3320 Citizenship/Alien Status

Georgia State Seal

Georgia Division of Family and Children Services
SNAP Policy Manual

Policy Title:

Citizenship/Alien Status

Effective Date:

July 2024

Chapter:

3300

Policy Number:

3320

Previous Policy Number(s):

MT-70

Updated or Reviewed in MT:

MT-78

Requirements

To qualify for Supplemental Nutrition Assistance Program (SNAP) benefits, individuals must be a U.S. citizen, U.S. National, or eligible immigrant. Pursuant to section 11(e)(2)(b)(v)(II) of the Food and Nutrition Act of 2008, 7 C.F.R), 273.2 (f)(1)(ii), and the Social Security Act § 1137(a), individuals who are applying for SNAP benefits must verify their citizenship or immigration status and/or provide or apply for an SSN. Some immigrants are eligible, and some are not, depending on their legal status. An individual, who is not applying for SNAP benefits and who does not provide citizenship or immigrant status and/or an SSN may be designated as a non-applicant. A non-applicant is not required to provide citizenship, immigrant status, or an SSN but is required to provide other information that may affect the eligibility of the other applicant AU members such as income or resources. A non-applicant is not eligible to receive SNAP benefits.

Basic Considerations

U.S Citizens

A U.S. citizen is an individual who meets one of the following conditions:

  • born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, U.S. Virgin Islands (St. Thomas, St. John and St. Croix), Northern Mariana Islands (Saipan, Rota, and Tinian), American Samoa, or Swains Island

  • born in another country to a U.S. citizen

    If a Certificate of Citizenship or Report of Birth Abroad was filed on behalf of the child, then no other documents are required to verify citizenship. Refer to Verification of Citizenship in this section for verification requirements.

  • naturalized or born in another country to a non-U.S. citizen residing in the U.S. for the required period and becoming a U.S. citizen

  • a child adopted by a U.S. citizen or naturalized citizen

Effective February 27, 2001, The Child Citizenship Act amended the Immigration and Naturalization Act (INA) to provide U.S. citizenship to certain foreign-born children including adopted children of U.S. citizens if certain criteria are met.

The criteria are as follows:

  • the child must have at least one U.S. citizen parent (by birth or naturalization)

  • the child must be under 18 years of age

  • the child must be a lawful permanent resident

  • the child must be residing permanently in the U.S. in the legal and physical custody of the U.S. citizen parent

  • the child is adopted but meets the requirements applicable to adopted children under immigration law.

For SNAP purposes, the following aliens are to be treated as citizens of the United States:

  • American Indians born in Canada living in the U.S. under Section 289 of the Immigration and Naturalization Act (INA) or non-citizen members of a federally recognized Indian tribe under Section 4(e) of the Indian Self-determination and Education Assistance Act. This provision is intended to cover Native Americans who are entitled to cross the United States border into Canada or Mexico. Included under the provisions are the Regis Band of the Mohawk in New York, the Micmac in Maine and the Kickapoos in Texas.

  • An individual lawfully residing in the United States who was a member of a Hmong or Highland Laotian tribe that rendered assistance to the United States personnel by taking part in a military or rescue operation during the Vietnam Era (August 5, 1964 - May 7, 1975). This category includes the spouse or unmarried surviving spouse or unmarried dependent children of these individuals.

Verification of Citizenship

The following forms of verification may be used to verify citizenship:

  • Birth certificate

  • Certificate of Citizenship (N-560, N-561, N-600, or N-643)

  • Naturalization certificate (N-550) (N-570)

  • Report of Birth Abroad of U.S. Citizen (Form FS-240, FS 545, DS 1350)

  • U.S. Citizen I.D. card (I-197 or I-179)

  • U.S. Passport

  • Consular Report of Birth

  • American Indian card (I-872), first issued by INS, now known as the United States Citizenship and Immigration Services (USCIS) in 1983

  • Northern Mariana Primary I.D. card (I-873), issued prior to 1986 and to applicants born prior to 11/3/86 by INS

  • Court records of parentage, juvenile proceedings, or child support indicating place of birth

  • Property records verifying U.S. citizenship status

  • Religious record of birth recorded in the U.S. or its territories within three months of birth. The document must show either the date of birth or the individual’s age at the time the record was made

  • Any document that establishes place of birth or U.S. citizenship such as records from SSA, VA, local government agencies, hospitals, and a clinic’s record of birth or parentage

  • Verification of citizenship established through another public assistance program or governmental agency. For example, the Medicaid or TANF program.

  • Evidence of civil service employment by the U.S. government before 6/1/76

  • Early school records showing the date of admission to the school, the child’s date and place of birth, and the name(s) and place(s) of birth of the parent(s)

  • Census record showing the name, U.S. citizenship or a U.S. place of birth, and the date of birth or age of the individual

  • Adoption Finalization Papers showing the child’s name and place of birth in one of the 50 states, the District of Columbia, Puerto Rico, Guam, U.S. Virgin Islands (St. Thomas, St. John, St. Croix), Northern Mariana Islands (Saipan, Rota, Tinian), American Samoa, or Swains Island

  • A Third-Party Collateral Statement of a person who has knowledge of an individual’s place of birth (used only when no other method of verification is available)

Citizenship verification is not required in the first month of SNAP participation for applications subject to expedited application processing.

Refusal to verify citizenship results in an automatic determination of not meeting the citizenship requirements.

An individual who does not meet the citizenship requirement is ineligible and is not included in the AU. Refer to 3635 Budget for an AU with Ineligible Aliens or Ineligible ABAWDs.

Citizenship Verification for Newborns

A newborn’s citizenship must be verified in order for the newborn to be included in the assistance unit. Compliance with citizenship requirements is not required until the next recertification (renewal) or within six months following the month of the newborn’s birth whichever is later.

