State of Wisconsin Department of Health Services

HISTORY

The policy on this page is from a previous version of the handbook. 

21-05 Version of 3.12.1 Citizenship and Immigration Status

7 CFR 273.4

The following individuals are eligible for FoodShare as U.S. citizens, nationals, and a select group of non-citizens. Individuals listed below do not have to meet any other non-citizen requirements to be eligible for FoodShare.

• U.S. citizens,
• Non-citizen nationals (people born in American Samoa or Swain’s Island),
• American Indians born in Canada,
• Members (born outside the U.S.) of Indian tribes under Section 450b(e) of the Indian Self-Determination and Education Assistance Act, and
• Members of Hmong or Highland Laotian tribes that helped the U.S. military during the Vietnam era from August 5, 1964, to May 7, 1975, and who are legally living in the U.S., and their spouses or surviving spouses and dependent children, including full-time students under the age of 22.

To meet the citizenship or qualifying immigrant requirement for FoodShare, a person must be one of the following:

1. A citizen of the U.S. which is defined as a person who:
   1. Was born in the U.S. The U.S. includes: the continental U.S., Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, and Northern Mariana Islands, including Guam, or
   2. Is a naturalized citizen of the U.S.
2. A person born outside of the U.S. to, or adopted by, at least one U.S. citizen, which is sometimes referred to as a "derivative citizen."
3. A non-citizen with a qualifying immigration status.

Note

Effective October 1, 2010, all Puerto Rican birth certificates issued before July 1, 2010 are invalid. Ongoing members of IM programs from Puerto Rico do not need to submit new, valid birth certificates. However, all Puerto Rican birth certificates submitted by applicants must have been issued on or after July 1, 2010.

3.12.1.1 Qualified Immigrant or Immigration Status

1. Use Chart 1 below to determine if a non-citizen is eligible for FoodShare.
2. Use Chart 2 below for decoding the admission or adjustment codes from USCISUnited States Citizenship and Immigration Services. Refer also to Process Help, Section 82.8 Class of Admission (COA) Tables.

Note	If there is more than one admission or status code for the immigrant/non-citizen, always use the least restrictive code per 8 CFRCode of Federal Regulations 212.5(h). A best practice is to ask each year about immigrant/citizenship status changes since the code(s) may change over time.

CHART 1

Federal Supplemental Nutrition Assistance Program (SNAP)
Eligible as a U.S. Citizen/National/Non-Citizen:
U.S. citizens, Non-citizen nationals (People born in American Samoa or Swain’s Island), American Indians born in Canada, Members (born outside the U.S.) of Indian tribes under Section 450b(e) of the Indian Self-Determination and Education Assistance Act, Members of Hmong or Highland Laotian tribes that helped the U.S. military during the Vietnam era from August 5, 1964, to May 7, 1975, and who are legally living in the U.S., and their spouses or surviving spouses and dependent children, including a full-time student under the age of 22.
Immigrant Status Code	Eligible if:
01-Lawfully admitted for permanent residence (LPR)	Meets work quarters, or Meets military requirement, or Receives disability benefit, or Under age 18, or Has lived in the U.S. as a qualified immigrant for five years from the date of entry, or A legal resident on August 22, 1996, and born on or before August 22, 1931.
02-Permanent resident under color of law (PRUCOL)	Ineligible
03-Conditional entrant or lawfully present under Section 203(a)(7)	Meets work quarters, or Meets military requirement, or Receives disability benefit, or Under age 18, or Born before August 22, 1931, or Has lived in the U.S. as a qualified immigrant for five years from the date of entry, or A legal resident on August 22, 1996, and born on or before August 22, 1931.
04-Refugee lawfully present under Section 207	Eligible
05-Asylee lawfully present under Section 208	Eligible
06-Parolee lawfully present under Section 212(d)(5)	Meets work quarters, or Meets military requirement, or Receives disability benefit, or Under age 18, or Born before August 22, 1931, or Has lived in the U.S. as a qualified immigrant for five years from the date of entry, or A legal resident on August 22, 1996, and born on or before August 22, 1931.
07-IRCA – No longer valid status	Ineligible
08-Work Authorization: Temp.	Ineligible
09-Undocumented Immigrant	Ineligible
10-Illegal Immigrant	Ineligible
11-Cuban/Haitian entrant as defined in Section 501(e) of the Refugee Education Act of 1980	Eligible
12-Considered a permanent resident by USCISUnited States Citizenship and Immigration Services	Ineligible
13-Special agriculture worker under Section 210(A)	Ineligible
14-Additional Special agriculture worker under Section 210A	Ineligible
15-An immigrant whose deportation is being withheld under Section 243(h) or 241(b)(3)	Eligible
16-Battered Immigrant   Code the battered immigrant adult or child or parent with the broadest immigrant eligibility category that applies to that person (for example, code a battered refugee immigrant, as a refugee). Document in case comments that the person is a battered immigrant and therefore exempt from sponsor deeming. Do not list the sponsor in CWWCARES Worker Web. Do not list any of the sponsor's income and assets.	Ineligible unless: Meets work quarter requirement, or Meets military requirement, or Receives disability benefit, or Has lived in the U.S. as a qualified immigrant for five years from the date of entry, or Under age 18, or Was a legal resident on August 22, 1996, and born on or before August 22, 1931.
17- Amerasians	Eligible
18 - Native Americans born abroad	Eligible
19 - Trafficking victims, including the minor children, spouses, and, in some cases, the parents and siblings of victims of severe trafficking (treat as refugee under section 207 of the INA), the spouse, child, parent or unmarried minor sibling of a victim of a severe form of trafficking in persons under 21 years of age, or the spouse or child older than 21 who has received a derivative T visa, to the same extent as an immigrant who is admitted to the U.S. as a refugee under Section 207 of the INA.	Eligible
20 – Lawfully Residing	Ineligible

