M E M O R A N D U M

IM-34 03/03/03 IMMIGRANT POLICY CHANGES


SUBJECT:
IMMIGRANT POLICY CHANGES
DISCUSSION:
In April 2003, the immigrant policy regarding qualified immigrants is changing.  Currently, qualified immigrants are eligible to receive food stamp benefits if they meet certain criteria to also be called eligible immigrants.  The criteria includes 40 quarters of work history, immigrants with a military connection, disabled, some children, and certain elderly individuals.  The policy is not changed for these individuals; they remain eligible. 

Effective April 1, 2003, qualified immigrants who do not meet eligibility under the above criteria are eligible for food stamp benefits indefinitely if:

  • the immigrant has had a qualified immigrant status for five years; and
  • the immigrant has lived in the United States for five years.
    EXAMPLE 1: Mr. A has lived in the United States as a lawful permanent resident for the last six years.  He does not meet any criteria to be an eligible immigrant and is not eligible to receive food stamp benefits.  In April 2003, Mr. A becomes an eligible immigrant as he has resided in the United States for over five years with a qualified immigrant status.

    EXAMPLE 2: Mr. B is a refugee who has lived in the United States for 8 years.  Since he has lived in the United States for over 7 years, he is no longer eligible to receive food stamp benefits due to refugee status.  He does not meet any other criteria to be an eligible immigrant and is not eligible to receive food stamp benefits.  In April 2003, Mr. B becomes an eligible immigrant as he has resided in the United States for over five years with a qualified immigrant status. 

A memorandum with more detail will be issued closer to the implementation date regarding the changes to policy.

Effective March 3, 2003, if an eligibility unit (EU) consisting of at least one qualified immigrant who is not eligible now, but will be eligible on April 1, 2003, applies for food stamp benefits, take the following action:

  • If all EU members are ineligible LPRs currently, but will be eligible on April 1:
    • In Legacy, pend the application until the memorandum with more information is online, then process the application for April 2003.  Record April 2003 as the first month of issuance so the correct certification period is assigned. 
    • In FAMIS, register the application and put into the controlled flow.  Do not complete the controlled flow, as FAMIS will reject the application due to noncitizen status until the new programming is in production.  Complete the controlled flow after you are notified by memorandum that the programming changes are in production.
  • If some EU members are eligible for food stamp benefits in March:
    • In Legacy, process the application for March 2003 and add the LPRs who become eligible in April 2003.
    • In FAMIS, register the application and complete the controlled flow as normal.  Set a reminder to add the ineligible LPR in April 2003.
NECESSARY ACTION:
  • Review this memorandum with appropriate staff.
REM
Distribution #6
IM-33
[ 2003 Memorandums ]
IM-35