Newborns approved for “Newborn Medicaid” or listed on the “Newborn Report of Birth” have met the citizenship verification requirements for SNAP. Case documentation should indicate that citizenship was established by Medicaid or another governmental entity whichever is appropriate.

Good Cause

Good cause may be established when it is determined that the AU has made every effort to obtain citizenship verification but has been unable to provide the documentation by the verification deadline.

The agency must make every effort to assist the AU in obtaining the documents needed to verify citizenship. Good cause is granted until the next recertification (renewal).

Good cause reasons include the following:

  • Temporary absence from the home

  • Inability of the AU to obtain documents from a hospital or the vital records department because the AU was not born in Georgia

  • Financial hardship

If good cause is established at initial application OR is established when an individual is added to the AU, then document the following information:

  • The AU’s reason for not verifying citizenship

  • The reason and period for granting good cause

  • The assistance provided to the AU in obtaining verification

Include the individual in the AU.

If the individual meets the citizenship requirement during the good cause period, then document the following information:

  • that the citizenship requirement has been met

  • the date and source of verification provided by the AU

If the good cause period has expired and the AU has not provided verification, then the individual is ineligible to participate in the SNAP.

Expiration of Good Cause Period

Follow the procedures below for individuals who have failed to verify citizenship:

  1. Document the good cause determination.

  2. Change the status to ineligible member. Refer to 3635 Budget for an AU with Ineligible Aliens or Ineligible ABAWDs.

  3. Issue timely notice to the AU. The notice must include the following information:

    • The reason for the action

    • The eligibility and benefit amount for the remaining AU members

    • The action the individual must take to be added to the AU

Remove the individual from the AU effective the month following the month timely notice expires.

Aliens

An alien is anyone living in the U.S. who is not a U.S. citizen.

The USCIS categorizes aliens as immigrants, non-immigrants, and undocumented aliens.

Immigrant Aliens

Immigrants are individuals lawfully admitted to the U.S. for permanent residence.

Ineligible Aliens

The following aliens are not eligible to receive SNAP benefits:

Non-Immigrant Aliens

Non-immigrants are individuals, who are admitted to the U.S. for lawful temporary residence, including those admitted under employment authorization. Also included as non-immigrants are tourists, visitors, foreign students, and diplomats.

Undocumented Immigrant Aliens

Undocumented aliens are those individuals who are not in the U.S. lawfully and those residing in the U.S. without USCIS documentation or who are in violation of the terms of a non-immigrant visa after entering the U.S. legally.

If an immigrant alien indicates inability or unwillingness to provide verification of alien status for any alien AU member, that alien is classified as an ineligible alien. In such cases, the agency must not continue efforts to obtain the verification. Refer to 3635 Budget for an AU with Ineligible Aliens or Ineligible ABAWDs.

Definition of Qualified Aliens

A qualified alien is an alien who is legally residing in the U.S. and who may be eligible to receive SNAP benefits.

A qualified alien is an alien, who at the time he/she applies for or receives SNAP benefits, is in one of the following categories as determined by the United States Citizenship and Immigration Services (USCIS) a Bureau of the U.S. Department of Homeland Security (DHS):

  • Lawful Permanent Resident (LPR) under the INA - Individuals who have been admitted for permanent residence into the United States, which may include “Sponsored Aliens”. This category includes the Amerasian immigrants defined under Section 584 of the Foreign Operations, Export Financing and Related Program Appropriations Act of 1988. They are immigrants born in Vietnam between January 1, 1962 and January 1, 1976, to Vietnam mothers and U.S. citizen fathers. This category also includes the surviving spouses and children of deceased Afghans and Iraqis who previously worked for or on behalf of the U.S. government. They are the Surviving Spouse or child of an SQ-1 eligible person (SW1), the current spouse of SW1 (SW2), and the unmarried child of SW1 (SW3). These Special Immigrant LPRs meet the immigration status requirement for public benefits under section 602(b)(8) of the Afghan Allies Protection Act of 2009 (8 U.S.C. § 1101 note) and section 1244(g) of the Refugee Crisis in Iraq Act of 2007, which state that individuals granted this special immigrant status “shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of [the Immigration and Nationality] Act (8 U.S.C. 1157).

Refer to 3105 Application Processing regarding policy for disclosure of citizenship/alien status and social security numbers.

  • Asylums under section 208 of the INA - Individuals physically present in the United States who, if returned to their country of origin, would be under persecution or well-founded fear of persecution.

  • Refugees under section 207 of the INA - Individuals admitted from abroad after they are determined to be under persecution or well-founded fear of persecution in situations of special humanitarian concern to the United States.

  • Victims of trafficking, as defined by (The Trafficking Victims Protection Act of 2000) are treated as refugees for SNAP purposes. Victims of tracking may hold any immigration status. Victims of trafficking are individuals who have been subjected to (1) sex trafficking where the act is induced by force, fraud, or coercion or the individual induced to perform the act is under 18 or (2) involuntary servitude, bondage, or slavery.

    If the victim is age 18 or older, s/he must be certified as willing to assist in the investigation and prosecution of the trafficker. The federal Office of Refugee Resettlement issues the victim a letter of certification as trafficking victims.

    To receive SNAP, the alien must have a letter of certification from the Office of Refugee Resettlement or Health and Human Services.

    Victims of trafficking are issued T Visas by the U.S. Immigration and Citizenship Services. Under TVPRA, eligible relatives of trafficking victims are entitled to Visas designated as T-2, T-3, T-4, or T-5 (collectively referred to as “Derivative T Visas”) and after the issuance of the visas are eligible for federally funded or administered benefits, including SNAP, to the same extent as directed victims of severe trafficking, provided that they meet the other eligibility criteria for the programs.

