502 Eligible Alien Status

Immigration status of all alien applicants must be verified with USCIS by applying item 1. The eligibility determination process shall not be delayed pending USCIS verification Third-party information or documentation used to establish the accuracy of statements. of the documents if all other eligibility criteria have been met. If an individual’s citizenship or status as a non-citizen national is questionable, the eligibility staff member must verify the member’s citizenship or non-citizenship national status by applying either item 2 or 3.

1. All requests must be made electronically through the Department of Homeland Security (DHS) using the Verification Information System.

2. Participation in another program if verification of citizenship or non-citizen national status was obtained for that program; OR

3. If the household cannot obtain the forms of verification listed in #1 or #2, and the household can provide a reasonable explanation as to why verification is not available, the eligibility staff member must accept a signed statement, under penalty of perjury, from a third party indicating a reasonable basis for knowledge the individual in question is a U.S. citizen or non-citizen national. The signed statement must contain a warning of the penalties for helping someone commit fraud.

    

To be determined an 'eligible alien' for SNAP, individuals must meet one of the SNAP ‘Qualified Alien Categories’ and one of the ‘Special SNAP Criteria'.Certain eligible non-citizens are eligible to SNAP immediately.

Individuals meeting one of the following criteria are NOT required to meet any Special SNAP Criteria. They do have to meet all other SNAP non-financial and financial eligibility requirements to be included in the assistance unit.

1. Cuban and Haitian entrant status - an alien granted status as a Cuban or Haitian entrant as defined in Section 501(e) of the Refugee Education Assistance Act of 1980.

    

   To simplify, Cuban/Haitian Entrants are Cubans or Haitians and:

   • A parolee (multiple ‘parolee’ reasons or notations may appear on I-94) or

   • An asylum applicant An individual who submits an application for assistance under the SNAP program. or

   • In removal proceedings.

    

   Cuban Haitian Entrant

   Certain Cuban nationals who entered the U.S. illegally between April 15, 1980, and October 10, 1980, and Haitian nationals who entered the U.S. illegally before January 1, 1981, were designated as Cuban/Haitian entrants. Under a provision of the Immigration Reform and Control Act of 1986, these entrants were allowed to adjust to permanent resident status if they had resided in the United States since before January 1, 1982, and were known by that date to the INS. Documentation of this status is a Form I- 551 (Permanent Resident Card) with a code of CH6. These Cuban/Haitian entrants would not now be eligible for timelimited refugee services but may continue to be eligible for other refugee social services and Income Maintenance programs.

    

   The term "Cuban/Haitian entrant" is also used generally, however, to describe Cuban and Haitian nationals who hold one of the immigration statuses defined in Title V of the Refugee Education Assistance Act of 1980. Individuals defined as Cuban/Haitian entrants under the Act are eligible for refugee services if within the eligibility period, but do not receive the code CH6 when they adjust to permanent resident status.

    

   Entered Without Inspection (EWI)

   The term “EWI” stamped on a Form I-94 stands for “Entered Without Inspection” and is an informal description that does not refer to a status. Recent arrivals should not have this notation on I-94s, although the term is sometimes entered as a “class of admission” on the SAVE system. Certain Cuban or Haitian applicants who present a Form I94 with the inscription "EWI" or "Entered Without Inspection" entered the United States without permission and, according to DHS, were paroled or were placed in removal proceedings

    

   Acceptable documentation to verify asylum applicant status are:

   • Form I-94 arrival/departure card stamped with "Form I-589 filed" or accompanied by the official USCIS receipt of Form I-589 (Application for Asylum).

   • A document Used as a noun, as in documentary evidence indicates a written record of the circumstances of an event or fact. Used as a verb, indicates the act of entering the case file actual proof or statement of proof that the contents of the record are accurate. stamped by an immigration judge showing that an asylum application has been filed.

