Aliens 430-05-30-60

 

Determining Eligibility 430-05-30-60-05

(Revised 01/01/04 ML2893)

View Archives

 

 

Alien

 

Only eligible aliens are entitled to participate in the program. An alien is an individual in the United States who is still a subject or citizen of a foreign country and is not a U.S. citizen.

 

U.S. citizens include anyone born in:

• The 50 states
• District of Columbia
• Guam
• Virgin Islands
• Puerto Rico
• The Northern Mariana Islands
• American Samoa
• Swain's Island
• A foreign country who are:

1. under 18 years of age, and
2. admitted to the US as a lawful permanent resident; and
3. in the legal and physical custody of at least one parent who is a US citizen.

This also applies to children adopted from a foreign country as long as the three conditions above are met.

 

Systematic Alien Verification for Entitlement (SAVE)

When an alien has presented an INS document containing the individual’s admission number or file number, the worker must use this touch tone phone access system which is the database for alien status verification provided by INS. Procedures are contained in Chapter 449 – Administrative Procedures Manual.

 

Contact the State Food Stamp Office to obtain the SAVE access codes.

 

Eligible Alien

To participate in the food stamp program an alien must have acceptable verification of alien status and in addition may be required to meet military criteria or the 40-quarter requirement.

 

Illegal Alien

INS makes the determination if an individual is an illegal alien. The worker does not make this determination and must not report an individual to INS as an illegal alien unless the following has occurred:

1. unlawful presence must be a finding of fact or conclusion of law that is made as part of a formal determination that is subject to administrative review on an alien’s claim, and
2. the finding or conclusion of unlawful presence must be supported by a determination by INS or the Executive Office of Immigration Review, such as a Final Order of Deportation.

Illegal aliens are excluded household members (DI) and are treated the same as an ineligible alien.

 

Ineligible Alien

Individuals who do not meet the eligible alien status and those who do not attest to alien status at the time of application are not eligible. Among those excluded are alien visitors, tourists, diplomats and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country. Ineligible aliens are excluded household members (DI).

 

Sponsored Alien

Sponsored aliens may be eligible or ineligible aliens who have been sponsored by an individual. The sponsor has agreed to support them as a condition of the alien’s admission to the United States as a permanent resident.

 

Questionable Citizenship

The member whose citizenship is in question is ineligible to participate until proof of United States citizenship is obtained. A non-citizen must have completed all of the requirements for citizenship and received a certificate of naturalization. Until proof is obtained, income and assets of the household member whose citizenship is questionable are treated as an ineligible (DI) household member.

 

Verification of non-citizen status may be postponed in order to meet the expedited processing standards.

 

If verification cannot be obtained and the household can provide a reasonable explanation as to why verification is not available, a signed statement from someone who is a United States citizen must be accepted. Such a statement must read as follows:

 

"I declare under penalty of perjury that                      is a United States citizen. It is my understanding that intentionally giving false information to help this person get food stamp benefits may result in a fine, imprisonment, or both."

 

When either a household or an individual indicates inability or unwillingness to provide documentation of alien status for any household member, the person whose alien status is in question is an ineligible (not illegal) alien. If the individual is determined ineligible, the worker must not continue efforts to obtain documentation of alien status.

 

Awaiting Verification of Alien Status

If verification of alien status is not provided on a timely basis, the eligibility of the remaining household members must be determined. The income and assets of the individual whose alien status is unverified (where the individual has provided no INS documentation of alien status) must be treated in the same manner as a disqualified member and considered available in determining the eligibility of the remaining household members. If verification of eligible alien status is later received, the worker must act on the information as a reported change in household circumstances.

 

When an applicant has presented an INS document containing the individual's alien admission number or alien file number, if the documents appear to be legitimate, the application must be processed within the appropriate time frame without waiting for receipt of secondary verification from INS.

 

Example:

An individual applies and provides INS documents. When completing the SAVE inquiry, the worker is advised to institute secondary verification (Form G-845). The application must be processed within the appropriate time frame and the individual must be included in the case.