1105.010.00 Citizenship and Immigrant Status

1105.010.10.07 Immigrant Children

IM-52 May 30, 2013; IM-121 November 17, 2004; IM-112 August 21, 2003

Immigrant children under age 18 can receive Food Stamps as long as they meet qualified immigrant criteria and the other Food Stamp eligibility criteria. Immigrant children do not have to meet the five year waiting period or other eligible immigrant criteria (see 1105.010.10 Eligible Immigrants).

Enter the appropriate status code and verification code on the Non-Citizen Information (FMML) screen. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen (FMML) screen. FAMIS reads the age of the immigrant and if a valid qualified (see 1105.010.05 Qualified Immigrants) immigrant code is entered and the child is under 18, FAMIS passes the EU member for Non-Citizen eligibility.

When the child turns 18, s/he must meet another eligible immigrant criteria to continue receiving Food Stamp benefits.

EXAMPLE 1: Jane is a lawful permanent resident (LPR) who entered the US January 15, 1998. Her family is receiving Food Stamp benefits when she turns 18 in November 2003. Because Jane is a qualified immigrant (LPR) and meets an eligible criteria (resided in the US for five years in a qualified status) she remains eligible to receive Food Stamp benefits.

EXAMPLE 2: John is a lawful permanent resident (LPR) who entered the US January 15, 2002. His family is receiving Food Stamp benefits when he turns 18 in February 2004. John is a qualified immigrant (LPR); however he does not meet an eligible criteria. John is no longer eligible to receive Food Stamp benefits after his 18th birthday, until he meets another eligible criteria.

FAMIS applies this policy at the next certification or next interim change entered into the system.

If an EU reports a qualified immigrant child has turned 18, complete an eligibility determination (EDRES). If the immigrant child remains eligible, there is no change to the case.  If the immigrant child is no longer eligible, authorize the notice of adverse action, and the action to remove the child.