  • Parolees under section 212(d)(5) of the INA - Individuals who have been granted temporary permission to enter and be present in the United States. Although parolees are legally in the U.S., they have not been granted formal admission into the U.S. When the parole period expires, they are required to leave unless they are eligible to be admitted in a formal status.

  • Deportees - Individuals whose deportation is being withheld under Section 243(h) of the INA as in effect before 4/1/97 or removal is withheld under Section 241(b)(3) of the INA. This is a discretionary procedure used by USCIS to provide relief from deportation by suspending the enforcement of immigration law against a particular group of individuals.

  • Conditional Entrants - Individuals granted entry into the U.S. under section 203(a) (7) of the INA as in effect prior to April 1, 1980.

  • Cuban or Haitian Entrants - Cubans or Haitians who come to the U.S. by boat, without proper travel documentation and who are eligible to become LPRs through the 1986 Immigration Reform and Control Act (IRCA). This also includes Cuban and Haitian Nationals who are paroled under the Western Hemisphere Parole (WHP) COA.

  • Battered Immigrant Aliens - Immigrants who are battered spouses, battered children, or is an immigrant child(ren) of a battered parent with a petition pending under section 204(a)(1)(A) or (B) or section 244(a)(3) of the INA.

    Immigrants who have filed a petition to be considered a battered individual with the USCIS are to be considered qualified immigrants. Qualified alien status is extended to these battered immigrants who are (or were) married to LPRs or U.S. citizens or whose parents are LPRs or U.S. citizens.

    The immigrant must have documentation that a petition has been filed.

  • Iraqi Immigrants – Individuals who have been granted special immigrant status under section 101(a)(27) of the INA. Effective 12/26/07, these immigrants were granted special immigrant status under Public Law 110-161 of The Consolidated Appropriations Act of 2008 and are eligible for SNAP benefits. The period of eligibility for Iraqi immigrants cannot exceed eight (8) months. Effective 12/19/09, these immigrants became eligible for SNAP benefits to the same extent as refugees under Section 207 of the INA (i.e., seven years from the date status was granted) under Public Law 111-118. After the initial eight-month eligibility period has expired, the immigrant must be reconsidered under another condition for qualified aliens, in which he/she may be eligible under the 5-year residence, refugee, asylum or other condition, to continue his/her eligibility for SNAP benefits.

  • Afghan Immigrants – Individuals who have been granted special immigrant status under section 101(a) (27) of the INA. Effective 12/26/07, these immigrants were granted special immigrant status under Public Law 110-161 of The Consolidated Appropriations Act of 2008. Under this law, the period of eligibility for Afghan aliens cannot exceed six (6) months. Effective 3/11/09 under The Omnibus Appropriations Act of 2009, Public Law 111-08, the period of eligibility for Afghan aliens was extended from six (6) months to eight (8) months. Effective 12/19/09, these immigrants became eligible for SNAP benefits to the same extent as refugees under Section 207 of the USCIS (i.e., seven years from the date status was granted) under Public Law 111-118.

    After the initial six or eight-month eligibility period has expired, the immigrant must be reconsidered under another condition for qualified aliens, in which he/she may be eligible under the 5-year residence, refugee, asylum, or other condition, to continue his/her eligibility for SNAP benefits.

    An Iraqi or Afghan alien is considered to be a qualified alien from the date the individual is granted special immigrant status or the date the individual entered the U.S. as a special immigrant.

  • Afghan Humanitarian Parolees (Non-SI Parolees) - Individuals paroled into the United States under section 212(d)(5) of the INA (8 USC 1182(d)(5). That section gives the Attorney General the discretion to parole individuals in the United States “for urgent humanitarian reasons”. Such paroled individuals are qualified aliens. They are eligible for SNAP benefits from their date of entry, without a 5-year waiting period.

  • Haitian Immigrants in the Haitian Family Reunification Parole Program (HFRP) – Haitian immigrants in this program are eligible Haitian family members of U.S. citizens and lawful permanent residents (LPR) (79 F.R. 75581). Under the HFRP Program, the DHS U.S. Citizenship and Immigration Services (USCIS) will offer certain Haitian beneficiaries of family-based immigrant petitions an opportunity to apply for a discretionary grant of parole for up to approximately two years to enter the U.S. This would allow the beneficiaries to wait for their immigrant visas with their families in the U.S. rather than in Haiti.

    Haitians approved for the HFRP Program will enter the U.S. as Cuban/Haitian entrants under Section §501(e) of the Refugee Education Assistance Act of 1980 (REAA). When their immigrant visas become available, they would then be eligible to apply to adjust to Lawful Permanent Resident (LPR) status. At the point of adjustment to LPR status, many of these individuals must have a sponsor execute a USCIS Form I-864 Affidavit of Support.

    Beneficiaries approved for the HFRP Program will be paroled into the U.S. as Cuban/Haitian entrants under §501(e) of the REAA, those individuals will be eligible for SNAP benefits without a waiting period. For those cases in which an I-864 form has been executed when the individual adjusts to LPR status, sponsor deeming will apply in accordance with existing Federal law.

  • Ukrainian Humanitarian Parolees - Individuals paroled in the United States under section 212(d)(5) of the INA (8 USC 1182(d)(5)). That section gives the Attorney General the discretion to parole individuals in the United States “for urgent humanitarian reasons.” New legislation passed May 21, 2022, under the Additional Ukraine Supplemental Appropriations Act, 2022 (Public Law 117-128) removes the five-year waiting period for SNAP eligibility.

  • Citizens of the Freely Associated States - Individuals who are citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. These nations are collectively known as the Freely Associated States (FAS). They are eligible for SNAP benefits from their date of entry, without a 5-year waiting period.

Indefinite Eligibility for Qualified Aliens

Qualified aliens who meet ONE of the following conditions are eligible for SNAP benefits indefinitely.

