NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
BISMARCK, NORTH DAKOTA
April 19, 2011

IM 5119

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

FROM:	Tove Mandigo, Director, Economic Assistance Policy

SUBJECT:	Eligibility Criteria for Aliens

PROGRAMS:	SNAP

EFFECTIVE:	May 1, 2011	 

RETENTION: 	Until Manualized

SECTIONS 
AFFECTED:	430-05-30-60-10 – Eligibility Criteria

The following change in policy for Aliens admitted as Lawful Permanent Residents is effective with new applications and reviews received on or after May 1, 2011.  This change requires aliens that are under the age of 18 or disabled to have Lawful Permanent Resident status in order to be eligible.  Aliens born on or before August 22, 1931 that were lawfully residing in the US on August 22, 1996 were also moved under the Lawful Permanent Resident section of the policy.  

Eligibility Criteria 430-05-30-60-10

To determine if an individual is an eligible alien the individual must meet the criteria on the chart. 
Eligible immigration status stands alone for purposes of determining eligibility. Adjustment to a more limited status does not override eligibility based on an earlier less rigorous status.  
Example:
An individual enters the US with a status of Refugee and is eligible upon entry.  Two years later, their status changes from Refugee to Lawful Permanent Resident (LPR).  The individual remains eligible as a refugee as this status is more limited.
If eligibility expires in one eligible status, the alien may be eligible under another.
 	Example:
Child turns age 18 and is no longer eligible under the child status.  If the child has been in the US for at least 5 years under lawful permanent residence status or meets the 40 quarters requirement, the child is eligible. 

IF THE ALIEN WAS ADMITTED AS:	SNAP ELIGIBILITY	ACCEPTABLE VERIFICATIONS OF IMMIGRANT/ALIEN STATUS	
Refugees under section 207 of the Immigration and Nationality Act (INA)
TECS Code - RE	Eligible upon entry.	- USCIS Form I-94 showing entry as refugee under Section 207 of the INA and date of entry into U.S. (The arrival date is the date used to determine entry date.); or
- USCIS Form I-688B annotated 274a.12(a)(3) (The arrival date is the date used to determine entry date.); or
- USCIS Form I-766 with code A3; or
- USCIS Form I-571; or
- USCIS Form I-551 or I-151 with codes RE1, RE2, RE3, RE4, RE5, RE6, RE7, RE8, RE8b, RE9, IC6 or IC7.	
Victim of Human Trafficking 
TECS Code - A	Eligible upon entry.	- Certification Document from the Office of Refugee Resettlement (ORR).	
Asylee under Section 208 of INA
TECS Code - A	Eligible upon entry.	- USCIS Form I-94 showing grant of asylum under section 208 (The arrival date is usually the date of designated status.); or 
- USCIS Form I-766 annotated A5; or 
- Grant letter from Asylum Office of the USCIS; or 
- Order from immigration judge granting asylum; or
- USCIS Form I-688B annotated 274.a12(a)(5) (The arrival date is usually the date of designated status.); or
- USCIS Form I-766 with code A5; or
- USCIS Form I-551 or I-151 with codes AS6, AS7, AS8, or AS9.	
Deportation withheld under section 243(h) of the INA as in effect prior to April 1, 1997 or whose removal is withheld under section 241(b)(3) of the INA.
TECS Code - A	Eligible upon entry. 	Individuals whose deportation has been withheld should have a court order. The date of the court order is the designated status date.
- Immigration Judge order showing deportation withheld under section 243(h) or 241(b)(3) of the INA & date of grant; or
- USCIS Form I-688B annotated 274a.12(a)(10); or
- USCIS Form I-766 with code A10.	
Conditional entrant under section 203(a)(7) of the INA as in effect prior to April 1, 1980.
TECS Code - A if eligible, IA if not eligible 	Eligible if:
- resided in the US for 5 years with a conditional entrant status; or
- meets the Military Criteria at 430-05-30-60-10-05	- USCIS Form I-94 showing admission under section 203(a)(7) Refugee-Conditional Entry in effect prior to 04/01/1980; or
- USCIS Form I-688B annotated 274a.12(a)(3); or
- USCIS Form I-766 annotated A3; or
- USCIS Form I-551 or I-151 with code R86.	
Cuban/Haitian Entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.
TECS Code - A	Eligible upon entry.	- USCIS Form I-551 with code CU6, CU7, or CH7
- USCIS Form I-94 with code CU6 or CU7, or stamped Cuban/Haitian Entrant under Section 212(d)(5) of the INA (The arrival date is usually the date of designated status.)
- Unexpired temporary I-551 stamp in foreign passport.
- USCIS Form 1-94 indicating the person was paroled into the US on or after 1/12/2010.	
Amerasian Entrant as defined in section 584 of PL 100-202, as amended by PL 100-461.
TECS Code - A	Eligible upon entry.	- USCIS Form I-551 with code AM6, AM7, or AM8
- USCIS Form I-94 with code AM1, AM2, or AM3 (The arrival date is usually the date of designated status.)
- Unexpired temporary I-551 stamp in foreign passport.	
Hmong or Highland Laotian
TECS Code - A	Eligible upon entry if:
- was a member at the time the tribe rendered assistance to the U.S. during the Vietnam era from 08/05/1964 through 05/07/1975; or 
- spouse or unmarried dependent child of Hmong/Highland Laotian, if they meet one of the following:
a.	Spouse remains married to the tribal member; or
b.	Was married to the member at the time of the member's death and has not remarried;
c.	An unmarried dependent child under the age of 18 or if they are a full-time student under the age of 22. This also applies if the parent is deceased provided that the child was dependent on the parent at the time of death. 
An unmarried disabled child age 18 or older if the child was disabled and dependent on the parent prior to the child’s 18th birthday.
Child in (c) above means biological or adopted. 	- States tribe meets Vietnam era involvement and has:
- USCIS Form I-94 showing entry as refugee under Section 207 of INA and date of entry into the U.S.; or
- USCIS Form I-551 or I-151 unless form is marked as admitted under Section 249 & entered after 01/01/72; or 
- On master list located in State Office. 	
Lawfully Admitted for Permanent Residence
TECS Code - LR	Eligible upon entry if:
-  Is age 65 or older and was lawfully residing in the U.S. on 8/22/1996; or
- Meets the SNAP definition of disabled; or
- Is under age 18; or
- meets the 40 quarters requirement; or
- has resided in the US for 5 years with a LPR status.	- USCIS Form I-551 or I-151 (Resident Alien card)
- If the individual was admitted under Section 249 and entered after January 1, 1972, no eligibility exists.
- Any status code on the I-551 is acceptable unless the I-551 is annotated with IB6, IB7, IB8 and the individual does not meet battered alien criteria.
- Unexpired Temporary I-551 stamp in foreign passport or on the I-94 form also verifies the individual is admitted for lawful permanent residence.
NOTE:  An individual under the age of 18 will remain eligible through the month of their 18th birthday.  If the individual turns age 18 during the review period, the change is not acted on until the next review after their 18th birthday.
	
