Noncitizens Table of Contents

Transcription

1 03/01/09 Noncitizens TOC Page - 1 Noncitizens Table of Contents A. Overview 1. Verifying Alien Status 2. Eligibility Pending Secondary Verification 3. Receipt of Benefits and Public Charge 4. Who Is a Sponsored Alien? 5. Definition of an Alien Sponsor 6. Responsibility of a Sponsor 7. Obtaining a Sponsor s Information (Use of USCIS Form G-845 Supplement) 8. Overview of Deeming 9. Deeming Income 10. Deeming Resources 11. Opting Out B. Noncitizens Eligibility for Food Stamps 1. Alien Status Requirement 2. Calculating Ineligible Noncitizen Income 3. Prorating Ineligible Noncitizen (NCI) Deductions 4. Sponsored Noncitizens 5. Deeming Income 6. Deeming Resources C. Noncitizens Eligibility for MAA, MAF, OHP, and SAC 1. Alien Status Requirement 2. Determining Financial Eligibility for Households with Ineligible Noncitizens 3. Eligibility for CAWEM 4. Sponsored Noncitizens 5. Deeming Income 6. Deeming Resources D. Noncitizens Eligibility for TANF 1. Alien Status Requirement 2. Eligibility for TANF for Qualified Noncitizens who have been Battered or Subjected to Extreme Cruelty, as outlined in 8 U.S.C. 1651(c) 3. Determining and Calculating Benefits for Eligibility Groups with Ineligible Noncitizens 4. Sponsored Noncitizens 5. Deeming Income 6. Deeming Resources E. Qualifying Quarters of Work 1. Determining the Qualifying Work Quarters for Noncitizens 2. Using QCHS

2 Page - 2 Noncitizens TOC 03/01/09 3. Calculating Quarters Using SSA Methodology F. Noncitizens Eligibility for ERDC 1. Alien Status Requirement 2. Eligibility for ERDC for Qualified Noncitizens who have been Battered or Subjected to Extreme Cruelty, as outlined in 8 U.S.C. 1651(c) 3. Determining and Calculating Benefits for Eligibility Groups with Ineligible Noncitizens 4. Sponsored Noncitizens Worker Guide NC-1: Noncitizen Chart Worker Guide NC-2: Citizen/Alien Status

3 03/01/09 Noncitizens D Noncitizens Eligibility for TANF D - 1 D. Noncitizens Eligibility for TANF 1. Alien Status Requirement In addition to qualified noncitizens specified in Noncitizens A, Overview (NC A.), the following noncitizens also meet the alien status requirement for TANF. Victims of a severe form of trafficking under the Trafficking Victim s Protection Act of American Indians born in Canada. Noncitizens who are at risk of domestic violence. If one member in the filing group is at risk, the entire filing group is at risk. Thus, the benefit includes all members in the filing group. Iraqi and Afghan noncitizens granted special immigrant status (SIV) under section 101(a)(27) of the Immigration and Nationality Act. 2. Eligibility for TANF for Qualified Noncitizens who have been Battered or Subjected to Extreme Cruelty, as outlined in 8 U.S.C. 1641(c). Based on federal regulations, if a person has been approved or has an I-360 self-petition pending which sets forth a prima facie case, the person meets qualified alien status. (1) To maintain TANF eligibility during this self-petitioning process, the parent or children who have been battered and subjected to extreme cruelty can not live in the same household as the abuser. (2) The need for benefits would have a substantial connection to the battering or extreme cruelty. (a) A substantial connection means the benefits are needed to enable the applicant, the applicant s child, and/or (in the case of an alien child) the applicant s parent: (A) To become self-sufficient following separation from the abuser; (B) Where the benefits are needed to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the applicant, the applicant s child or the applicant s parent from the abuser. (C) Where the benefits are needed due to a loss of financial support resulting from the separation from the abuser;