Blind and Disabled Aliens

Blind or disabled aliens who are receiving or certified for benefits, or assistance for a disability condition regardless of when they entered the U.S. are eligible indefinitely for SNAP benefits.

The qualified alien must be disabled as defined by the SNAP policy. Section 3(j) (2) through (7) of the Food and Nutrition Act of 2008 defines disability for SNAP purposes.

The qualified alien must receive or be certified for SSI, Social Security disability, federal or state disability retirement benefits for a permanent disability, veteran’s disability benefits, railroad disability retirement, disability-related Medicaid, or State or Federal supplemental assistance that is based on criteria used to determine federal SSI criteria such as from the State Medicaid Eligibility Unit (SMEU) (Effective October 1, 2002).

Elderly Aliens

An alien who was born on or before August 22, 1931, and who was lawfully residing in the United States on August 22, 1996, is eligible indefinitely for SNAP benefits as a qualified alien without a waiting period.

Children under Age 18

Children who are qualified aliens under the age of 18 are eligible for SNAP benefits regardless of when they came to the U.S. The child’s eligibility begins when he/she obtains qualified alien status or enters the country as a qualified alien and is eligible without a waiting period.

Once a qualified alien child turns 18, the child may continue eligibility for SNAP as long as he/she meets the other program requirements.

At age 18 the child(ren) may have to meet another condition for qualified aliens in order to remain eligible for benefits.

Citizens of the Freely Associated States

Individuals residing in the U.S. who are citizens of the Federal States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. These nations are collectively known as the Freely Associated States (FAS).

Military Connection

Qualified aliens with a military connection are eligible for SNAP benefits without a waiting period.

A qualified alien who meets one of the following criteria is considered to have a military connection:

  • alien is a U.S. veteran and has been honorably discharged for reasons other than alien status, served in active-duty status for at least 24 months or completed the period of active duty for which the alien was called, or who died while on active duty has a military connection.

  • alien is on active duty (other than for training) in the U.S. Armed Forces.

  • alien is a Filipino who served in the Philippine Commonwealth Army or as a Philippine Scout during WWII.

An alien who is the current or surviving spouse or the unmarried children (natural, step, adopted) under age 18 of any of the above if the spouse or child meets the SNAP alien eligibility criteria.

A surviving spouse continues to meet eligibility criteria if the veteran or alien on active duty dies, and the spouse has not remarried. The marriage must have lasted for one year or for any period if a child was born during or before the marriage.

Residing in the U.S. for 5 Years (5-year residents)

Aliens who have lived in the U.S. as a qualified alien for 5 years (or longer) from the date of entry are eligible for SNAP benefits indefinitely.

40 Qualifying Work Quarters

Lawful permanent residents (adults and/or children) who can be credited with 40 qualifying work quarters meet the citizenship/alien requirement and are eligible for SNAP benefits indefinitely.

Determining 40 Qualifying Work Quarters

To establish 40 qualifying work quarters, complete the following procedures:

Step 1

Obtain the full name, Social Security Number, date of birth, and sex of each wage earner whose quarters are being used to establish eligibility.

The wage earner may be:

  • the alien (self)

  • a current spouse (consider only quarters worked during the marriage)

  • a deceased spouse whose credited quarters were worked during the marriage

    The alien must not be currently married if considering the deceased spouse’s qualifying quarters.

  • A parent (deceased or divorced) whose children (biological or adopted) are or were under age 18 at the time the credited quarters were worked.

    Quarters earned prior to the birth of the child may be used.

  • A stepparent, if at the time the credited quarters were worked the child was under age 18, unmarried, and there was a marital relationship with the child’s parent.

    If the marital relationship ends for reasons other than death, the credited quarters of a stepparent cannot be used.
    To meet this requirement, a parent may not use a child’s quarters of employment.
    Step 2

    Accept the A/R’s or wage earner’s statement to verify quarters worked if the following conditions exist:

    1. Alone or in combination with parents and/or spouse, the alien has sufficient time in this country to have acquired 40 quarters and;

    2. USCIS documents verify that the dates of entry are consistent with 40 credited quarters or more;

    3. The alien, spouse, parent, or a combination of these individuals has sufficient quarters to meet the requirement. The same quarters may be used to meet the requirement for more than one alien.

    Step 3

    Use the SVES system to interface with the Social Security Administration (SSA) to obtain verification needed to credit quarters.

If SSA indicates through SVES data or other means that the number of qualifying quarters that can be credited is under investigation, the alien is eligible to be included in the AU for up to six months from the date of the notification from SSA that the number of quarters is being investigated.

Step 4

Have each wage earner whose quarters are being used to establish eligibility complete and sign Form SSA-3288, Social Security Administration Consent for

Release of Information and provide a statement of his/her work history as outlined in Step 2.

The wage earner may be an alien or U.S. citizen by birth or naturalization. The wage earner is not required to have paid Social Security taxes or have earned quarters under the SSA.
Step 5

Eliminate as a credited quarter any quarter in which the wage earner received federal public assistance on or after January 1, 1997. The result is the number of qualifying quarters and must equal 40 (or more) for the lawful permanent resident to be eligible for benefits.

“Received” is defined as being included in a federal public assistance benefit.

Public Assistance is defined as SNAP benefits, housing, TANF, employment services, support services, childcare subsidy, federal energy assistance, subsidized utilities, SSI, or Medicaid (other than EMA). This list is not all-inclusive. Public assistance does not include EMA, public health assistance, foster care, adoption assistance, soup kitchen meals, crisis counseling, short-term shelter, educational assistance, WIA, disaster relief, or Head Start. This list is not all-inclusive.

