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State of Wisconsin Release 09-02 June 26, 2009 |
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State of Wisconsin Release 09-02 June 26, 2009 |
7 CFR Code of Federal Regulations 273.4
3.12.1.1 Qualified Alien or Immigration Status
Chart 1- Determining if a non-citizen is eligible for FS
Chart 2- Decoding the admission or adjustment codes from INS
3.12.1.2 Eligibility Pending Documentation of Immigration Status
3.12.1.3 Work Quarter Eligibility
3.12.1.4 Military Connection Eligibility
3.12.1.5 Battered Alien Eligibility
3.12.1.6 State Option FoodShare Program (SOFSP)
3.12.1.7 Ineligible & Illegal Aliens
3.12.1.8 Encouraging Application
3.12.1.10 Derivative Citizenship
3.12.1.11 Iraqis And Afghans With Special Immigrant Status
To meet the citizenship or qualifying alien requirement for FS FoodShare , a person must be one of the following:
A citizen of the US which is defined as a person:
who was born in the US. Geographically, the US is the continental US, Alaska, Hawaii, Puerto Rico, US Virgin Islands, and Northern Mariana Islands, including Guam, or
who is a naturalized citizen of the US
A person born outside of the U.S. to, or adopted by, at least one U.S. citizen. They are sometimes referred to as a "derivative citizen."
A non-citizen with a qualifying immigration status.
Use Chart 1 to determine if a non-citizen is eligible for FS. If federal requirements are not met, a qualified non-citizen may be eligible for the State Option FoodShare Program (SOFSP).
Use Chart 2 for decoding the admission or adjustment codes from INS Immigration & Naturalization Service. Refer also to the INS SAVE Manual M300 (revised 09-00) and the Travel and Identity Documents guide.
|
Alien Status Code |
Federal FoodShare |
State Option FoodShare Program (SOFSP) |
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Date of Entry Before 8/22/96 |
Date of Entry On or After 8/22/96 |
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|
Citizen |
Eligible |
Eligible |
NA
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01-Lawfully admitted for permanent residence |
Ineligible unless:
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Ineligible unless:
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Eligible if federal requirements are not met. |
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02-Permanent Resident under color of law (PRUCOL) |
Ineligible |
Ineligible |
Ineligible |
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03-Conditional Entrant Lawfully present under Section 203(a)(7) |
Ineligible unless:
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Ineligible unless:
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Eligible if federal requirements are not met. |
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04-Refugee Lawfully present under Section207 |
Eligible for first seven years after date of entry. After seven years only eligible if:
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Eligible for first seven years after date of entry. After seven years only eligible if:
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Eligible if the federal requirements are not met. |
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05-Asylee Lawfully present under Section 208 |
Eligible for first seven years after asylum was granted. After seven years only eligible if:
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Eligible for first seven years after granted asylum. After seven years only eligible if:
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Eligible if the federal requirements are not met. |
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06-Parolee Lawfully present under Section 212(d)(5) |
Ineligible unless:
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Ineligible unless:
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Eligible if the federal requirements are not met. |
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07-IRCA |
Ineligible |
Ineligible |
Ineligible |
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08-Work Authorization: Temp. |
Ineligible |
Ineligible |
Ineligible |
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09-Undocumented Alien |
Ineligible |
Ineligible |
Ineligible |
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10-Illegal Alien |
Ineligible |
Ineligible |
Ineligible |
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11-Cuban/Haitian Entrant (Section 501(e) of the Refugee Education Act of 1980) |
Eligible for first seven years after date of entry. After seven years only eligible if:
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Eligible for first seven years after date of entry. After seven years only eligible if:
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Eligible if federal requirements are not met. |
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12-Considered a permanent resident by INS |
Ineligible |
Ineligible |
Ineligible |
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13-Special AG worker under Section 210(A) |
Ineligible |
Ineligible |
Ineligible |
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14-Additional Special AG worker under Section 210A |
Ineligible |
Ineligible |
Ineligible |
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15-Withheld Deportation-Section 243(h) or 241(b)(3) |
Eligible for first seven years after date of withheld deportation. After seven years only eligible if:
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Eligible for first seven years after date of withheld deportation. After seven years only eligible if:
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Eligible if federal requirements are not met. |
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16-Battered Alien
Code the battered immigrant adult or child or parent a person's biological, step, or adoptive mother or father regardless of age. Parenthood doesn't have to be verified with the broadest immigrant eligibility category that applies to that person (e.g., a battered refugee immigrant, code as refugee). Document in case comments that the person is a battered immigrant and therefore exempt from sponsor deeming. Do not list the sponsor in CARES Client Assistance for Reemployment and Economic Support on ACCH. Do not list any of the sponsor's income and assets. |
Ineligible unless:
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Ineligible unless:
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Eligible if federal requirements are not met. |
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17-Amerasians |
Eligible for first seven years after date of entry. After seven years only eligible if:
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Eligible for first seven years after date of entry. After seven years only eligible if :
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Eligible if federal requirements are not met. |
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18 – Native Americans born abroad |
Eligible |
Eligible |
Eligible |
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19 - Trafficking Victims - Including the minor children, spouses and in some cases the parents and siblings of victims of severe trafficking.