    

   Acceptable documentation to verify EWI (Entered Without Inspection) status includes:

   • Form I-94 Arrival/Departure card annotated "EWI” on or with a parole stamp or status under Section 212(d)(5) of the INA;

   • Employment Authorization A system-initiated approval which generates a benefit. Document (EAD) with a code representing parole; or

   • Form I-766 with A04 or C11 code

      

    

   Refugee Requirements

   Code	Status	Nationality	Document
   A12	Granted Temporary Protected Status (TPS)	ONLY if Haitian AND held eligible status prior to being granted TPS	1-766
   A0	Asylum applicant without work authorization	ONLY if Cuban or Haitian	(SAVE)
   AS	Asylum applicant with work authorization		I-766
   C08	(d)(8) Has filed an application for asylum in the US and the application is pending
   C10	(c)(10) Have filed an application for suspension of deportation and the application is pending.
   C11	(c)(11) Have been paroled into the US for emergent reasons or for reasons in the public interest.
   C12	(c)(12) Am a deportable alien and have been granted voluntary departure either prior to or after my hearing before the immigration judge.
   C18	(c)(18) Have a final order of deportation pending	Eligibility of Cubans/ Haitians terminated unless evidence of prior parole	I-766
   C19	An applicant for Temporary Protected Status (TPS)	ONLY if Haitian AND held eligible status prior to being granted TPS	I-766
   CC	Mass migration, Cuban parolee	Cuban	(SAVE)
   CH	Humanitarian parolee	Cuban or Haitian
   CH6	Cuban/Haitian entrant adjusted to LPR	Cuban or Haitian	I-551 or Passport
   CM	Parolee processed under medical professional program	Only if Cuban	I-94 or Passport
   CP	Parolee processed under special migration program	Only if Cuban	(SAVE) or Passport
   CU6	Cuban adjusted under Cuban Adjustment Act	Cuban – ONLY IF held eligible status prior to adjustment	I-551 or Passport
   CU7	Spouse Is a person of the opposite or same sex who is legally married to another person. To be valid couples are required to obtain a marriage license through the County Recorder’s Office. Marriages that occur outside of North Dakota are considered valid in North Dakota if: 1. The marriage was legally performed in another state; or 2. The marriage is a common law marriage that occurred in another state and was considered a valid marriage in that state (the couple would be required to provide documentation verifying that the common-law marriage was considered valid by the state in which it took place); or 3. The marriage occurred in another country and the marriage was considered valid according to the law of the country where the marriage was contracted, unless the marriage violates the strong public policy of North Dakota. 4. Polygamous marriages violate the strong public policy of North Dakota. In situations where polygamy has occurred, the first marriage is considered valid in North Dakota if the marriage meets the criteria in numbers 1, 2, or 3 above. Any additional spouse(s) claimed after the first marriage are considered non-relative. or child of CU6	Ineligible because nationality not Cuban
   DE	Advance parolee	ONLY if Cuban or Haitian	(SAVE)
   DT	Port of entry parole or parole by District Office
   EF	In expedited removal proceedings, awaiting credible fear interview
   EP	In expedited removal proceedings, awaiting final decision for reason other than credible fear determination	ONLY if Cuban or Haitian	(SAVE)
   ERF	In expedited removal proceedings, awaiting credible fear interview
   ERP	In expedited removal proceedings, awaiting final decision for reason other than credible fear determination
   EWI	Entered without inspection, in removal proceedings	ONLY if Cuban or Haitian	Flimsy I-94 or (SAVE)
   HA6	Haitian asylum applicant adjusted to LPR under Haitian Refugee Immigration Fairness Act (HRIFA)	Haitian	I-551
   HB6	Haitian parolee adjusted to LPR under HRIFA	Haitian
   INA 212(d)(5)	Admitted into the US as a parolee	ONLY if Cuban or Haitian	I-94, Passport
   NC61	Cuban or Nicaraguan adjusted to LPR under Nicaraguan and Cuban Adjustment Act (NACARA) – Cubans eligible only if held eligible status prior to adjustment	Only if Cuban	I-551
   ROR	Released on recognizance – in removal proceedings	ONLY if Cuban or Haitian	(SAVE)
   Cuban-Haitian entrants other than parolees are eligible only until a final, non-appealable, legally enforceable deportation order has been issued.

    

2. Compacts of Free Association (COFA Citizens)- Citizens of Federated States of Micronesia (FMS), The Republic of the Marshall Islands (RMI), The Republic of Palau (PAL).

    

   The following are approved for verification of citizenship:

   • Documented with a Form I-94 (including electronic printout from Customs and Border Protection)

   • CFA/FSM” (Compact of Free Association/Federated States of Micronesia) for FSM citizens; or

   • “CFA/MIS” (Compact of Free Association/ Republic of the Marshall Islands) for RMI citizens.