Determine the number of credited work quarters, as follows:

  • Prior to 1978 - if earnings totaled at least $50 per calendar quarter (January through March, April through June, July through September, or October through December), a quarter was credited to the wage earner.

  • Effective January 1, 1978 - credited quarters are based on the total yearly earnings. To determine the number of credited quarters, divide the total yearly earnings by the figures listed below for that year.

The result (up to 4), minus the number of quarters public assistance was received, is the number of credited quarters.

For example, the total yearly earnings are $3,000 for 2003. Divide $3000 by $890. The individual has 3.3 credited quarters.

1978 $250 1991 $540
1979 $260 1992 $570
1980 $290 1993 $590
1981 $310 1994 $620
1982 $340 1995 $630
1983 $370 1996 $640
1984 $390 1997 $670
1985 $410 1998 $700
1986 $440 1999 $740
1987 $460 2000 $780
1988 $470 2001 $830
1989 $500 2002 $870
1990 $520 2003 $890
2004 $900 2005 $920
2006 $970 2007 $1000
2008 $1050 2009 $1090
2010 $1120 2011 $1120
2012 $1130 2013 $1160
2014 $1200

Step 6

Document calculations in the case notes if the 40 QTRS Interface in Gateway is not working.

Aliens Who DO NOT Have A Waiting Period or Additional Condition for Eligibility

The following qualified aliens are eligible to receive SNAP benefits without a waiting period and without having to meet an additional criterion for SNAP eligibility:

  • Refugees admitted under section 207 of the INA

  • Victims of severe trafficking

  • Asylums granted asylum under section 208 of the INA

  • Cuban or Haitian Entrants under section 584 of the REEAA of 1980

  • Iraqi and Afghan special immigrants

  • Afghan Humanitarian Parolees

  • Hmong or Highland Laotian tribal members

  • Certain American Indians born abroad

  • Qualified Alien Children under 18

  • Aliens receiving benefits for disability or blindness

  • Elderly alien who was lawfully residing in U.S. and 65 or older on August 22, 1996

  • Military connection

  • Amerasian immigrants under section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988

  • Haitian immigrants approved for the Haitian Family Reunification Parole Program

  • Ukrainian nationals, citizens, or those who last habitually lived in Ukraine and are granted parole between February 24, 2022, and September 30, 2024 under Section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022

  • Citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, collectively known as the Freely Associated States

Aliens Who DO Have A Waiting Period and/or an Additional Condition for Eligibility

  • Deportation withheld under section 243 (h) or removal under section 241 (b0(3) of the INA

  • Lawfully admitted for permanent residence (LPR) in the U.S. (holders of green cards)

  • Aliens paroled under section 212(d)(5) of the INA for at least one (1) year

  • Conditional Entrants under section 203(a)(7) of the INA as in effect prior to 4/1/08

  • A battered spouse, battered child, or alien child of a battered parent with a petition pending under section 204(a)(1)(A) or section 244(a)(3) of the INA.

Eligibility Conditions for Qualified Aliens

To be eligible for SNAP benefits, an alien must be in a qualified alien status AND either: (1) be eligible without having a waiting period or (2) meet one of the criteria for indefinite eligibility.

Chart 3320.1, Eligibility Conditions for Qualified Aliens, below provides a list of qualified aliens who are eligible without a waiting period or an additional criterion for SNAP eligibility.

CHART 3320.1 ELIGIBILITY CONDITIONS FOR QUALIFIED ALIENS

  • Amerasian immigrant under section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988

  • Surviving spouses and children of deceased Afghans and Iraqis who previously worked for or on behalf of the U.S. government under section 602(b)(8) of the Afghan Allies Protection Act of 2009 and section 1244(g) of the Refugee Crisis in Iraq Act of 2007

  • Refugee admitted under section 207 of the INA

  • Granted asylum under section 208 of the INA

  • Deportation withheld under section 243(h) of the INA as in effect prior to 4/1/97 or removal withheld under section 241(b)(3) of the INA

  • Cuban or Haitian entrant under section 501(e) of the Refugee Education Assistance Act (REAA) of 1980 (including Cuban and Haitian Nationals who are paroled under the Western Hemisphere Parole (WHP) COA)

  • A victim of a severe form of trafficking under the Trafficking Victims Protection Act of 2000

  • Iraqi and Afghan Immigrants granted special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA). Public Law 110-161 of the Consolidated Appropriations Act of 2008.

  • Afghan Humanitarian Parolees

  • Hmong or Highland Indians tribal members

  • Certain American Indians born abroad

  • Aliens receiving benefits for blindness or disability

  • Qualified alien children under 18

  • Elderly aliens residing in U.S. and are 65 or older on August 22, 1996

  • Military Connection

  • Citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, collectively known as the Freely Associated States

  • Haitian immigrants approved for the Haitian Family Reunification Parole Program

  • Ukrainian nationals, citizens, or those who last habitually lived in Ukraine and are granted parole between February 24, 2022, and September 30, 2024 under Section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022

Additional Eligibility Conditions for Qualified Aliens

Chart 3320.2, Additional Eligibility Conditions for Qualified Aliens, below provides a list of qualified aliens who do have a waiting period and must meet an additional criterion for SNAP eligibility.

CHART 3320.2 ADDITIONAL ELIGIBILITY CONDITIONS FOR QUALIFIED ALIENS

  • Lawfully admitted for permanent residence (LPR) in the U.S. (holders of green cards)

The qualified aliens in the left column of this chart must meet one of the conditions of indefinite eligibility below to be eligible for SNAP Benefits

  • Residing in the U.S. as a qualified alien for five years or longer from the date of entry.

  • LPR who can be credited with 40 quarters of work under SSA.

  • Military connection such as veterans, active-duty personnel, and their spouse and children. Active duty includes the U.S Army, Navy, Air Force, Marine Corps, or Coast Guard (but not full-time National Guard)

  • Children under 18 years of age lawfully residing in the U.S.