In the case of an alien who is awarded a T visa and who is under 21 years of age on the date the T visa application was filed, Derivative T visas are available to the alien's spouse A person recognized by Wisconsin law as another person's legal husband or wife. Wisconsin does not recognize common law marriage., children, unmarried siblings under 18 years of age on the date on which the alien's visa application was filed and parents.
In the case of an alien who is awarded a T visa and was 21 years of age or older on the date the T visa application was filed, the Derivative T visas are available to the alien's spouse and children. |
Eligible for first seven years after date of entry. After seven years only eligible if:
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Eligible for first seven years after date of entry. After seven years only eligible if :
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Eligible if federal requirements are not met. |
2) Use chart 2 for decoding the admission or adjustment codes from INS. Refer also to the INS SAVE Manual M300 (revised 09-00) and the Travel and Identity Documents guide.
CHART 2
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Immigration Status |
CARES Code |
I-94 Codes |
I-551 Codes |
Other |
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Cuban/Haitian Entrant |
11 |
212(d)(5) or paroled or C/H Entrant and from Cuba or Haiti or I-551 stamp and CU6 or CH6 |
CU6 or CU7, CH6 |
Unexpired and expired 1-551 stamp in foreign passport |
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Deportation Withheld |
15 |
106 or 243(h) or 241(b)(3) |
NA |
INS Form I-688B annotated 274a.12(a)(10); INS Form I-766, annotated A10; order from an immigration judge showing deportation withheld under 243(h) or removal withheld under 241(b)(3) |
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Battered Alien |
16 |
AR1, AR6, C20 through C29, CF1, CF2, CR1, CR6, CR7, CX1, CX2, CX3, CX6, CX7, CX8, F20 through F29, FX1, FX2, FX3, FX6, FX7, FX8, IF1, IF2, IR1, IR2, IR3, IR4, IR6, IR7, IR8, IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21, P22, P23, P26, P27, P28; IB3, IB6, IB7, IB8, B11, B12, B16, B17, B20 through B29, B31, B32, B33, B36, B37, B37, B38, BX1, BX2, BX3, BX6, BX7, BX8 some Z13 |
AR1, AR6, C20 through C29, CF1, CF2, CR1, CR6, CR7, CX1, CX2, CX3, CX6, CX7, CX8, F20 through F29, FX1, FX2, FX3, FX6, FX7, FX8, IF1, IF2, IR1, IR2, IR3, IR4, IR6, IR7, IR8, IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21, P22, P23, P26, P27, P28; IB3, IB6, IB7, IB8, B11, B12, B16, B17, B20 through B29, B31, B32, B33, B36, B37, B38, BX1, BX2, BX3, BX6, BX7, BX8 some Z13 |
I-551 stamp in foreign passport with one of the preceding codes; or IMPORTANT: Applicant has filed an I-130 or I-360 petition as a battered alien. INS Form – 797 is documentation of approval of an I-130 application. |
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Amerasian |
17 |
AM1, AM2, or AM3 |
AM 6, AM7, or AM8 |
I-551 stamp in foreign passport with one of the preceding codes |
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Foreign born Native American |
18 |
S13 |
S13 |
I-551 stamp in foreign passport with S13 tribal membership card from federally recognized tribe. |
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Trafficking Victim |
19 |
T-2, T-3, T-4 and T-5 known as "Derivative T" visas are not currently available in the SAVE system.
Call the toll-free trafficking verification line at 1-866-401-5510 to notify ORR of the benefits for which the individual has applied. |
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Health and Human Service Office of Refugee Resettlement Certification Letter |
See also the Travel and Identity Documents Guide for explanations of the types of INS authorization documents.