4 D - 2 Noncitizens D Noncitizens Eligibility for TANF 03/01/09 (D) Where the benefits are needed due to a loss of financial support resulting from the separation from the abuser; (E) Where the benefits are needed because of a reduction in earnings or job loss related to the battery or cruelty and/or the applicant or applicant s parent (who is not the abuser) had to leave a job for safety reasons. (3) The abuse needed to happen in the United States. Alien Status: Determining and Calculating Benefits for Eligibility Groups with Ineligible Noncitizens To qualify for TANF cash benefits, there must be at least a dependent child who meets citizen/alien status (unless the caretaker relative has a current safety issue related to domestic violence). If the child meets all other eligibility requirements, they are potentially eligible for cash benefits. USE THE ON-LINE DHS 22IT FORM TO DETERMINE ELIGIBILITY AND BENEFIT LEVEL FOR GROUPS WITH NONCITIZENS. To determine eligibility and benefit level for filing groups with ineligible noncitizens, do the following: Treat the entire filing group as if all members meet citizen/alien status when conducting the income tests. Compare their countable income to the Countable Income Standard for the entire financial group. If their income is equal to or exceeds the Countable Income Standard, the benefit group is not eligible. If the countable income is below the Countable Income Standard, calculate adjusted income by subtracting 50 percent from the countable earned income and adding any unearned income. Compare the adjusted income to the Payment Standard for the need group. If adjusted income equals or exceeds the Payment Standard, the benefit group is not eligible. If the adjusted income is below the Payment Standard, calculate benefits by subtracting adjusted income from the Payment Standard for the need group. Compare the outcome to the Payment Standard for the benefit group.

5 03/01/09 Noncitizens D Noncitizens Eligibility for TANF D - 3 If the outcome is less than the Payment Standard for the benefit group, the difference between the outcome and the Payment Standard for the benefit group is treated as income and coded as TNC in CMS. If the outcome is more than the Payment Standard for the benefit group, the Payment Standard is the grant amount for the benefit group. No coding is needed Note: For combined TANF/MAA cases, use the TNC code for TANF and code the MAA income according to income type. The computer will use only the TNC income when calculating the TANF grant: the MAA calculation disregards TNC. 4. Sponsored Noncitizens Noncitizens who were admitted as Lawful Permanent Residents meet the alien status requirement for TANF regardless of when they were admitted. However, some of them are sponsored so the deeming process will apply to them. If the sponsored noncitizens were admitted before December 1997, the sponsor s affidavit of support will show three years of financial responsibility. If the sponsored noncitizens were admitted after December 1997, their sponsor s financial responsibility ends only when the noncitizen has worked 40 qualifying quarters of work or when they receive their naturalized U.S. citizenship. SEE NONCITIZENS A.4 FOR EXAMPLES OF THE COMMON STATUS CODES FOR SPONSORED NONCITIZENS AND NONCITIZENS A.8 TO DETERMINE IF THE DEEMING REQUIREMENTS APPLY. 5. Deeming Income If deeming applies, treat all the countable income as if it were the sponsored noncitizen s income. Allow 50 percent off the earned income of the sponsor and the sponsor s spouse. Add the remaining to all the unearned income of the sponsor and the sponsor s spouse. This is the countable deemed income for each sponsored noncitizen Deeming Resources To determine the amount of resources deemed from the sponsor and the sponsor s spouse (if living together), first total all of their countable resources. Then, divide the total by the number of noncitizens sponsored by the individual or couple. This is the countable deemed resource for each sponsored noncitizen ,

6 D - 4 Noncitizens D Noncitizens Eligibility for TANF 03/01/09 This page intentionally left blank. I:\CAF SSP POLICY\Family Services Manual\FSM52C\15nc-d.doc 3/26/2009

7 NC-WG #2 03/01/09 Citizen/Alien Status Page - 1 Worker Guide Citizen/Alien Status This worker guide includes definitions of terms used in citizen/alien policy, and it gives information about the U.S. Citizenship and Immigration Services (USCIS) documents shown on the Noncitizens Chart. SEE WORKER GUIDE #1 (NC WG#1) OF THE NONCITIZENS CHAPTER FOR THE NONCITIZEN CHART. Definitions Alien: A person who is not a citizen of the United States. Amerasians: People who were born between 1/1/62 and 1/1/76 in Vietnam, who have an American father and a Vietnamese mother. Amerasians may enter the U.S. either as documented aliens or as citizens. If they apply for benefits within 8 months of the date stamped on their entrant papers, they may be eligible for REF. Amnesty Alien: An alien who was here illegally but obtained Temporary Resident legal status after Congress passed a new immigration law entitled "Immigration Reform and Control Act of 1986." The alien must apply for Temporary Resident status through USCIS. Battered and Subjected to Extreme Cruelty: An individual has been battered or subjected to extreme cruelty if the individual has been subjected to I. physical acts that resulted in, or threatened to result in, physical injury to the individual; II. Sexual abuse; III. Sexual activity involving a dependent child; IV. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities; V. threats of, or attempts at, physical or sexual abuse; VI. Mental abuse; or VII. Neglect or deprivation of medical care. Based on federal regulations, if the person has been approved or has an I-360 self-petition pending which sets forth a prima facie case, the person meets qualified alien status. Citizen/Alien-Waived Emergent Medical (CAWEM): Emergency Medicaid for aliens who have a life-threatening need for medical help. To be eligible for CAWEM, a person must meet all the eligibility requirements of any medical program except for citizen/alien status. Immigration and Nationality Act (INA): The basic immigration law. Immigration and Naturalization Service (INS): See USCIS. Immigration Reform and Control Act (IRCA): In 1986, Congress passed the Immigration Reform and Control Act. This act allowed aliens who were currently residing in the United States to apply for legalization without the threat of deportation.