  • Disabled or blind as defined by Supplemental Nutrition Assistance Program policy.

  • Born on or before August 22, 1931 and lawfully residing in the U.S. on August 22, 1996.

  • Paroled under section 212(d)(5) of the INA for at least one (1) year

  • Granted conditional entry under section 203(a)(7) of the INA as in effect prior to 4/1/08

  • A battered spouse, battered child, or alien child of a battered parent with a petition pending under section 204(a)(1)(A) or section 244(a)(3) of the INA

Determining Eligibility for Qualified Aliens

Chart 3320.3, Determining Eligibility for Qualified Aliens, below lists the qualified alien statuses that may or may not result in SNAP eligibility, and the documents required to verify USCIS status. USCIS has the discretion to change documents and codes to allow any alien or group of aliens to stay in the U.S. indefinitely.

Documents issued by USCIS may vary by local USCIS office. USCIS status may also be verified by a letter of decision from an immigration judge.

Chart 3320.3, Determining Eligibility for Qualified Aliens, provides the eligibility and verification requirements for qualified or non-qualified aliens.

CHART 3320.3 DETERMINING ELIGIBILITY FOR QUALIFIED ALIENS

Amerasian immigrant under section 584 of the Foreign Operations, Export Financing and Related Program Appropriations Act of 1988

the alien is eligible from the date of entry into the U.S.

I-95 annotated AM1, AM2, AM3
I-551 annotated AM6, AM7, AM8
Vietnamese Exit Visa,
Vietnamese Passport,
U.S. Passport stamped AM1, AM2, AM3

Granted asylum under section 208 of the INA

the alien is eligible from the date status is granted

I-94 annotated Section 208
I-688B annotated 274a.12(a)(10)
USCIS documents with asylum codes AS1, AS2, AS3, AS6, AS7, AS8
I-766 annotated A10

Cuban or Haitian entrant under section 501(e) of the Refugee Education Assistance Act (REAA) of 1980

(Also includes Haitians in the Haitian Family Reunification Parole Program and entrants under the Western Hemisphere Parole (WHP) COA)

the alien is eligible from the date of entry

I-94 annotated paroled as a refugee section 207

I-551 annotated with codes CU6, CU7, CH6

Paper Form I—​94 with COA of WHP

Foreign passport with parole stamp that includes a COA of WHP

Form I-766, Employment Authorization Document with a C11 category if they have applied for and received one

Deportation withheld under section 243(h) of the INA as in effect prior to 4/1/97 OR removal withheld under section 241(b)(3) of the INA

the alien is eligible from the date deportation was withheld or date removal was withheld

I-94 annotated Section 243(h) or 241(b)(3)
Order from a Judge showing deportation withheld
I-688B annotated 274a.12(a)(10)
I-766 annotate A10

Paroled under section 212(d)(5) of the INA for at least one (1) year

the alien is ineligible and must meet one of the conditions for indefinite eligibility as provided in Chart 3320.2

I-688B annotated 274a.12(a)(4) or c(11)
I-94 annotated 212(d)(5an)
I-512 annotated 212(d)(5)

Refugee admitted under section 207 of the INA

the alien is eligible from the date of entry or status.

I-94 annotated section 207 or paroled as a refugee I-688B annotated 274a.12(a)(3), (a)(4), (a)(10)

I-551 or USCIS

documents with RE1, RE2, RE3, RE6, RE8, R86, P71, CH6, CU6, CU7, CU8, CU9, CNO, CUP, CNP, M83, Y64

A victim of a severe form of trafficking under the Trafficking Victims Protection Act of 2000

the alien is eligible from the date status is granted

Visas code T-2, T-3, T-4, and T-5 (Not available in SAVE system)

Iraqi and Afghan Immigrants granted special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA). Public Law 110-161 of The Consolidated Appropriations Act of 2008.

the alien is eligible from the date status is granted.

Afghan or Iraqi passport Immigrant Visa category SI1, SI2, SI3, SQ1, SQ2, SQ3

I-551 showing Afghan or Iraqi Nationality with codes SI6, SI7, SI9, SQ6, SQ7, SQ9

Afghan Immigrants with Special Immigrant Visa (SIV) Status (SQ/SI) Parolee Sec 602 (b)(1) AAPA/SEC 1059(a) NDAA 2006

the alien is eligible from the date status is granted.

Afghan passport Immigrant Visa category SQ4, SQ5

Afghan Humanitarian Parolees

the alien is eligible from the date status is granted.

If an individual was paroled and entered the United States between July 31, 2021, and September 30, 2021, their date of eligibility is October 1, 2021.

If they entered the United States OR departed from the “safe haven” after October 1, 2021, their date of eligibility is their date of humanitarian parole or date of departure from the “safe haven”.

Afghan passport without SQ/SI Parole

Lawfully admitted for permanent residence (LPR) in the U.S. (holders of green cards)

the alien is ineligible and must meet one of the conditions for indefinite eligibility as provided in Chart 3320.2

Passport, Visa, I-94-annotated, I-181, DHS AR-3a, Processed for I-551 (Temporary Evidence of Lawful Residence)

The surviving spouses and children of deceased Afghans and Iraqis who previously worked for or on behalf of the U.S. Government, their current spouse and unmarried child(ren) granted special immigrant status under section 602(b)(8) of the Afghan Allies Protection Act of 2009 (8 U.S.C. § 1101 note) and section 1244(g) of the Refugee Crisis in Iraq Act of 2007

the alien is eligible from the date of entry or status.