CFR 273.2(f)(1)(ii)(B)
A non-citizen is ineligible until acceptable documentation of qualifying immigration status is provided unless:
The agency has submitted a document provided by a household to INS for verification. Pending such verification, the agency cannot delay, deny, reduce or terminate the individual's eligibility for benefits on the basis of the individual's immigration status, or
The applicant or the agency has requested qualifying quarter information from SSA Social Security Administration. SSA has responded that the individual has fewer than 40 quarters but is investigating to determine if more quarters can be determined. The agency must certify the individual pending the results up to 6 months from the date of the original determination of insufficient quarters, or
The applicant or agency has requested verification from a federal agency for verification of the alien's status. The agency must certify the individual pending the results up to 6 months from the date of the original determination of insufficient quarters.
Legal permanent resident aliens who have worked for 40 qualifying quarters are eligible. There is no time limit on this category of eligibility.
A qualifying quarter includes:
One worked by a parent of an alien before the alien reached his/her eighteenth birthday, including those quarters worked before the alien was born;
One worked by a spouse of an alien during their marriage if the alien remains married to the spouse or the spouse is deceased.
Each person in the applying household is considered an applicant. Therefore, each spouse can claim the quarters of the other spouse, and the children can claim the quarters worked by their parents.
Count both qualifying quarters of work covered by Title II of the Social Security Act, and qualifying quarters of work not covered by Title II. Beginning 1/1/97, a quarter in which the alien received Federal means-tested assistance is not counted as a qualifying quarter.
The local agency may request information from the SSA about work history for non-covered employment as well as covered employment.
If you are unable to determine work quarters through the SSA automated system, you may accept the applicant's sworn statement of sufficient work, pending verification, provided the applicant has been in the country sufficient time to earn the quarters (totaling the time from the employed applicant and parent and spouse).
The SSA is authorized to release work quarter information on an alien, an alien's parents or spouse to a county/tribal agency (not applicant) for the purpose of determining eligibility, even if the parent or spouse cannot be located or refuses to sign a release statement.
You may also find work quarter information through CARES data exchange screens. To verify alien's work quarters information you can request it in CARES on DXQR. It will be available on DXQC 48 hrs later.
Qualified aliens who are honorably discharged veterans and who fulfill minimum active duty service requirements in the U.S. Armed Forces, or who are the spouse, unmarried depended child, or unremarried surviving spouse of such a veteran or active duty personnel are eligible for FoodShare benefits with no time limit exception.
A veteran is a person who was honorably discharged after:
Serving for 24 months in the U.S. armed forces, or
Serving for the period for which the person was called to active duty in the U.S. armed forces, or
Serving in the Philippine Commonwealth Army or as a Philippine Scout during WW II, as described in title 107, 38 U.S.C.
An unmarried surviving spouse of a veteran or active duty person is defined as:
A spouse who was married to the deceased veteran for at least one year, or
A spouse who was married to the deceased veteran before the end of a 15 year time span following the end of the period of military service, or
A spouse who was married for any period to the deceased veteran and a child was born of the marriage or was born before the marriage.
An alien who is the spouse or dependent unmarried child of a U.S. citizen or alien who has been battered or subjected to extreme cruelty under the following criteria is eligible:
Aliens (adults or children) who have been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent, or by a member of the household of the spouse or parent who has failed to intervene to stop the battery or extreme cruelty, but only if there is a substantial connection between such battery or cruelty and the need for benefits
Aliens whose child or children have been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the alien, or a member of the alien's household, and the other parent failed to intervene in the battery or extreme cruelty, and the alien did not actively participate in the battery or cruelty, but only if there is a substantial connection between such battery or cruelty and the need for benefits.
Alien children whose parent has been battered or subjected to extreme cruelty in the U.S. by the parent's spouse, or by a member of the spouse's family residing in the same house-hold as the victim parent if the spouse consents to or accepts such battery or cruelty, but only if there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought.
Do not apply this section if the person responsible for the battery or extreme cruelty continues to reside in the same household or FS group as the person subjected to the battery or cruelty.
Effective August 1, 1998, Wisconsin issued benefits to qualifying aliens who were made ineligible for FS under sections 402 and 403 of the Personal Responsibility and Work Opportunity Act (PRWORA). It will not be apparent in CARES whether the non-citizen is receiving federal or state funded FS, as long as status codes, dates of entry, and birth dates are entered correctly.
Ineligible aliens include:
Visitors and tourists.
Diplomats and others in Foreign Service.
Persons illegally in the US.
Students with student visas.
Aliens who refuse to provide the documentation required to verify their qualifying immigration status.
