• Qualified Immigrant Eligibility: Qualified immigrants who have been in the United States (US) for five years and have had a qualifying status for five years are now eligible. 

• Sponsor Deeming: Immigrants whose sponsors signed an affidavit of support (I-864 or I-864A) on or after 12/19/1997 must have the sponsor's income and resources deemed to the eligibility unit (EU) unless the EU meets a deeming exemption. 

• Sponsor Liability: Sponsors who signed an affidavit of support (I-864 or I-864A) on or after 12/19/1997 may be responsible for food stamp benefits received by immigrants they sponsor unless the immigrant or sponsor meets a liability exception.

• Applicants have the option to provide immigrant status and/or SSN of each EU member.  If the applicant chooses to not provide (declines to declare) immigrant status or the SSN, that EU member is considered a non-applicant.  The individual will not receive food stamp benefits, however, his/her income and resources are still included on the food stamp budget. 

• If the immigrant has a sponsor who signed an affidavit of support on or after 12/19/1997 and does not meet a deeming exemption, the sponsor's income and resources are deemed to the immigrant's EU. 

• If the immigrant is exempt from deeming due to indigence, the immigrant must be reported to the Attorney General of the US.  The immigrant will face no negative consequence from INS for receiving food stamp benefits.  If the immigrant does not wish to be exempt from deeming due to indigence, s/he can opt to have the sponsor's income and resources deemed to his EU.  Explain that deeming the income and resources may cause an EU to be eligible for fewer food stamp benefits, or may cause the EU to not be eligible.

• If the immigrant has a sponsor and receives food stamp benefits, the sponsor may be liable for those food stamp benefits.  A notice will be sent to the sponsor notifying them of the liability.  Advise the individual that neither the sponsor nor the immigrant will face negative consequences from INS for participating in the Food Stamp Program.

Currently, immigrants are eligible to receive food stamp benefits if they meet both qualified criteria and eligible criteria.  The qualified criteria is not changed.  Refer to FS Manual section 1105.010.00 for qualified criteria.  The qualified immigrant must also meet certain criteria to be an eligible immigrant. Effective April 1, 2003, a new category is added to eligible criteria.  Qualified immigrants are eligible to receive 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 (US) for five years. 

EXAMPLE 1: Mr. A has lived in the US as a lawful permanent resident (LPR) for the last six years. He did not meet any criteria to be an eligible immigrant and was not eligible to receive food stamp benefits. In April 2003, Mr. A becomes an eligible immigrant as he has resided in the US for over five years with a qualified immigrant status.

EXAMPLE 2: Mr. B is a refugee who has lived in the US since July 1, 1994.  He was no longer eligible to receive food stamp benefits on July 1, 2001, because he did not meet one of the eligible criteria.  In April 2003, Mr. B becomes an eligible immigrant as he has resided in the US for over five years with a qualified immigrant status.

EXAMPLE 3: Mr. C entered the US on January 1, 1998, but INS did not complete the paperwork until January 1, 1999.  INS granted Mr. C status as an LPR retroactive to January 1, 1998.  Mr. C was not eligible to receive food stamp benefits as he did not meet eligible immigrant criteria.  In April 2003, Mr. C becomes an eligible immigrant as he has resided in the US for over five years and his qualified immigrant status was retroactive to the date he entered the US.

• Children: Qualified immigrant children are eligible to receive food stamp benefits indefinitely once the child has been lawfully present in the US for five years.

• Elderly: Qualified immigrants who are elderly are eligible to receive food stamp benefits indefinitely once the immigrant has been lawfully present in the US for five years.

• Disabled: A qualified immigrant who receives blind or disability benefits may receive food stamp benefits indefinitely.  There is no five year waiting period for disabled immigrants.  To be considered disabled, the EU member must meet the food stamp definition of disabled. 

• Refugees, Amerasians, Asylees, Cuban/Haitian Entrants, and Deportees: Immigrants who have one of these qualified statuses are eligible to receive food stamp benefits indefinitely. There is no five year waiting period for these categories.  If the status of the immigrant changes to another status, the immigrant remains eligible for food stamp benefits under this original status. 

• Immigrants with a Military Connection: Immigrants who have a military connection are eligible to receive food stamp benefits indefinitely under this criteria. There is no five year waiting period for immigrants with a military connection. 

• Immigrants with 40 Qualifying Work Quarters: Immigrants who have 40 qualifying quarters under Title II of the Social Security Act are eligible to receive food stamp benefits indefinitely under this criteria.

