentation, the worker should contact EES Administration for guidance. Refer to Appendix Item A-2, Guidance on Noncitizen Verification - Food Assistance Program.