Permanent Resident Card (Form I-551, also known as a Green Card)

Foreign passport with a Temporary I-551 Machine Readable Immigrant Visa

Foreign passport with temporary I-551 Permanent Resident Stamp

Form I-94 Arrival/Departure Record with a Temporary I-551 Permanent Resident Stamp

COA Code –SW1, SW2, SW3

Granted conditional entry under section 204(a)(7) of the INA prior to 4/1/80

the alien is ineligible and must meet one of the conditions for indefinite eligibility as provided in Chart 3320.2

I-94 annotated with section 203(a)(7) or other USCIS document indicating conditional entrant

A battered spouse, battered child, or an alien child of a battered parent with a petition pending under section 204(a)(1)(A) or section 244(a)(3) of INA.

the alien is ineligible and must meet one of the conditions for indefinite eligibility as provided in Chart 3320.2

I-94 annotated AR1, AR6, C20-C29, CF1, CF2, CR1, CR6

I-551 annotated applicant has filed an I-130 or I360 petition as a battered alien.

USCIS Form 797 (is documentation of approval of I-130 application).

These documents are used to verify that a battered alien is in a qualified alien status not SNAP eligibility.

Undocumented

the alien is ineligible and must apply to obtain qualified alien status and meet one of the conditions for indefinite eligibility as provided in Chart 3320.2.

None

Micronesia, Marshall Islands, Palau (collectively known as the Freely Associated States (FAS)

the alien is eligible from the date of entry into the U.S.

Form I-94, arrival/departure record;

Form I-766, Employment Authorization;

Form I-797, Notice of action receipt.

Note: Based on information from a FAS citizen’s documentation, SAVE can provide an initial verification response of Non-immigrant Employment Authorized – Indefinitely. The initial verification response may also include employment authorization information if the FAS citizen has an EAD. If the automated SAVE response is unexpected or is not sufficient for an agency to make a benefit eligibility determination, the agency should institute additional verification.

Ukrainian citizen or national who received humanitarian parole (known as a Ukrainian Humanitarian Parolee, or UHP)

the alien is eligible from the date status is granted.

If an individual was paroled and entered the United States between February 24, 2022, and May 21, 2022, their date of eligibility is May 21, 2022.

If they entered the United States after May 21, 2022, their date of eligibility is their date of humanitarian parole.

Form I-94 noting humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. § 1182(d)(5))

Or

Foreign passport with DHS/CBP admission stamp noting “DT”

Or

Foreign passport with DHS/CBP admission stamp noting Uniting for Ukraine or “U4U”

Or

Foreign passport with DHS/CBP admission stamp noting Ukrainian Humanitarian Parolee or “UHP”

Or

Form I-765 Employment Authorization Document (EAD) receipt notice with code C11

Or

Form I-766 Employment Authorization Document (EAD) with the code C11

A non-Ukrainian individual who last habitually resided in Ukraine and received humanitarian parole

Form I-94 noting humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. § 1182(d)(5))

Or

Foreign passport with DHS/CBP admission stamp noting “DT”

Or

Foreign passport with DHS/CBP admission stamp noting Uniting for Ukraine or “U4U”

Or

Foreign passport with DHS/CBP admission stamp noting Ukrainian Humanitarian Parolee or “UHP”

Or

Form I-765 Employment Authorization Document (EAD) receipt notice with code C11

Or

Form I-766 Employment Authorization Document (EAD) with the code C11

And

Documentation of last habitual residence in Ukraine

Determining Eligibility for Afghan and Iraqi Immigrants

Use Chart 4, Chart 5, and Chart 6 to determine eligibility for Afghan and Iraqi Immigrants.

CHART 3320.4 DETERMINING ELIGIBILITY FOR AFGHAN IMMIGRANTS (Under Consolidated Appropriations Act of 2009 Effective 12/26/07)
Date Granted Special Immigrant Status Six (6) Month Eligibility End Date Application Date Dates of Eligibility/Period of Eligibility

10/09/08

03/31/09

12/17/08

12/17/08 – 03/31/09

02/26/09

07/31/09

03/31/09

03/31/09 – 07/31/09

01/06/09

06/30/09

01/15/09

01/15/09 – 06/30/09
CHART 3320.4 DETERMINING ELIGIBILITY FOR IRAQI IMMIGRANTS (Under Consolidated Appropriations Act of 2009 Effective 12/26/07)
Date Granted Special Immigrant Status Eight (8) Month Eligibility End Date Application Date Dates of Eligibility/Period of Eligibility

09/10/08

04/30/09

12/17/08

From 12/17/08 – 04/30/09

01/26/09

08/31/09

03/31/09

03/31/09 – 08/31/09

08/1//08

03/31/09

08/15/08

08/15/08 – 03/31/09

10/1/08

05/31/09

11/10/08

11/10/08 – 05/31/09
CHART 3320.5 DETERMINING ELIGIBILITY FOR AFGHAN IMMIGRANTS (Under Omnibus Appropriations Act of 2009 Effective 3/11/09)
Current Recipient Households

Date Granted Special Immigrant Status

Six (6) Month Eligibility End Date

Eight (8) Month Eligibility End Date

Date of Review

Period of Eligibility

7/08/08

12/31/08

2/28/09

12/15/08

Ineligible for an additional 2 months as 8-month period expired prior to 3/11/09, the effective date of the law

9/01/08

2/28/09

4/30/09

2/11/09

Eligible 3/11/09 – 4/30/09

(ineligible 3/1/09 - 3/10/09) as these dates are prior to the effective date of the law

12/16/08

5/31/09

7/31/09

5/15/09

Eligible 6/01/09 - 07/31/09
CHART 3320.6 APPLICANT HOUSEHOLDS FOR AFGHAN AND IRAQI IMMIGRANTS
Date Granted Special Immigrant Status Eight (8) Month Eligibility End Date Application Date Period of Eligibiity

12/16/08

7/31/09

3/31/09

Eligible for 5 months from 3/31/09 - 7/31/09

2/02/09

09/30/09

3/06/09

Eligible for 7 months from 3/06/09 - 9/30/09

4/21/09

11/30/09

4/07/09

Eligible 8 months from 4/07/09 - 11/30/09

Reporting Unlawful Aliens

Report aliens to the U.S. Department of Homeland Security (DHS) when the AU presents a formal order of deportation. The report is done by calling DHS at 404-331-2762 and selecting the Detention/Removal option, then selecting the Deportation option. Document the case record with the referral information.