8 NC-WG #2 FSML 52C Page - 2 Citizen/Alien Status 03/01/09 Immigrants: People who have been admitted to the United States for permanent residence and have the option of becoming naturalized citizens after five years of permanent resident status. This category includes some Amerasians. Nonimmigrants: People who enter the United States on nonimmigrant visas. These people are admitted for specific purposes and limited periods of time. They include tourists, students, visitors, temporary workers, investors, dignitaries, etc. Parolees: People not otherwise admissible who are sometimes granted entry into the U.S. at the discretion of the United States Attorney General. Persons Residing Under Color of Law (PRUCOL): People who are known to the USCIS and who the USCIS has no intention of deporting. Refugees/Asylees: People admitted because of a well-founded fear of persecution in their homeland due to race, religion or political opinion, as determined by USCIS. 1/1/82 Residents: Aliens who are being considered for amnesty under IRCA. These are aliens who were not previously lawfully admitted for residency but have proven to the USCIS that they have resided continuously in the United States since 1/1/82. Special or Seasonal Agricultural Workers (SAWs): Aliens who are being considered for amnesty under IRCA. These aliens have proven to the USCIS that they have performed seasonal agricultural services in the United States for the specific period of time established by the USCIS. Undocumented Alien: A person who has overstayed a nonimmigrant visa or who has entered the United States without inspection or valid immigration documents. United States Citizenship and Immigration Services (USCIS): An agency within the United States Department of Homeland Security that is responsible for enforcing the immigration laws that set the conditions of admission and the duration of the stay for all aliens. The USCIS issues the appropriate documentation to those who enter the country legally. (A) United States citizens are: A person born in the U.S. A naturalized citizen. Citizenship A person born outside of the U.S. but whose parents (GP A.27) (both mother and father) are U.S. citizens. A person born outside of the U.S. who is over 18 years of age but who has at least one parent who is a U.S. citizen. The person must either have a certificate of U.S. citizenship or meet one of the following criteria:

9 NC-WG #2 03/01/09 Citizen/Alien Status Page Born on or after 12/24/52 and prior to 11/14/86, and their citizen parent was physically present in the U.S. or its outlying possessions for 10 years or more, at least five of which were after age Born on or after 11/14/86, and their citizen parent was physically present in the U.S. or its outlying possessions five years or more, at least two of which were after age 14. A child born outside of the U.S. who is under 18 years of age and has at least one parent who is a U.S. citizen. The child is residing in the U.S. in the legal and physical custody of the citizen parent after having been lawfully admitted into the U.S. as an immigrant for lawful permanent residence. A child lawfully adopted by U.S. citizens. A citizen of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands (Saipan, Tinian, Rota and Pagan), American Samoa and the Swains Islands. (B) Long-time residence in the U.S. or marriage to a U.S. citizen do not by themselves confer citizenship on an alien. (C) Verification of U.S. citizenship status can be provided by: (1) Birth certificate. (2) Naturalization papers. (3) U.S. passport. (4) Certificate of citizenship.

10 NC-WG #2 FSML 52C Page - 4 Citizen/Alien Status 03/01/09 Certificate of Naturalization Although there have been many different revisions of the CERTIFICATE OF NATURALIZATION, there are two common versions. The present version has a green color background design and contains a gold embossed Great Seal of the United States in the top center portion. Earlier versions were gray or beige and did not contain the embossed seal. Regardless, all certificates of naturalization are printed on watermarked paper. The watermark design of the Department of Justice seal and the letters USA becomes visible when the document is held up to a strong light.