Parolee under section 212(d)(5) of the INA and status is granted for at least one year
TECS Code - A if eligible, IA if not eligible	Eligible if:
- resided in the US for 5 years with a parolee status; or
- meets Military Criteria at 430-05-30-60-10-05	- USCIS Form I-94 stating admission under section 212(d)(5) of the INA.	
An alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse or parents’ family residing in the same household as the alien at the time of the abuse, an alien whose child has been battered or subjected to battery or cruelty, or an alien child whose parent has been battered. The battered spouse or child cannot be living with the family who battered them.
TECS Code - A if eligible, IA if not eligible	Eligible if:
- resided in the US for 5 years with a qualified alien status; or
- meets Military Criteria at 430-05-30-60-10-05	- I-551 annotated with IB6, IB7, IB8; or
- Other USCIS documentation of battered status - contact State Office for clarification.	
Native Americans
TECS Code - A if eligible, IA if not eligible	Eligible if:
- Born in Canada who possesses at least 50% of blood of the American Indian race (Jay Treaty); or
- A member of an American Indian Tribe.
– Contact State Office if assistance is needed.	- Enrollment documents, birth records, affidavits from tribal officials, INS Form I-181 or I-551 annotated with KIC, KIP, or S13 or other acceptable documents can be used as verification of 50% American Indian blood. 
A Blood Quantum Letter containing information from the individual's Band, Tribe, Nation stating the individual’s blood quantum, which must be at least 50% aboriginal blood can also be used as verification of 50% American Indian blood.  The document may contain the following verbiage:
•	…at least 50% Aboriginal blood
•	…at least 50% Indigenous blood
•	…at least 50% North American Indian blood
•	…at least 50% American Indian blood
  Note: The Blood Quantum Letter can be used to show that an individual possesses at least 50% blood of the American Indian Race, but cannot be used to show that an individual does not possess at least 50% blood of the American Indian Race when the parents are enrolled in different Bands, Tribes, or Nations. If the letter does not show an individual possesses at least 50% blood of the American Indian Race, verification should be obtained from the Band, Tribe, or Nation where the other parent is enrolled.	
Iraqi and Afghani Special Immigrants
TECS Code - RE 	Eligible upon entry.	- Documentation verifying admission under section 101(a)(27) of the INA.
- Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SQ1, SI1, SQ2, SI2, SQ3, SI3
- I-551 showing Afghan nationality with IV (Immigrant Visa) code of SQ6, SI6, SQ7, SI7, SQ9, SI9
- Iraqi passport with immigrant visa stamp noting the individual has been admitted under IV (Immigrant Visa) Category SQ1, SQ2, SQ3 and stamp or notation on passport or I-94 showing date of entry
- I-551 showing Iraqi nationality or Iraqi passport, with an IV (Immigrant Visa) code of SQ6, SQ7, SQ9	
An individual who meets the SNAP definition of disabled regardless of INS status
 
TECS Code - A	Eligible upon entry.	- See definition of disabled at 430-05-10	
An individual who on August 22, 1996 was lawfully residing in the US and was born on or before August 22, 1931.
TECS Code - A 	Eligible upon entry.	- Verification of age if questionable
- Verification of LPR status	
An individual who is under 18 years of age regardless of INS status.
TECS Code - A	Eligible upon entry.	- Verification of age