Budgeting

Income and resources are budgeted according to special procedures. Refer to 3635 Budget for an AU with Ineligible Aliens or Ineligible ABAWDs for budgeting procedures.

Refer to 3630 Budget for an AU with Sponsored Aliens for policy on Sponsored Aliens.

Verification of Alien Status

Verify alien status at application, when an individual is added to the AU, when the agency becomes aware of a discrepancy, and if questionable.

Aliens whose document(s) do not clearly verify qualified status, but whose USCIS documents are sufficient to perform WEB1 procedures, are eligible to be included in the AU for up to six months pending receipt of secondary verification of USCIS status.

Verification Information Systems

The Verification Information System (VIS), Customer Processing System (CPS) is provided by the U.S. Citizenship and Immigration Services (USCIS) to verify the immigration status of non-citizens and certain citizens applying for various benefits. The WEB-3 Access Method is designed to assist government agencies with eligibility determinations for federal, state and/or local public benefits.

WEB-3 establishes the legitimacy of alien documentation and provides verification of the status under which an alien has been admitted to the U.S.

Complete WEB-3 procedures in the following situations:

  • To establish the alien status of ALL non-citizens

  • To verify the legitimacy of an alien’s documentation

  • To determine the status of an alien whose documentation has been lost or expired

  • To determine if USCIS has assigned a new alien status

SAVE or USCIS Form G-845-S (USCIS Save Document Verification) may be used to obtain secondary or additional information to verify alien status.

WEB-3 access is available at: save.uscis.gov/Web/vislogin.aspx?JS=YES

LOGGING IN THE SYSTEM FOR THE FIRST TIME:

  1. Enter the web address: save.uscis.gov/Web/vislogin.aspx?JS=YES

  2. In the address line of your web browser (Internet Explorer or Netscape). Click GO or press enter.

  3. Enter your login information.

    • Enter your user ID.

    • Enter your password.

  4. Click “Login” to continue.

  5. Change your password. You are required to do this when you log onto the system for the first time.

    • Enter the password you just used to log on in the “Old Password” field.

    • Enter a new password in the “New Password” field. Your new password must contain at least three of the four following password characteristics:

      • One uppercase or lower-case letter

      • One number

      • One special character (! @ $ % * etc)

        The password must contain between 8 to 14 characters in length. There is a 15-minute inactivity automatic logout. Passwords must be changed every 45 days.

  6. To ensure that you have entered the correct password, re-enter the password in the “Re-type New Password” field.

  7. Once you have entered the password, click the “Submit Password Change” button. Once you have completed the password change, you will be allowed into the system.

  8. Set your password challenge questions and answers. These will be used to verify your user information in case you forget your password.

  9. Click the “Submit” button.

FOR INITIAL VERIFICATION REQUESTS:

  1. Select the “Initial Verification” function in the Case Administration section (Left-hand menu bar) of the Navigation frame. A screen will appear requesting the type of documents (s) the applicant presented. Select only one button then click “Next”.

  2. Enter the Applicant Information to be queried: Alien Number, Card Number, Last Name, First Name, Middle Initial, Date of Birth, Doc. Expiration Date, and Benefits.

  3. Click the “Next” button or “Back” button to correct any information.

  4. If all the information has been entered correctly, the results will appear within seconds on the Case Details page.

  5. Click the “Next” button to submit your query. The system will return the Case Details page with the initial verification parameters at the top, followed by a section with the results of your initial verification query.

FOR ADDITIONAL VERIFICATION REQUESTS:

There are several reasons for submitting additional verification requests including:

  1. If the system prompts the user to input additional verification.

  2. If the system detects potential errors in the required information fields, a screen will be generated to allow you to update your data. To change or reenter information, select the “Request Additional Verification” option at the bottom of the Case Details page to resubmit the query. An additional section will appear to enter more information. Enter additional information.

  3. Click the “Submit Additional Verification” button.

The VIS system will return the Case Details from the initial results, the additional verification parameters, and the status of the additional verification. A response is returned within 3 to 5 federal working days.

When the response is returned, the “Response Date” field will be populated. If the non-citizen’s immigration status has expired, the “Expires On” field will pre-populate the expiration date.

FOR THIRD-STEP VERIFICATION REQUESTS:

If there is a need for more information (i.e. copy of documents), the VIS system returns a message “Resubmit Doc (Need copy of original).”

To initiate third-step verification,

  1. Select “Resubmit Verification”.

  2. After the third-step request is made, a browser will open with a pre-populated G-845 PDF, which includes the Verification Case Number. Print out and attach this document and send to the designated Status Verification Office (SVO). The SVO for Georgia is located in Buffalo, NY. See address below.

    Send a copy of the G-845 and alien documents to:

    United States Citizenship and Immigration Services
    10 Fountain Plaza, 3rd Floor
    Buffalo, NY 14202
    ATTN: Immigration Status Verification Unit

The Form G-845 is usually returned to the agency within 10 to 20 federal working days from the date of receipt.

The SAVE Program Assistance is available to all users Mon.– Fri., 9:00 A.M. to 7:00 P.M. EST (except federal holidays).

For technical assistance, call 1-800-741-5023.

The SAVE E-Mail address is SAVE.help@uscis.dhs.gov