0310 310 Citizenship And Immigrants
User Manual: 310-Citizenship-and-Immigrants
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DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 310.1 REQUIREMENTS A. Each member of the assistance unit must be one of the following: 1. A citizen of the United States or its territories who was: • Born in the U.S. • Born in Puerto Rico, Virgin Islands, Guam, or the Northern Marianna Islands • Born to a U.S. citizen living outside the U.S., or • A naturalized citizen 2. A U.S. non-citizen national born in American Samoa or Swain’s Island 3. An American Indian born in Canada meeting provisions of §289 of INA or §4(e) of the Indian Self-determination and Education Assistance Act. 4. A Hmong or Highland Laotian tribal member if alive at any time between August 5, 1964 and May 7, 1975 (spouse, surviving unmarried spouse, and unmarried dependent children also qualify) 5. A “qualified” immigrant who meets certain conditions. A “qualified” immigrant is: • An immigrant lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) • An immigrant granted asylum under §208 of the INA • A refugee admitted under §207 of the INA • An immigrant who is paroled for at least a year under §212(d)(5) of the INA. • An immigrant whose deportation was withheld under §§243(h) or whose removal was withheld after April 1, 1997 under §241(b)(3). • An immigrant who was granted conditional entry under §203(a)(7) prior to April 1, 1980 • Certain battered immigrant spouses and children • Cuban and Haitian entrants paroled under §212(d)(5) of INA . REVISED AUGUST 2008 Page 1 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 B. Lawfully admitted immigrants who are in the U.S. temporarily are not eligible, including: 1. Visitors and tourists 2. Diplomats and their families 3. Individuals with student visas C. Immigrants who are in the U.S. illegally are not eligible D. Immigrants who do not have documentation of their status, or the documentation has expired, are not eligible E. Do not delay approval of the eligible family members pending receipt of immigration status documentation When documentation is received that verifies the immigrant is qualified, add the immigrant to the assistance unit effective the month following the month the verification is received 310.2 QUALIFIED IMMIGRANT ELIGIBILITY CONDITIONS – FEDERAL TCA A. The following “qualified” ”(see Requirements section I A 5 above) immigrants are eligible for federally-funded TCA: 1. Veterans who were honorably discharged for reasons other than immigrant status, spouses and unmarried dependent children also qualify 2. Active military duty personnel, except those on active duty only for training, spouses and unmarried dependent children also qualify 3. Immigrants who have worked 40 qualifying quarters (see qualifying quarter information under next heading) 4. Immigrants who have had a “qualified” immigrant status for 5 or more years B. The following immigrants are eligible for federally-funded TCA immediately and indefinitely, even if their status is adjusted to legal permanent resident (LPR): 1. Refugees admitted under § 207of the Immigration and Nationality Act 2. Asylees admitted under §208 of the Immigration and Nationality Act 3. Immigrants whose deportation has been withheld under §§243 (h) or 241(b)(3) of the Immigration and Nationality Act REVISED AUGUST 2008 Page 2 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 4. Cuban and Haitian immigrants as defined in §501(e) of the Refugee Education Assistance Act of 1980 5. Amerasians admitted for permanent residence 6. Immigrants who are victims of severe trafficking 310.3 QUALIFIED IMMIGRANT ELIGIBILITY- STATE TCA A. “Qualified immigrants who are ineligible for federal TCA benefits solely due to their immigrant status are eligible for state-funded TCA if they meet all other technical and financial TCA eligibility requirements. B. Medical assistance is only available to children and pregnant women. 310.4 IMMIGRANTS BATTERED OR SUBJECTED TO EXTREME CRUELTY A. An immigrant (or his or her child, or in the case of a child immigrant, his or her parent) who does not otherwise meet the criteria as a qualified immigrant and who has been subjected to battery or extreme cruelty is considered a qualified immigrant if all the following conditions are met: 1. Has the appropriate INS status, limited to an application for: • Lawful permanent residence (LPR) as the spouse, child, or unmarried son or daughter of a citizen or an LPR • LPR as the widow or widower of a U.S. citizen and was married at least 2 years at time of death • LPR as the spouse of a citizen or LPR, has resided with the spouse in the U.S. and has (or child has) been subject to spouse’s battery or extreme cruelty • LPR as the child of a citizen or LPR, resided with that parent in the U.S. and was subjected to battery or cruelty by that parent, or • Stay of deportation due to battery of self by spouse or child by parent (only status that helps those never married or divorced) 2. Has been subjected to battery or extreme cruelty in the U.S. by spouse, parent, or a member of that person’s family residing in the same household 3. Has need of TCA because of the battery or cruelty 4. Has left the household of the batterer REVISED AUGUST 2008 Page 3 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 B. The battered immigrant is not eligible for federal TCA benefits unless he or she has an immigration status, which is otherwise eligible. However, since the person is qualified, state-funded TCA may be granted. C. Verification is required that the immigrant meets each of the criteria. If the immigrant does not have INS documents and police reports, INS or the Executive Office for Immigration Review (EOIR) can verify that a petition to qualify under this category has been approved. Use any credible proof that the immigrant has left the home of the batterer. (See FIA Information Memo 99-51 for details) D. Immigrants in this category should be referred to the local department Family Violence Expert, including those who need help filing to qualify under this category 310.5 FORTY QUALIFYING QUARTERS OF WORK A. Qualifying quarters of work may be earned by the: 1. Immigrant applying for benefits 2. Parent of the immigrant before the immigrant turns 18 3. Spouse of the immigrant during the marriage as long as the couple is still married or the spouse is deceased B. Add together the qualifying quarters of the immigrant, parent, and spouse to determine if there are 40 qualifying quarters. C. Determine a quarter of coverage as follows: 1. From 1978 to the present: Total earnings for the calendar year are divided by the dollar amount needed to qualify as a quarter in the designated year, up to a maximum of 4 2. Prior to 1978: Any quarter with $50 in wages qualifies up to a maximum of 4 quarters in a calendar year D. Net self-employment of $400 qualifies as 4 quarters in a calendar year E. Count covered and non-covered wages. F. Count wages earned while the immigrant was illegally in the U.S. G. After December 31, 1996, do not count wages received during a quarter in which the immigrant received federal means-tested benefits REVISED AUGUST 2008 Page 4 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 310.6 VERIFICATION A. Only require verification of U.S. citizenship or non- U.S. citizen-national status if questionable B. Require verification of immigration status, which must include immigration status, date of entry, and date current status was designated 1. Obtain a copy of the immigration status documents listed below that are acceptable for the specified status 2. Always verify using the Systematic Alien Verification for Entitlement Program (SAVE) to ensure that documents are valid 3. If the immigrant does not have a document or it has expired, refer the person to the US Citizenship and Immigration Services (USCIS) 4. If the immigrant has applied for replacement documents, send Form INSG845 and Supplement and a copy of the applicant’s receipt for replacement documents to USCIS 5. Do not contact USCIS directly to obtain documentation unless requested to do so by the immigrant who is hospitalized, disabled, or has other good cause for not having the documentation and obtaining it would cause undue hardship 6. To access the SAVE system see the SAVE Manual or the SAVE Action Transmittal on FIPNET: C. Require verification if the individual claims unlimited eligibility due to veteran status, active military duty, or quarters of work coverage, using 1. Quarters of Coverage History System (QCHS) in the State Verification Exchange System as the primary source for verifying quarters of work • Consent Form SSA-3288 if requesting work history for a person other than the applicant – retain in the case record • Form SSA-513 instead of QCHS if unable to obtain consent from an individual other than the applicant 2. Veterans Administration or Defense Department as the primary source to verify military or veteran status D. The immigrant is ineligible until a qualified status is verified REVISED AUGUST 2008 Page 5 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 E. The following documents verify immigrant status: 1. Asylee • INS Form I-94 annotated with stamp showing grant of asylum under section 208 of the INA; • INS Form I-688 B (Employment Authorization Card) annotated "274a.12(a)(5)"; • INS Form I-766 (Employment Authorization Document) annotated "A5"; • Grant letter from the Asylum Office of INS 2. Refugee • INS Form I-94 annotated with a stamp showing admission under section 207 of the INA. • INS Form I-688 B (Employment Authorization Card) annotated "274a.12(a)(3)". • INS Form I-766 (Employment Authorization Document) annotated "A3". • INS-Form 571 (Refugee Travel Document) 3. Immigrant Whose Deportation or Removal Was Withheld • INS Form I-688B (Employment Authorization Card) annotated "274a.12(a)(10). • INS Form I-766 (Employment Authorization Document) annotated "A10". • Order from an immigration judge showing deportation withheld under section 241(b)(3) of the INA. 4. Cuban/Haitian Entrant • INS Form I-551 (Alien Registration Card) with a code CU6, CU7, or CH6; • Unexpired temporary I-551 stamp in a foreign passport or on INS Form I94 with the code CU6 or CU7; or • INS Form I-94 with a stamp showing paroled as "Cuban/Haitian REVISED AUGUST 2008 Page 6 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 5. Amerasian • INS Form I-551 with the code AM6, AM7, or AM8; • Unexpired temporary I-551 stamp in foreign passport; or • INS Form I-94 with unexpired stamp with code AM1, AM2, or AM3. 6. Immigrant Paroled into the U.S. for a period of at least one year • INS Form I-94 with stamp showing admission for at least one year under section 212(d)(5) of the INA. (The applicant cannot aggregate periods of admission for less than one year to meet the one-year requirement.) 7. Immigrant Granted Conditional Entry • INS Form I-94 with stamp showing admission under section 203 (a)(7) of the INA, • INS Form I-688 B (Employment Authorization Card) annotated “274a.12(a)(3),” • INS Form I-766 (Employment Authorization Document) annotated “A3.” 