11 NC-WG #2 03/01/09 Citizen/Alien Status Page - 17 In January 1997, INS (currently USCIS) began issuing a new EMPLOYMENT AUTHORIZATION DOCUMENT, Form I-766. The new card is a credit card type of document. The front of the card contains a photo, fingerprint and signature of the rightful holder. The reverse contains a standard bar code, magnetic strip and a two-dimensional bar code which will contain unique card, biographic and biometric data. Form I-766 (January 1997)

12 NC-WG #2 FSML 52C Page - 18 Citizen/Alien Status 03/01/09 Documentation required when a person meets qualified alien status as a person who has been Battered or Subjected to Extreme Cruelty. Documentation of a prima facie status or approved petition includes an I-707, Notice of Action that specifically states that the noncitizen is a: I-360 Self-petitioning spouse/child of USC (U.S. Citizen) or LPR (Legal Permanent Resident). The original notice of action will show an Establishment of Prima Facie Case. The status is valid for a period of 180 days from the date of the notice. An expiration date is given on the bottom of the notice. An I-797 may also indicate an Extension of Prima Facie Case with a new expiration date. An I-797, like the DHS 456, is a decision notice. It can be used for other information that is provided to immigrants by immigration services. Only the I-797 with the specific information about the prima facie case or an approved I-et0 petition would be considered documentation.

13 NC-WG #2 03/01/09 Citizen/Alien Status Page - 19 Social Security Cards Although SOCIAL SECURITY CARDS are not immigration documents, they are mentioned here because they are often used as identification and to establish employment authorization. Social Security cards have been issued since 1936 and have been revised more than 20 times. Originally, the seal on the social security card read Department of Health, Education and Welfare. In May 1980, it was changed to the Department of Health and Human Services. In April 1995, it was changed again to read Social Security Administration. Some counterfeiters have failed to notice these changes. In October 1983, security features were added to the card. All social security cards issued since October 1983 have been printed with raised (intaglio) printing and the signature line consists of microline printing of the words SOCIAL SECURITY ADMINISTRATION in a repeating pattern.

14 NC-WG #2 FSML 52C Page - 20 Citizen/Alien Status 03/01/09 The first three digits of the social security number indicate the state in which the card was issued: Number Issuing State Number Issuing State New Hampshire Montana Maine Idaho Vermont 520 Wyoming Massachusetts Colorado Rhode Island 525 New Mexico Connecticut Arizona New York Utah New Jersey 530 Nevada Pennsylvania Washington Maryland Oregon Delaware California Virginia 574 Alaska 232 North Carolina Hawaii West Virginia Dist. Columbia North Carolina Puerto Rico/VI South Carolina 585 New Mexico Georgia 586 Am. Samoa/Guam Florida Mississippi Ohio Florida Indiana Puerto Rico Illinois Arizona Michigan California Wisconsin Texas Kentucky Utah Tennessee New Mexico Alabama Colorado Mississippi South Carolina Arkansas Louisiana Louisiana Georgia Oklahoma Arkansas Texas 680 Nevada Minnesota North Carolina Iowa Virginia Missouri Hawaii North Dakota Mississippi South Dakota Tennessee Nebraska Arizona Kansas Florida

15 03/01/09 Generic Program Information G Standards G - 15 Number in Need Group 11 & Over Countable Income Each added Each added Each added Each added Premium Amount Billed for Each Non- Exempt OPU Client (I) Income and Payment Standard; OSIP, OSIPM For OSIP and OSIPM (except OSIP-EPD, OSIPM-EPD) in long-term care and in waivered nonstandard living arrangements, the Countable Income Limit Standard is 300 percent of the SSI standard. Use the one-person SSI standard for an individual who has no income and is living alone in the community to compute the Countable Income Limit. Other OSIP and OSIPM cases do not have a countable income limit. The non-ssi OSIP and OSIPM (except OSIP-EPD, OSIPM-EPD) adjusted income standard takes into consideration the need for housing, utilities, food, clothing, personal incidentals, and household supplies. The payment standard is used as the adjusted income limit and to calculate cash benefits for non-ssi OSIP cases. The OSIP-AB Adjusted Income/Payment Standard includes a transportation allowance. The total standard is: Non-SSI/OSIP and OSIPM Adjusted Income Standards One Person in Need Group Two People in Need Group Adjusted No. in Household One Two or More Two Three or More AD/OAA AB The payment standard for SSI/OSIP cases living in the community is the SIP amount. The SIP (Supplemental Income Payment) is a need amount added to any other special or service needs to determine the actual payment.