• Battered Immigrants: Battered immigrants are eligible to receive food stamp benefits indefinitely once the individual has been in the US for five years with a qualified status.

• Immigrants Eligible Under the Trafficking Victims Protection Act of 2000: Immigrants who are victims of severe forms of trafficking are eligible to receive food stamp benefits indefinitely.  There is no five year waiting period.

 When an immigrant changes from one status to another, 

• review the current status to determine if the immigrant is eligible under this status; and

• if not eligible due to the five year waiting period review the previous status to determine if the immigrant is eligible due to this status, or if added to the previous status the immigrant is eligible due to being in the US with a qualified status for five years. 

Example: Mr. D entered the US on January 15, 1999.  In February 2001, he obtained a military connection.  Because he is eligible due to the military connection, his previous status from January 15, 1999 through February 2001 does not need to be verified. 

Example: Mr. E has been an LPR for three years, but has been in the country for eight years.  He previously was considered a refugee.   Because he is not eligible based on the LPR status alone, he must provide verification of his refugee status.  Once verification is obtained, Mr. E is eligible to receive food stamp benefits indefinitely due to his refugee status.

FAMIS Programming Changes

The following changes are made to FAMIS programming. 

• Since refugee, Amerasian, asylee, deportee, or entrant status causes the individual to be eligible indefinitely regardless of current status, FAMIS checks the current and previous statuses of all immigrants to determine if the immigrant is eligible under these categories. 

• Due to the change in policy that qualified children, elderly immigrants, and other qualified immigrants are eligible after residing in the US for five years with a qualified status, two new codes are added and two codes are removed. 

• The new status code LPR (lawful permanent resident) is added to identify individuals who are LPRs but do not meet criteria for 40 work quarters or military connection.  The new status code BIM (battered immigrants) is added to identify individuals who are qualified immigrants who meet the criteria of battered immigrant.  FAMIS reads the entry date and status begin date to determine eligibility. 

• The status codes LNE (legal non eligible) and CED (children, elderly, and disabled) are no longer available for use.  If an immigrant is currently coded as LNE or CED, the status must be updated to the appropriate status code at next application or during a budget adjustment.  If the codes are not updated, FAMIS gives an ISD (insufficient data) as a result.

There are no programming changes for Legacy.  For Legacy cases, staff should complete the recording of the eligibility determination on form IM-102, Food Stamp Worksheet in any available space. 

We are changing the definition of field 43 Citizenship code "Q" to qualified/eligible immigrant.  Use the "Q" code for the following types of eligible immigrants: 

• LPRs who are eligible;
• Battered immigrants who are eligible;
• Amerasians;
• Cuban/Haitian entrants;
• Immigrant with 40 qualifying quarters;
• Hmong/Laotian/Cross Border Native;
• Victims of Trafficking; and
• Nationals.

The sponsor deeming policy is revised.  The deeming requirements apply only to immigrants whose sponsor has signed a legally binding Affidavit of Support (INS Form I-864 or I-864A) on or after December 19, 1997.  Prior to this date, affidavits of support were not legally enforceable, meaning the sponsor was not legally forced to support the immigrant.  The procedure for calculating the deemed income/resources is not changed.  Refer to Food Stamp Manual section 1135.030.10.20 -1135.030.10.25 for instructions.

 Sponsor deeming does not apply to the following: 

• IMMIGRANT WHOSE SPONSOR HAS NOT SIGNED A LEGALLY BINDING AFFIDAVIT OF SUPPORT: These are sponsors who signed an Affidavit of Support (I-864 or I-864A) 12/18/97 or earlier. The affidavit is not legally enforceable.  Most immigrants initially eligible due to meeting five year requirement will not have a sponsor who has signed a legally binding affidavit of support.

• IMMIGRANTS WITHOUT SPONSORS: This category may include, but is not limited to, refugees, asylees, deportees, Amerasians, and Cuban/Haitian entrants.  These individuals may be "sponsored" by an organization such as a church, but an I-864 Affidavit of Support is not signed.

• BATTERED SPOUSE OR CHILD EXEMPTION: Deeming does not apply during any 12-month period if a battered spouse, battered child or parent, or child of a battered person providing these immigrants live in a separate EU from the individual responsible for the battery.  The exemption can be extended for an additional 12-month period.  Contact Food Stamp Program & Policy for these situations.