8. Lawfully Admitted for Permanent Residence • INS Form I-551 (Alien Registration Receipt Card, commonly known as a “green card”) or • Unexpired Temporary I-551 stamp in a foreign passport or on INS Form I94 310.7 Sponsored Immigrants A. Immigrants who were sponsored prior to December 19, 1997 are: 1. Required to count the income and resources of the individual sponsor (and spouse if living together) for 3 years from date of entry 2. The 3- year period can be shortened when the individual sponsor cannot be located or is unable to provide financial assistance B. An affidavit of support is required for all applications for immigrant visas or adjustment of status on or after December 19, 1997. 1. The support form is I-864 REVISED AUGUST 2008 Page 7 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 2. The sponsor agrees to maintain the immigrant at 125% of the federal poverty level or higher 3. The sponsor agrees to reimburse any agencies providing a means-tested benefit to the immigrant 4. Termination of the support obligation ceases when the immigrant: • Becomes a U.S.citizen, or • Has worked or been credited with 40 quarters of work, or • Has left the US and no longer has LPR status, or • Dies 5. Termination also ceases if the sponsor dies 6. Exceptions to sponsoring requirements: • Refugees and asylees are exempt even after attaining LPR status. • Battered spouses and children are granted a one-year exception if the batterer is the spousal or parental sponsor in that sponsor’s home. • The exception may continue if battery or extreme cruelty is recognized by INS, a judge, or an Administrative Law Judge • Immigrants who are indigent because they are abandoned by their sponsors or their sponsors’ contributions are so inadequate that the individual would go without food and shelter C. Verify the sponsor’s income or status only if the immigrant claims that the sponsor does not or cannot support them D. See Income Section for detailed information about sponsor’s income 310.8 EXAMPLES 1. Mrs. Norway and her three minor children apply for TCA because Mr. Norway died in 2006. The Norways and 2 of the children immigrated to the U.S. in Sept. 1997 as LPRs. Mr. Norway’s sister sponsored them. Eric, the oldest child, came in 2005 as an LPR. Both Mr. and Mrs. Norway worked for 5 years, each earning at least $10,000 per year. • Mrs. Norway and two of the children are eligible for federal TCA because they have been here more then 5 years. REVISED AUGUST 2008 Page 8 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 • Eric is eligible for federal TCA because his parents each have 20 quarters of qualified work which are added together giving 40 quarters of work • Mr. Norway’s sister is no longer responsible for supporting the family because the 3-year period for sponsorship, that applied at the time, has expired 2. Ms. Kosovo and her son Joe entered the U.S. in January 2004 as refugees. In November 2005, she attained the status of lawfully admitted immigrant for permanent residence. Ms. Kosovo lost her job in February 2006 and applies for TCA. • Ms. Kosovo and her son are eligible for TCA as refugees. Even though their status changed to LPR since they entered the US with refugee status they are eligible under refugee status. 3. Mr. and Mrs. Cuba entered the U.S. with their 4 children in September 2005 and were granted refugee status. The family received TCA during 2006 and 2007. Mr. Cuba begins working in October 2007 and continued working until January 2008 when he injured his back. The family again applies for TCA. They have not become citizens nor has their immigrant status changed. • The family is eligible for federal TCA, if all other conditions of eligibility are met, because they are refugees. 4. Mr. France, who has a 14- year old daughter, Parris, marries Ms. America, a US citizen, while both are living in Italy. The family came to the U.S. in July 2004 and was given permanent resident status. Their daughter, Mary, was born in the US in 2005. Ms. America’s uncle sponsored the Mr. France and Parris. In February 2005, the uncle died and the family applies for TCA. • Although some members are eligible for federal TCA and some for state TCA, there is one TCA assistance unit • Ms. America and Mary are U.S. citizens and eligible for federal TCA • Mr. France and Parris are LPRs and cannot receive federal TCA benefits, but are eligible for state-funded TCA. • Ms. America, Parris and Mary are eligible for the Food Supplement Program (FSP) • Mr. France is not eligible for FSP REVISED AUGUST 2008 Page 9 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION CITIZENSHIP AND IMMIGRANTS 310 TEMPORARY CASH ASSISTANCE MANUAL COMAR 07.03.03.07 TECHNICAL ELIGIBILTY 300 Note: Make Ms. America head of household since she is eligible for all benefits • Eligibility for state-funded benefits is coded on the ALAS screen • Enter STATE PAID in the School Name field for TCA 5. Mrs. Green came to the United States as a student, on a visa, in 2002. She married Mr. Green in 2004. They had two children who were born in the US. Mrs. Green never had her status changed. After years of abuse and many interventions by the police, Mrs. Green left her husband, taking the children with her. She applied for permanent residence status and for TCA in March 2008 because her husband cut off all support. • The two children are U.S. citizens and eligible for federally funded TCA • Mrs. Green satisfies all the conditions to be a qualified immigrant under battered spouse criteria, but is not eligible for federal TCA because she has not been in the U.S. as a qualified immigrant for 5 years. She does not have sufficient work quarters, neither she nor Mr. Green were in the military and she is not a refugee, asylee, or parolee, etc. • Mrs. Green is eligible for state-funded TCA, but not MA or food stamps • The children also receive federally funded food stamps and Medical Assistance ADDITIONAL INFORMATION • Family Investment Program Components - State-funded TCA Program REVISED AUGUST 2008 Page 10
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