   • “CFA/PAL” indicates a citizen of Palau

   • An unexpired passport from the FSM or RMI, accompanied by Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association

   • Employment Authorization Document with a category code of A08.

 

A 'qualified alien' is an alien, who at the time he/she applies for or receives SNAP benefits is a Lawfully Admitted to the United States for Permanent Residence (LPR) and meets one of the 'Special SNAP Criteria' to be considered an eligible alien.

• Lawfully Admitted to the United States for Permanent Residence (LAPR) also known as Green Card Holders - an alien granted status as a LAPR by the Immigration and Nationality Act (INA).

   

A 'qualified alien' who is not a Cuban or Haitian entrant status or Compacts of Free Association (COFA) Citizens but is a LPR must meet one of the following 'Special SNAP Criteria' to be determined an 'eligible alien'.

1. 'Qualified Alien' and 5 years of residence- effective April 1, 2003, an alien who has lived in the U.S. as a 'qualified alien' for a period of five years or longer from the date of entry The date established by Immigration and Naturalization Service (INS) as the date an alien was admitted to the United States. such as a LAPR, parolee, conditional entry, or battered.

2. Lawfully Admitted to the United States for Permanent Residence (LPR) and 40 work quarters - a LAPR who also meets 40 quarters of work criteria. This requirement is for those individuals who have not resided in the U.S. as a LAPR, parolee, conditional entry, or battered for 5 years or more prior to submitting a SNAP application.

   • The individual must provide proof of earnings of 10 years or more with employer statements, income tax forms, wage stubs, etc., or obtain verification by requesting the information from the regional Social Security Administration (SSA) office. The eligibility staff member can access the 40 Quarters interfaces that is owned by SSA to establish the 40 quarters of work for the LAPR 'qualified alien'.

   • A maximum of four credits may be earned in a year by each individual. Credits will be credited only after the calendar quarter has ended. Calendar quarters mean the four calendar months ending March 31st, June 30th, September 30th, and December 31st of any year.

3. Child - a child currently under 18 years of age who is lawfully residing in the U.S.

4. Disabled - an alien receiving benefits or assistance for blindness or disability and lawfully is residing in the U.S.

5. Aged - an alien lawfully residing in the U.S. on August 22, 1996, and who was born on or before August 22, 1931; or

6. Military connection - an alien who meets one of the following:

   • A veteran, as defined by 38 U.S.C. §101, with an honorable discharge for reasons other than alien status who fulfilled minimum active-duty requirements.

     Note: Acceptable documentation of veteran status is the original copy of the veteran's discharge papers issued by the branch of service the alien was a member. If there has been more than one discharge, the most recent one will be the only one used to determine if this requirement has been met.

   • On active duty in the U.S. Armed Forces (other than for training); or

     Note: Acceptable documentation of active military status is the original copy of the aliens’ current orders posting the alien to a military base.

   • The spouse and unmarried dependent A person who relies on another for support. children (age 18 or younger) of the alien veteran in (a) or (b) above, or the unmarried surviving spouse of a deceased alien veteran. An unmarried dependent child is a child under age 18, or if a full-time student, under age 22.

7. Amerasian Immigrant - an alien admitted to the U.S. as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988.

8. Certain Indians board abroad- a North American Indian (at least 50% Indian blood) born in Canada to whom the provisions of Section 289 of the Immigration and Nationality Act (INA) (8 U.S.C. 1359) apply. This does not include a spouse or child of the Indian, nor a non-citizen whose membership in an Indian tribe or family is created by adoption unless the persons are also of at least 50% Indian blood. This provision was intended to address Canadian born:

   • North American Indians entitled to cross the U.S. border into Canada or Mexico.

   • A member of a federally acknowledged Indian Tribe as defined by the Indian Self- Determination and Education Assistance Act, 25 U.S.C. § 5304(e) Oct. 21, 2020).