CHART 2

Immigration Status	CARES Code	I-94 Codes	I-551 Codes	Other
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
Deportation Withheld	15	106 or 243(h) or 241(b)(3)	NA	USCISUnited States Citizenship and Immigration Services Form I-688B annotated 274a.12(a)(10); USCISUnited States Citizenship and Immigration Services Form I-766, annotated A10; order from an immigration judge showing deportation withheld under 243(h) or removal withheld under 241(b)(3)
Battered Immigrant	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 immigrant. USCISUnited States Citizenship and Immigration Services Form - 797 is documentation of approval of an I-130 application.
Amerasian	17	AM1, AM2, or AM3	AM 6, AM7, or AM8	I-551 stamp in foreign passport with one of the preceding codes
Foreign born Native American	18	S13	S13	I-551 stamp in foreign passport with S13 tribal membership card from federally recognized tribe.
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.		Health and Human Service Office of Refugee Resettlement Certification Letter

This is not an all-inclusive list of government issued codes.

See also Process Help, Section 82.8 Class of Admission (COA) Tables for additional codes and explanations of the types of USCISUnited States Citizenship and Immigration Services authorization documents.

3.12.1.2 Eligibility Pending Documentation of Immigration Status

7 CFR 273.2(f)(1)(ii)(B)

A non-citizen is ineligible until acceptable documentation of qualifying immigration status is provided unless:

1. The IM agency has submitted a document provided by a household to USCISUnited States Citizenship and Immigration Services for verification. Pending such verification, the IM agency cannot delay, deny, reduce, or terminate the individual's eligibility for benefits on the basis of the individual's immigration status, or
2. The applicant or the IM agency has requested qualifying quarter information from SSASocial 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 IM agency must certify the individual pending the results for up to six months from the date of the original determination of insufficient quarters, or
3. The applicant or IM agency has requested verification from a federal agency for verification of the immigrant's status. The IM agency must certify the individual pending the results up to six months from the date of the original determination of insufficient quarters.

An immigrant who has a pending application for a qualifying status is not potentially eligible until the status has been granted.

3.12.1.3 Work Quarter Eligibility

Legal permanent resident non-citizens who have worked for 40 qualifying quarters are eligible. There is no time limit on this category of eligibility.

A qualifying quarter includes:

1. One worked by a parent of a non-citizen before the immigrant reached their 18th birthday, including those quarters worked before the non-citizen was born;
2. One worked by a spouse of a non-citizen during their marriage if the non-citizen remains married to the spouse or the spouse is deceased.

Each person in the applying food unit 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. An individual can only earn four quarters per year. If both spouses worked in the same quarter, this would count as one quarter – an individual cannot earn two quarters in the same quarter.

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 January 1, 1997, a quarter in which the immigrant received federal means-tested assistance is not counted as a qualifying quarter.

3.12.1.3.1 Disclosure of Work Quarter Information

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, parent, and/or spouse).

The SSA is authorized to release work quarter information on non-citizens, a non-citizen'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 a non-citizen's work quarters information, you can request it in CARES mainframe on Tran: DXQR. It will be available on Tran: DXQC 48 hours later.

3.12.1.4 Military Connection Eligibility

Qualified non-citizens 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 dependent child, or a surviving spouse of such a veteran or active duty personnel who has not remarried are eligible for FoodShare benefits with no time limit exception.

A veteran is a person who was honorably discharged after:

1. Serving for 24 months in the U.S. armed forces, or
2. Serving for the period for which the person was called to active duty in the U.S. armed forces, or
3. 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:

1. A spouse who was married to the deceased veteran for at least one year, or
2. 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
3. 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.
4. Has not remarried since the marriage to the deceased veteran.

3.12.1.5 Battered Immigrant Eligibility

An immigrant who is the spouse or dependent unmarried child of a U.S. citizen or immigrant who has been battered or subjected to extreme cruelty under the following criteria is eligible:

1. Immigrants (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.
2. Immigrants whose child or children have been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the immigrant, or a member of the immigrant's household, and the other parent failed to intervene in the battery or extreme cruelty, and the immigrant 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.
3. Immigrant 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 household 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 food unit as the person subjected to the battery or cruelty.

