Temporary Assistance/Case Management Manual

0205.040.05 Eligibility Determination

IM-09, March 3, 2021; IM-#104 December 4, 2006,   IM-#122, September 12, 2003,  IM-#27, February 19, 2003,  IM-#154 November 21, 2002,  IM-173, September 19 , 2001

Declaration of Citizenship

Applicants for Temporary Assistance must declare in writing under penalty of perjury that they are citizens or nationals of the United States or individuals in a satisfactory immigration status. Satisfactory immigration status does not cause ineligibility for the applicable program. This is declared on the application. If the applicant is not a citizen or national, require documentation of current immigration status and provision of the Alien Registration Number. Use the Systematic Alien Verification for Entitlements (SAVE) program to validate the documentation provided by the claimant. Do not delay or deny benefits solely on citizenship while awaiting the results of verification through SAVE. Use SAVE procedures at each reinvestigation if the immigration status is subject to change, documents verifying status have an expiration date, or if SAVE indicates U.S. Citizenship and Immigration Services (USCIS) is still checking for status. See 0205.040.05.25 Documentation and Verification of Citizen or Alien Status for further SAVE procedures.

Per the Child Citizenship Act of 2000 (Pub. L. 1006-295), consider a biological or adopted person born outside of the United States a citizen if the following conditions were met on or after February 27, 2001:

  • One of the person’s parents is a United States citizen (whether by birth or naturalization; verified by the standards of citizenship verification listed in this section) and
  • The person was legally residing in the United States, in the custody of a citizen parent, while under the age of 18.

NOTE: A participant with documentation verifying a legal status other than citizenship, such as Lawful Permanent Resident, may meet the conditions of this act. Despite documentation that indicates a status other than citizenship, if evidence suggests a parent of a participant is a citizen, explore citizenship eligibility for the participant under the conditions of the Child Citizenship Act of 2000.

Participants can provide a Certificate of U.S. Citizenship as proof that these conditions have been met. However, do not require participants to obtain or provide a Certificate of U.S. Citizenship if it can be proven by other means that the participant meets the conditions of the Child Citizenship Act of 2000.

Eligible Citizens and Immigrants

Grant Temporary Assistance benefits to a citizen or an ELIGIBLE qualified alien as defined in Sections 0205.040.05.05 through 0205.040.05.15.

Aliens With Sponsors

During the interview discussion, staff will need to ask if the alien has a sponsor. Request verification of the sponsor and the amount that the sponsor provides to the alien. This information should be recorded on the SPONSOR screen (FM85). The following information should be gathered on the sponsor:

  • Name;
  • Address;
  • Telephone Number;
  • A copy of the Affidavit of Support (I-864);
  • Amount provided on a monthly basis; and
  • Any other information the non-citizen can provide.

If staff receives information that the sponsor is not meeting the financial obligation, contact IM Program and Policy.

See Refugee Assistance Manual 1505.000.00

Possibility of Deportation Due to Receipt of Temporary Assistance

Congress broadly declared as federal policy that lawfully admitted resident aliens who become public charges for causes arising after their entry are not subject to deportation.

If the participant has other questions about immigration matters, advise him/her to contact U.S. Citizenship and Immigration Services (USCIS) for more detailed information.