607 Citizenship and Alien Status

Effective Date - July 1, 2006

607 Citizenship and Immigrant Status

Child Care - ARW, Chapt. 1, Purchase of Service

Food Stamps - 7 CFR 271.2, 272.1, .11, 273.2, .4; P.L. 105-185, P.L 106-386; Farm Security and Rural Investment Act of 2002

Medical Assistance - 42 CFR 435.406

POWER - ARW, Chapt. 1, Section 5

A. Determine if each Applicant or Recipient meets one of the citizenship/ immigrantage eligibility factors as indicated in the Table below to qualify for benefits, excluding an individual potentially eligible for Emergency Services for Immigrants or PDA program.

B. Determine if each child is a U.S. citizen or the child of a parent/ Caretaker who meets one of the citizenship/immigrantage eligibility factors as indicated in the Table below for Child Care.

C. Realize automatic citizenship is granted to a child born in a foreign country or a child adopted from abroad by U.S. citizens and the child is (Child Citizenship Act, P.L. 105-185):

1. Under 18 years of age;

2. Admitted to the U.S. as a Lawful permanent Resident immigrant; and

3. In the legal and physical custody of at least one parent who is a U.S. citizen.

D. Realize an Adult victim of Trafficking who is certified, and a child(ren) who has a letter, are eligible for benefits the same as a refugee under 207 of the INA (see the following chart) (Trafficking Victims Protection Act, P.L. 106-386):

1. Understand the certification letter for the adult(s), and letter for a child(ren), will be issued by the Department of Health and Human Services, Office of Refugee Resettlement (ORR), and is to be accepted in place of INS documentation;

2. Confirm the validity of the certification letter, or letter for a child(ren), and notify ORR of the benefits for which the individual(s) has applied by calling the trafficking Verification line at (202) 401-5510;

3. Record and set an alert for the expiration date of the certification date as a review of continuing eligibility must be conducted.

Citizen/Noncitizen Eligibility
	CC	FS	ME	PO
U.S. Citizen or resident of American Samoa or Swains Island (noncitizen national)	Yes	Yes	Yes	Yes
Illegal immigrant	No	No	**No	No
Immigrants eligible indefinitely:
Lawful permanent resident (LPR) immigrants	Yes	Eligible after 5 yrs. of U.S. residence OR LPRs who have been in US for LESS than 5 yrs. but who can be credited with 40 qualifying quarters of work would still be eligible.	Eligible after 5 years*Need 40 Qualifying quarters	Yes
U.S. military connection (veteran, active duty, spouse or unmarried Dependent child)	Yes	Yes	Yes	Yes
Battered spouse, child, or parent or child of a battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of the INA	Yes	Eligible after 5 yrs. of U.S. residence.	Yes	Yes
Lawfully in U.S. on 8/22/96 & age 65 or older	Yes	Yes	No	No
Qualified immigrant receiving blind or disability benefits, or under 18 years of age, regardless of date of entry	Yes	Yes	No	No
Canadian born Indians under 289 of the INA	No	Yes	Yes	No
Member of an Indian Tribe under 4(e) of Indian Self-Determination and Education Assistance Act	No	Yes	No	No
Hmong or Highland Laotian refugees (fought on behalf of U.S. during Vietnam conflict)	No	Yes	No	No
*DO NOT count any quarter after 12/31/96 when the immigrant received benefits from CC, FS, LIEAP, FaC/ME, PO, federally funded foster care, etc.
Qualified immigrants eligible for 5 years (PO), 7 years (FaC/KC/ME), indefinitely (CC), and (FS) eligible for 7 years under PRWORA or indefinitely after 5 years in the US from date of entry of granting of status.
Paroled under 212(d)(5) of the INA for at least 1 year..	Yes	Yes	Eligible for one year	Eligible for at least one year
Refugee under 207 of the INA from date of entry into U.S.	Yes	Yes	Yes	Yes
Granted conditional entry under Section 203(a)(7) of the INA as in effect before April 1, 1980.		Yes