Failure to verify qualifying immigration status means the person is ineligible for FS, not necessarily in the country illegally.
In order to encourage potentially eligible people to apply for FS, it should be made clear that we will not require those food unit members who are not requesting eligibility to furnish an SSN Social Security Number or alien documentation.
Local agencies are prohibited from contacting INS regarding the alien status of a food unit member who is not requesting eligibility unless the worker "knows" that the alien is in violation of INS law. "Knowing" is defined as having a determination of the INS or the Executive Office of Immigration Review, such as a Final Order of Deportation. Although an agency may have contact with, or be aware of, the presence of "undocumented" aliens, it may be quite unusual for a local agency to actually "know" that an alien is not lawfully present in the U.S.
At application and review, applicant non-citizens aliens must be asked if they have become citizens.
A child born outside of the US automatically becomes a citizen of the US when ALL of the following conditions have been fulfilled:
At least one parent of the child is a citizen of the US, whether by birth or naturalization, and
The child is under the age of eighteen years, and
The child is residing in the US in the legal AND physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
A child who was/ is under the age of 18 on or after February 27, 2001 and who meets all of the above requirements acquired citizenship automatically on February 27, 2001. This rule is based on the Child Citizenship Act of 2000
Some Afghan and Iraqi aliens have been granted special immigrant status. Individuals and family members granted this special status are eligible for resettlement assistance, entitlement programs and other benefits the same as refugees admitted under section 207 of the INA. These groups have been admitted to the U.S. in Lawful Permanent Resident status; however for a limited time upon arrival they are treated as if they are in Refugee status for public benefits purposes.
Though treated like refugees, the individuals in this special immigrant status category are only able to access benefits for a limited time:
Afghan special immigrants are eligible for FoodShare benefits for up to eight months from the date they enter the country or the date of adjustment to special immigrant status, whichever is later.
Iraqi special immigrants are eligible for FoodShare benefits for up to eight months from the date they enter the country or the date of adjustment to special immigrant status, whichever is later.
At the end of the eighth month period, the immigration status for these populations becomes Lawful Permanent Resident (LPR). According to federal law, LPRs are subject to the five year bar on receiving public benefits. See 3.12.1.1 Qualified Alien or Immigration Status.
Spouses and unmarried children under age 21, who accompany or follow-to-join the principal special immigrant applicant are eligible for the same benefits as the principal applicant.
Any Iraqi or Afghan immigrant granted the special status, who applied after 12/26/2007 and was denied FoodShare benefits due to citizenship or immigration status, may request FoodShare benefits back to the original application filing date.
Individuals granted special immigrant status on or before July 31, 2008 will not benefit from this provision as the eight-months already expired prior to the law's effective date of March 11, 2009. These individuals will have only received up to six months of SNAP benefits and cannot receive an additional two months.
End of Temporary Benefit Period
These individuals may be eligible for continuing benefits through the State Option FoodShare Program after the six or eight months. However, benefits will not automatically continue, these individuals will need to submit a new application in order to continue receiving benefits.
Counting Refugee Related Income
Refugee payments received as a nonrecurring lump sum are considered to be an asset and are not counted for FS. A recurring payment, received in two or more monthly installments, is considered as income and should be counted for FS.
CWW Processing
There have been no CWW system changes made to accommodate the shorter certification period for these special groups. Once the status has been verified by SAVE, enter the 04 LAWFULLY PRESENT UNDER SECTION 207 code for the alien registration status and the individual’s date of U.S. entry on the Alien/Refugee Information Page in CWW and certify the requested benefit as would be done for immigrants in 04 refugee status.
After the case is open in CWW, follow the procedures below for each benefit type.
Wisconsin’s FoodShare program uses state only funds to provide FS benefits to qualifying aliens. However, FS policy requires a new application to get State Option FS at the end of the initial six or eight month period, so workers will need to change the FS AGOR review due date to reflect this special shortened certification period. CWW will then generate the review notice at the appropriate time so that these recipients know to re-apply.
If the Afghan or Iraqi special immigrants do not re-apply, FS will close. If they do re-apply at the end of the six or eight month period, the alien registration status code needs to be changed from: 04 LAWFULLY PRESENT UNDER SECTION 207
to: 01 LAWFULLY ADMITTED FOR PERMANENT RESIDENCE.
If the case is determined eligible for State Option FS, the new certification period should be twelve months like any other FS assistance group.
This page last updated in Release Number: 09-02
Release Date: 06/26/09
Effective Date: 06/26/09