16 G - 16 Generic Program Information G Standards 03/01/09 For clients whose unearned income minus any SSI or Veterans Nonservice-Connected Disability Benefits is less than $20: SSI/OSIP and OSIPM Payment Standard (Unearned Income Less Than $20) No. in Need Group AD/OAA AB SIP (need) SIP (need) For clients whose unearned income minus any SSI or Veterans Nonservice-Connected Disability Benefits is $20 or more: SSI/OSIP and OSIPM Payment Standard (Unearned Income $20 or More) No. in Need Group AD/OAA AB SIP (need) SIP (need) The SSI/OSIP-AB standard includes a transportation allowance. The standard for two assumes one individual is blind and the other is not. If both are blind, $20 is added to the SIP amount. For SSI couples in AFC, ALF, or RCF, an amount is added to each person s SIP entry that equals the difference between the individual s income (including SSI and other income) and the OSIP standard for a one-person need group. For SSI couples in AFC, ALF, or RCF, create a separate CMS record for each person. In the OSIP and OSIPM programs, individuals in long-term care, a nursing facility, or an ICF-MR are allowed the following amounts for clothing and personal incidentals:

17 03/01/09 Generic Program Information G Standards G - 17 For clients who receive a VA pension based on unreimbursed medical expenses (UME), $90 is allowed. For all other clients, $30 is allowed. For OSIP-EPD and OSIPM-EPD, the Adjusted Income Limit is 250 percent of the Federal Poverty Level for a family of one. For the current income standards for OSIP-EPD and OSIPM-EPD, see the SPD Worker Guide on EPD: (J) Payment Standard for NSLA; OSIP, OSIPM For all OSIP and OSIPM cases in a waivered nonstandard living arrangement (see OAR ), the OSIP/OSIPM Income Standard is allocated as follows: 1. Room and board allowance is $ Personal needs allowance: Non-SSI/SSB Combo Cases SSI/SSB Combo Cases Program AD/OAA $ $ AB $ $ (K) Income Standard; QMB-BAS The Adjusted Income Standard for QMB-BAS is as follows. It is 100 percent of the 2009 federal poverty level. QMB-BAS Adjusted Income Standard No. in Need Group Amount 1 $ , , , , , , , , ,708 Each additional person

18 G - 18 Generic Program Information G Standards 03/01/09 (L) Income Standard; QMB-DW The Adjusted Income Standard for QMB-DW is as follows. It is 200 percent of the 2009 federal poverty level. (M) Income Standard; QMB-SMB QMB-DW Adjusted Income Standard No. in Need Group Amount 1 $ 1, , , , , , , , , ,415 Each additional person The Adjusted Income Standard for QMB-SMB is as follows. It is 120 percent of the 2009 federal poverty level. QMB-SMB Adjusted Income Standard (Case Descriptor SMB) Income greater than 100% but less than 120% of the Federal Poverty Level No. in Need Group Amount 1 $ 1, , , , , , , , , ,449 Each additional person 374

19 03/01/09 Generic Program Information G Standards G - 19 QMB-SMB Adjusted Income Standard (Case Descriptor SMF) Income greater than 120% but less than 135% of the Federal Poverty Level (N) Shelter-in-Kind Standard No. in Need Group Amount 1 $ 1, , , , , , , , , ,006 Each additional person 421 For OSIP, OSIPM, and QMB, the Shelter-in-Kind Standard is: For a single person: Living alone, $415 for total shelter or $250 for housing costs only Living with others, $193 for total shelter or $115 for housing costs only. For a couple: Living alone, $513 for total shelter or $308 for housing costs only. Living with others, $190 for total shelter or $114 for housing costs only

20 G - 20 Generic Program Information G Standards 03/01/09 (O) Special Shelter Allowance; REF, TANF The Special Shelter Allowance is included in the REF and TANF Payment. It is an advance of the ERA refund per ORS (P) Minimum Contribution Standard Special Shelter Allowance No. in Eligible Members Group Amount 1 $ or more The Minimum Contribution Standard is used to determine which portion of a lodger s income is excluded for MAA, MAF, REF, and TANF. Minimum Contributions (Amount each nonrecipient pays) Number in Benefit Group One Nonrecipient Each of two Nonrecipients 1 $214 $ *Use $98 for each nonrecipient over two