Citizenship and Alien Status - For Food Benefits
Purpose:
This section describes which immigrants are eligible for benefits through federally-funded Basic Food and state-funded Food Assistance Program.
WAC 388-424-0020 How does my alien status impact my eligibility for federally-funded Basic Food benefits?
WAC 388-424-0030 How does my alien status impact my eligibility for state-funded benefits under the food assistance program?
Clarifying Information - WAC 388-424-0030
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.
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.
- Proof of alien status:
- 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.
- Deeming requirements for sponsored immigrants:
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.
4. When a “qualified alien” child turns 18 before being in the U.S. for five years:
- 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.
- 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"
- A qualified alien;
- An alien who has been inspected and admitted and who has not violated the terms of that admission;
- A parolee (for less than 1 year), except those paroled pending a determination of excludability or for prosecution;
- A Lawful Temporary Resident;
- A person under Temporary Protected Status;
- A Cuban-Haitian entrant;
- A Family Unity beneficiary:
- A person granted Deferred Enforced Departure;
- A person in Deferred Action;
- 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;
- 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): 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 Family Reunification Parole (HFRP) Program 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.