3.12.1.6 State Option FoodShare Program (SOFSP)

With the passage of the 2011-13 Wisconsin state budget, the state funded SOFSP ended effective July 1, 2011. Federally eligible members who live with a previously eligible SOFSP member will remain eligible for federal benefits. There is no change to the federal eligibility.

3.12.1.7 Ineligible and Illegal Immigrants

Ineligible immigrants include:

• Visitors and tourists
• Diplomats and others in foreign service
• Persons illegally in the U.S.
• Students with student visas
• Immigrants who refuse to provide the documentation required to verify their qualifying immigration status
• Immigrants with a pending immigration status – the individual is ineligible until the agency receives proof a qualifying immigration status has been granted

Failure to verify qualifying immigration status means the person is ineligible for FoodShare, not necessarily in the country illegally.

3.12.1.8 Encouraging Application

7 CFR 273.4(b)

In order to encourage potentially eligible people to apply for FoodShare, it should be made clear that we will not require food unit members who are not requesting eligibility to furnish an SSNSocial Security Number or immigration documentation.

Local agencies are prohibited from contacting USCISUnited States Citizenship and Immigration Services regarding the immigrant status of a food unit member who is not requesting eligibility unless the IM worker "knows" that the immigrant is in violation of USCISUnited States Citizenship and Immigration Services law. "Knowing" is defined as having a determination of the USCISUnited States Citizenship and Immigration Services 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" immigrants, it may be unusual for a local agency to actually "know" that an immigrant is not lawfully present in the U.S.

3.12.1.9 Gaining Citizenship

At application and renewal, applicant non-citizens immigrants must be asked if they have become citizens.

3.12.1.10 Derivative Citizenship

A child born outside of the U.S. automatically becomes a citizen of the U.S. when all of the following conditions have been fulfilled:

1. At least one parent of the child is a citizen of the U.S., whether by birth or naturalization.
2. The child is under the age of eighteen years.
3. The child has entered the U.S. as a legal immigrant.
4. The child is residing in the U.S. in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

A child who was 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.

3.12.1.11 Iraqis and Afghans with Special Immigrant Status

Beginning December 19, 2009, special immigrants from Iraq or Afghanistan are to be treated like they are refugees when determining their eligibility for FoodShare, Medicaid, or BadgerCare Plus as long as they have this special immigration status. This policy applies to these immigrants regardless of when they received this status.

Class of Admission Code	Description	CARES Immigrant Registration Status Code
SI1	Nationals of Iraq or Afghanistan serving as interpreters with the U.S. Armed Forces	Code 04
SI2	Spouses of an SI1	Code 04
SI3	Children of an SI1	Code 04
SI6	Nationals of Iraq or Afghanistan serving as interpreters with the U.S. Armed Forces	Code 04
SI7	Spouses of an SI6	Code 04
SI8	Children of an SI1	Code 04
SQ1	Special Immigrant Iraqi Employee (Principal)	Code 04
SQ2	Spouse of SQ1	Code 04
SQ3	Children of SQ1	Code 04
SQ6	Special Immigrant Iraqi Employee (Principal Adjusting Status in the United States)	Code 04
SQ7	Spouse of SQ6	Code 04
SQ8	Children of an SQ6	Code 04

3.12.1.12 Citizens of the Federated States of Micronesia, Republic of the Marshall Islands, and Palau

The Compacts of Free Association are agreements that establish a free association between the United States and the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. These countries are collectively referred to as the Freely Associated States (FAS). FAS citizens are not citizens or nationals of the United States. However, FAS citizens admitted to the United States under the Compacts may reside, work and study in the United States for an unlimited length of time, without applying to become lawful permanent residents or applying for visas. These persons are referred to as Citizens of Freely Associated States or COFASCitizens of Freely Associated States.

COFAS, due to their countries’ free association with the United States, are allowed to stay in the country indefinitely. This fact does not make them Lawful Permanent Residents (01-LPR) who may otherwise be eligible for FoodShare benefits after being in the country for five years. They are still considered to be non-immigrants who are just lawfully present in the U.S. Unless the federal data services hub or SAVE verifies that a citizen of the FAS has a Lawful Permanent Resident status, they may only be considered to be lawfully present (see Section 3.12.1.1 Qualified Immigrant or Immigrant Status, Chart 1).

Example 1

Jonas is from Micronesia. He has been in Wisconsin since 2010. Jonas has not applied for citizenship. SAVE returns a result of 20- Lawfully Residing. Although Jonas is a COFAS here lawfully, he is not eligible for FoodShare.

 

Example 2

George is from the Republic of Palau. He has been in the country since 2015 and has applied for US Citizenship. SAVE returns a result of 01- Lawful Permanent Resident and verifies George’s entry date of 2015. George is considered a qualifying immigrant who has met the 5 year bar and can be found eligible for FoodShare if he meets all other eligibility criteria.

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Publication Number: P-16001