Citizen/Noncitizen Eligibility (continued)
	CC	FS	ME	PO
Cubans and Haitians under 501(e) of the Refugee Education Assistance Act of 1980 from date of entry or granting of status	Yes	Yes	Yes	Yes
Asylees from date granted asylum under 208 of the INA	Yes	Yes	Yes	Yes
Deportation is being withheld under 243(h) as in effect before 4/1/97, or 241(b)(3) of the INA from date of entry or granting of status	Yes	Yes	Yes	Yes
Amerasians under 584 of Foreign Operations, Export Financing and Related Program Appropriations Act from date of entry or granting of status	Yes	Yes	Yes	Yes
**Immigrants not eligible above may be eligible for medical assistance under Emergency Services for Immigrants.

E. EPICS Coding

4. If an immigrant does not have CIS documentation, the worker shall verify the date of entry into the United States or date status was given by submitting CIS Form G-845.

a. Mail the Form G-845 to:
U.S. Citizenship and Immigration Services
4730 Paris Street, Albrook Center
Denver, CO 80239-2804

I. Documentation
The Case record shall show documentation of the Immigrant Status Verification Index (ASVI) Query Verification Number and/or contain a copy of the INS Form G-845 when secondary verification is initiated.

J. Failure to comply

1. Find the assistance unit Ineligible for Child Care and POWER when any member indicates an unwillingness to provide documentation of immigrant status.

2. Disqualify from Food Stamps any Assistance unit member who indicates an inability or unwillingness to provide documentation of immigrant status.

3. Deny medical assistance to any assistance unit member who indicates an inability or unwillingness to provide documentation of immigrant status, excluding Emergency Services for Immigrants.

K. Sponsor of an Immigrant

Child Care - No requirement

Food Stamps - 7 CFR 273.2, .4, .8 and .11

Medical Assistance – No requirement

POWER - P.L. 104-193, as amended; W.S. 42-2-109, W.S. 42-2-202

1. Deem the assets of the sponsor of an immigrant, and the sponsor's spouse, to the immigrant 100% until: (excluding for the Child Care and medical assistance programs)

a. The immigrant(s) becomes a citizen; or

b. The 40 qualifying quarters of work without receipt of government benefits exist; or

c. The sponsor dies.

Food Stamps - 7 CFR 273.2, 4, .8 and .11

2. Reduce the Value of the deemed asset(s) by $1,500 to determine the amount Available to the assistance unit.

Child Care - No requirement

Food Stamps - 7 CFR 273.2, 4, .8 and .11

Medical Assistance – No requirement

POWER - P.L. 104-193, as amended; W.S. 42-2-109, W.S. 42-2-202

3. Deem the Income of the sponsor of an eligible immigrant, and the sponsor's spouse, to the immigrant until the immigrant(s) becomes a citizen, 40 qualifying quarters of work without receipt of government benefits exist or until the sponsor dies, excluding for the Child Care and medical assistance (see Section 1802) programs.

Food Stamps - 7 CFR 273.2, 4, .8 and .11

a. Use the following to calculate the amount available to the Sponsored immigrant for Food Stamps:

(1) Deduct 20% from the gross Earned income of the sponsor/sponsor's spouse; and

(2) Deduct an amount equal to the Month gross income eligibility limit for the size of the sponsor's Household; and

(3) Divide the Net income by the number of sponsored immigrants.

b. Do not apply these provisions to:

(1) An immigrant who is a member of his/her sponsor's assistance unit;

(2) A refugee, parolee, asylee, Cuban/Haitian entrant; or

(3) A battered immigrant spouse, immigrant parent of a battered child or child of a battered immigrant after determining the battering is connected to the need for benefits and the battered individual does not live with the batterer; or

(4) An immigrant whose income, including cash contributions and the value of any in-kind assistance provided by the sponsor and others, does not exceed 130% of the FPL.