     Note: Acceptable types of documentation include birth or baptismal certificates issued on a reservation The geographically defined area over which an Indian Tribal Organization (ITO) exercises governmental jurisdiction as long as the area is legally recognized by the Federal or State government as being set aside for the use of Indians., tribal records, a letter from the Canadian Department of Indian Affairs, a Canadian Certificate of Indian Status (Form IA-2360), or school records

9. Hmong or Highland Laotian tribe - an individual lawfully residing in the U.S. and was a member of a Hmong or Highland Laotian tribe at the time the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975. Also, the following family members:

   • the spouse, or unmarried surviving spouse of the Hmong or Highland Laotian who is deceased;

   • an unmarried dependent child (including legally adopted children) of the Hmong or Highland Laotian under the age of 18, or if a full-time student under the age of 22;

   • an unmarried child (including legally adopted children) under the age of 18 or, if a full-time student under the age of 22 of the deceased Hmong or Highland Laotian provided the child was dependent upon them at the time their death; or,

   • an unmarried disabled child (including legally adopted children) age 18 or older if the child was disabled and dependent on the Hmong or Highland Laotian person prior to the child’s 18th birthday.

      

Counting Work Quarters

No work quarters are creditable for any period after December 31, 1996, if the alien (or the parent or spouse) received any federal means-tested benefits or received SNAP benefits during the period the work quarters were earned. Federal means-tested benefits are TANF Cash, and Tribal TANF, or BIA Tribal Assistance (see Non-Citizen Quarters or Work Calculation).

Note: Any earnings of a non-citizen for work legally performed in the U.S. are used when calculating quarters of work. This includes earnings not creditable for Social Security benefits. The eligibility staff member determines if the non-citizen has earned a quarter of work using the 'National Average Wage Index Needed to Earn One Quarter of Coverage' at the end of this section. Any earnings of a non-citizen for work performed in another country if the work is creditable for Social Security benefits are included.

One quarter of work can be counted for more than one person (e.g., Mom, dad, and child apply for assistance. Mom and dad worked the third quarter of 2000. Since both spouses worked the quarter, all three individuals can count two quarters for 03/00 - one from mom and one from dad). Technically, it is possible to earn 40 quarters in only 20 quarters if both spouses worked the same 20 quarters. A qualifying quarter of work is credited if earned by:

1. The alien;

2. The alien's living or deceased parents (natural, adopted or stepparents) while the alien was under age 18 (including quarters earned before his birth regardless of his current age); or,

3. The alien's spouse during their marriage if the marriage continues or if the spouse is deceased.

 

Information on the alien's quarters of work may be obtained by accessing the SSA interface. If the alien does not have the required 40 quarters of their own, the eligibility staff member needs to access another family member's information to make up the difference or verify earnings by another method such as wage stubs.

Note: Only the alien's parents’ or spouse’s information may be accessed because a child’s quarters or a sibling's quarters cannot be attributed to a parent or a sibling.

 

The resources of an ineligible alien are excluded because the individual is expanded categorically eligible Any household in which all members receive or are authorized to receive TANF and/or SSI. These households are income and asset eligible.. Income and expenses of the ineligible alien are prorated among the remaining household members. Income and expenses must be coded against the ineligible alien or income and expenses will not be prorated.

Exception: A household is allowed the full appropriate mandatory utility allowance if the individuals who share the utility expense(s) are not in the SNAP assistance unit because they are an ineligible alien, Able Bodied Adults Without Dependents (ABAWD) disqualified, or SSN disqualified, but are otherwise required household members. This also applies to households with an ineligible student.

 

State agencies must use the criteria below to determine when to report to USCIS. One of the following criteria must be met:

1. If during the SAVE verification process it is determined that the SNAP applicant is not lawfully present in the United States. *** Please note that our agency may only report the unlawful presence of non-citizens who have applied for SNAP benefits. We do not report if undocumented aliens reside in the same home or if undocumented adults are applying strictly for their children***;

2. USCIS documents presented by the household during the application process are determined to be forged.

3. The State agency determines a non-citizen is indigent and therefore exempt from sponsor deeming; or

4. The State agency obtains a final civil judgment against the sponsor.

During the certification or recertification process, the eligibility staff member may discover other information which indicates someone in the household is an undocumented alien. To determine that a member or members of that household are in fact undocumented aliens based on this other information, it must be reported to USCIS. We must conform to the reporting requirements of the PRWORA and the Interagency Notice.

Note: IF any aliens meets any of the above criteria are found, send to SNAP policy inbox, name, case number and which criteria above (1-4) the undocumented individual falls under, along with reason why the worker believes the individual is undocumented.