NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
BISMARCK, NORTH DAKOTA
February 1, 2008

IM 5029

TO:		County Social Service Directors
Economic Assistance Policy Regional Representatives
Economic Assistance Policy Quality Control Reviewers

FROM:	Tove Mandigo, Director, Economic Assistance Policy

SUBJECT:	Iraqi and Afghani Special Immigrant Policy

PROGRAMS:	Food Stamps and LIHEAP

EFFECTIVE:	Immediately

RETENTION: 	Until Further Notice or September 30, 2008 whichever is later

SECTIONS 
AFFECTED:	Food Stamps Policy 430-05-30-60-10 – Eligibility Criteria
		LIHEAP Policy 415-20-10-50 – Aliens Barred from LIHEAP Participation

Guidance on Iraqi and Afghani Special Immigrants
Effective December 26,2007, Public Law 110-161, “The Consolidated Appropriations Act of 2008”, granted Iraqi and Afghani aliens special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA).  Individuals and family members granted this special immigrant status are eligible for resettlement assistance, entitlement programs, and other benefits the same as refugees admitted under section 207 of the INA, except the period of eligibility cannot exceed six months.  The effective date of eligibility is from the date the special immigrant enters the United States.  

Counties that discover or become aware of any special immigrants who were denied prior to the passage of this bill should reconsider those denials using this current policy.

Verification of Special Immigrant Status
Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a)(27) of the INA.

Food Stamps
Individual’s, who provide the required verification, are eligible under this special immigrant policy and must be certified for 12 months as a simplified reporting household.  However, eligibility cannot exceed six months from the special immigrant's date of entry.  The worker will need to set an alert to send advance notice F406 – Alien/Citizenship Verification to close the case the end of the sixth month.  If there is other household members that will remain eligible, advance notice F719 – Decreased Benefits – Decreased Persons must be sent.

Examples of Eligibility Periods
DATE OF ENTRY	DATE OF APPLICATION	ELIGIBILITY PERIOD	
October 11, 2007 – Six months from date of entry is October 11 through March 31.	January 8, 2008
 	3 months – January 8, 2008 through March 31.
 	
December 12, 2007 – Six months from date of entry is December 12 through May 31.	February 26, 2008
 
 	4 months – February 26, 2008 through May 31, 2008.  	
September 30, 2008 – Six months from date of entry is September 30 through February 28.	October 16, 2008
 
 	5 months – October 16, 2008 through February 28, 2009. 	

LIHEAP
Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a) (27) of the INA. Once found eligible for LIHEAP the household would be eligible for the full season in which they applied.
	
TANF/CCA/Medicaid
TANF, CCA and Medicaid have not received guidance on the special immigrant provisions.  Further information will be provided if guidance is received for these programs.  

If you have any questions, please contact your regional representative.