Citizenship and Alien Status - Immigrant Eligibility for Basic Food and Food Assistance Program (FAP)
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Citizenship and Alien Status - Immigrant Eligibility for Basic Food and Food Assistance Program (FAP)


Revised June 29, 2012



Purpose: This section describes which immigrants are eligible for benefits through federally-funded Basic Food and state-funded Food Assistance Program.

WAC 388-424-0020How does my alien status impact my eligibility for federally-funded Basic Food benefits?
WAC 388-424-0030How does my alien status impact my eligibility for state-funded benefits under the food assistance program?

WAC 388-424-0020

WAC 388-424-0020

Effective July 1, 2012

WAC 388-424-0020 How does my alien status impact my eligibility for federally-funded Basic Food benefits?

  1. If you are a U.S. citizen or U.S. national as defined in WAC 388-424-0001 and meet all other eligibility requirements, you may receive federal Basic Food benefits.
  2. If you are not a U.S. citizen or U.S. national, you must fall within (a) or (b) of this subsection, and meet all other eligibility requirements, in order to receive federal Basic Food benefits:
    1. You are a member of one of the following groups of lawful immigrants as defined in WAC 388-424-0001:
      1. Amerasian;
      2. Asylee;
      3. Cuban or Haitian entrant;
      4. Deportation or removal withheld;
      5. Refugee;
      6. Special immigrant from Iraq or Afghanistan;
      7. Victim of trafficking;
      8. Noncitizen American Indian; or
      9. Hmong or Highland Lao tribal member.
      1. You are a member of one of the following groups of qualified aliens as defined in WAC 388-424-0001:
        1. Conditional entrant;
        2. Lawful permanent resident (LPR);
        3. Paroled for one year or more; or
        4. Abused spouse or child or parent or child of an abused spouse or child.
      2. And, one of the following also applies to you:
        1. You have worked or can get credit for forty Social Security Administration (SSA) work quarters, as described in WAC 388-424-0008;
        2. You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement, as described in WAC 388-424-0007;
        3. You receive cash or medical benefits based on Supplemental Security Income (SSI) criteria for blindness or disability;
        4. You have lived in the U.S. as a "qualified alien" as described in WAC 388-424-0001 for at least five years;
        5. You are under age eighteen; or
        6. You were lawfully residing in the U.S. on August 22, 1996 and were born on or before August 22, 1931.
    2. If you are a legal immigrant not eligible for federal benefits under Basic Food only because of your alien status, you may be eligible for state-funded food assistance program (FAP) benefits under WAC 388-400-0050.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 388-424-0030

WAC 388-424-0030

Effective July 1, 2012

WAC 388-424-0030 How does my alien status impact my eligibility for state-funded benefits under the food assistance program?

  1. If you are not a citizen and are not eligible for federally-funded Basic Food benefits, you may be eligible for state-funded benefits under the food assistance program (FAP) if you are a legal immigrant.  This means you must be one of the following:
    1. A "qualified alien" a defined in WAC 388-424-0001, who does not meet the eligibility requirements under WAC 388-424-0020 to receive federally-funded Basic Food benefits; or
    2. A "nonqualified alien" as described in WAC 388-424-0001 who:
      1. Is not a nonimmigrant as described in WAC 388-424-0001(d);
      2. Intends to stay in the United States indefinitely; and
      3. The United States Immigration and Customs Enforcement is not taking steps to enforce your department.
  2. If you are eligible for state-funded FAP, we calculate your benefits as described under WAC 388-400-0050.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

1.      Proof of alien status:

If a client does not provide proof of the alien status of someone in the assistance unit (AU), the client can withdraw the application or apply for Basic Food without that person. That person is an ineligible AU member under WAC 388-408-0035. Please refer to the VERIFICATION chapter for general rules regarding documentation.

2.       Income of immigrants and their sponsors:

  • See WAC 388-450-0140  for treatment of income of AU members who are ineligible to receive federally funded Basic Food due to alien status.
  • See WAC 388-450-0160  for treatment of income of a sponsored alien's sponsor.

3.      Deeming requirements for sponsored immigrants:

We must deem income to a sponsored immigrant who is not exempt from deeming requirements under WAC 388-450-0156. This includes a sponsored immigrant who is eligible for federal benefits based on being a qualified alien who has lived in the U. S. for five years, if they do not have 40 qualifying quarters of work or qualify for a different exemption.


NOTE: An immigrant who is an ineligible member of a federally-funded Basic Food AU should not have his sponsor's income and resources deemed to eligible AU members.

NOTE: We must deem resources in addition to income when the AU is not Categorically Eligible (CE) as defined in WAC 388-414-0001. See WAC 388-470-0070  for deeming sponsor resources.

4.        When a “qualified alien” child turns 18 before being in the U.S. for five years:

A “qualified alien” child under age 18 is eligible for Basic Food benefits. If the child is a sponsored immigrant, they are also exempt from the requirements to deem a portion of their sponsor's income and resources under WAC 388-450-0156.

  1. If the immigrant turns age 18 before they have been in the U.S. for five years, they must meet one of the other requirements under WAC 388-424-0020  to keep getting Basic Food benefits.
  2. The immigrant regains eligibility for benefits after they have been in the U.S. for five years or meet one of the other criteria under WAC 388-424-0020.

5.    "Lawfully residing"

For the purposes of this section, the term “lawfully residing” carries a narrower meaning than elsewhere in this chapter. This definition includes only the following immigrants:

  1. A qualified alien;
  2. An alien who has been inspected and admitted and who has not violated the terms of that admission;
  3. A parolee (for less than 1 year), except those paroled pending a determination of excludability or for prosecution;
  4. A Lawful Temporary Resident;
  5. A person under Temporary Protected Status;
  6. A Cuban-Haitian entrant;
  7. A Family Unity beneficiary:
  8. A person granted Deferred Enforced Departure;
  9. A person in Deferred Action;
  10. An alien who is the spouse or child of a U. S. citizen, whose visa petition has been approved and who has a pending application for adjustment of status;
  11. An applicant for asylum or for withholding of removal under the Convention Against Torture, who has been granted employment authorization or who is under the age of 14 and has had an application pending for at least 180 days.

6.           Iraqi and Afghan Special Immigrants (SIVs):

Special Immigrants from Iraq or Afghanistan (SIVs) who were granted Special Immigrant status under section 101 (a)(27) of the INA, their spouses and unmarried children under 21 are eligible for Basic Food benefits with no time limit.

 

For more information on documentation, Immigration Status codes, benefit eligibility and step-by-step process, please see desk aid Iraqi and Afghan Special Immigrants Benefits.

7.  Haitian Entrants vs. Haitian Nationals Granted Temporary Protected Status:

  • Haitian Entrants granted status under section 501(e) of the Refugee Education Assistance Act of 1980 are qualified aliens and eligible for Basic Food benefits if they meet all other eligibility requirements.
  • Haitian Nationals Granted Temporary Protected Status (TPS) are not eligible for federal SNAP benefits.  These persons are PRUCOL as described under WAC 388-424-0001 and cannot receive Basic Food.  

8.  ACES Procedures:  Basic Food Assistance for Special Immigrants

Modification Date: June 29, 2012