• SPONSOR IN SAME FOOD STAMP EU: Deeming does not apply when sponsors live in the same food stamp EU as the sponsored immigrant.  If the sponsor receives food stamps in another EU, then deeming does apply.

• INELIGIBLE MEMBER: If the sponsored immigrant is ineligible for food stamps because of immigration status, do not deem the sponsor's resources or income to other eligible members of the food stamp EU. 

NOTE: If an immigrant is ineligible due to a disqualification, is sanctioned or is an ineligible student, deem the sponsor's income to the immigrant and follow current prorating policy to determine the amount counted for the rest of the EU.
 
• CHILDREN UNDER AGE 18: Deeming does not apply when the sponsored immigrant is under age 18.

• IMMIGRANTS WHOSE DEEMING PERIOD HAS ENDED: The Affidavit of Support remains in effect until the sponsored immigrant either:

• becomes a naturalized citizen;
• can be credited with 40 qualifying quarters;
• is no longer an LPR and leaves the United States permanently; or
• until the sponsor or the sponsored immigrant is deceased.

• INDIGENT EXEMPTION: Consider an immigrant "indigent" if the sum of the EU's own income plus any cash or in-kind assistance provided by the sponsor or others is less than 130% of federal poverty income.  Refer to the Basis of Issuance Tables and look up the Limit Maximum Gross Income for the EU size, or refer to the Simplified Reporting Requirements chart for the EU size.   Each indigent determination is effective for 12 months.  If the immigrant is exempt from deeming due to indigence, the immigrant must be reported to the Attorney General of the US.  The immigrant will face no negative consequence from INS for receiving food stamp benefits.  If the immigrant does not wish to be exempt from deeming due to indigence so s/he won't be reported to the Attorney General, s/he can opt to have the sponsor's income and resources deemed to his EU.  Explain that deeming the income and resources may cause an EU to be eligible for fewer food stamp benefits, or may cause the EU to not be eligible.  If the immigrant chooses to be indigent, notify the Food Stamp Program & Policy Unit and include the names of both the sponsor and the sponsored immigrant.

Verification of Sponsor

For applicants who do not have sponsor documentation with them, submit INS Form G-845, Document Verification Request, and G-845S, Document Verification Request SAVE to your appropriate INS office at the following address:

INS, 9747 North Conant Avenue, Kansas City, MO 64153 or INS, Robert A. Young Federal Bldg., 1222 Spruce St., Room 1100, St. Louis, MO  63103-2815

Attached to this memorandum is a copy of each form.  Keep a file copy.

How to Record Deemed Income/Resources

The deeming calculation is done off-line.

In Legacy counties, record resource information on the IM-102 form for each sponsored immigrant. Record the income as unearned other income. 

In FAMIS, enter the resource on the appropriate resource screen for each sponsored immigrant. Record the income as type UI (unearned income) and source AC (alien sponsor contribution).

Refer to user guide Deeming Immigrant Sponsor Income and Resources for more detailed instructions.

FAMIS Changes for Sponsor Deeming

The Non-Citizen Information screen (FMML) has a secondary screen, Sponsor Information (FM85).  If the immigrant has a sponsor, record the sponsor information on this screen.  Refer to the user guide Adding and Updating Immigrant Sponsor Information for more detailed instructions.  Sponsors will be assigned DCNs if they do not already have one. 

Legacy Cases

There are no programming changes for Legacy.  Record the sponsor information on the IM-102 form.  When the case converts to FAMIS, use the recorded information to enter the sponsor information on the Sponsor Information screen (FM85).

SPONSOR LIABILITY

Sponsors who signed an affidavit of support (I-864 or I-864A) on or after 12/19/1997 may be responsible for food stamp benefits received by immigrants they sponsor unless the immigrant or sponsor meet a liability exception.  The exceptions to sponsor liability are:

• The sponsored immigrant is ineligible for food stamp benefits;
• The sponsored immigrant obtains 40 qualifying quarters of work;
• The sponsor  receives food stamp benefits; and
• The sponsor is deceased.

FAMIS generates a notice to each sponsor who does not meet an exception, to notify him/her of liability for any food stamp benefits the sponsored immigrant receives.  When the case processes overnight, the Informational Notice (FA-601) is generated and mailed to the sponsor.  The FA-601 can be found in DOCQUE the next day. 

Legacy Cases

There are no programming changes for Legacy.  Record the sponsor information on the IM-102 form.  When the case converts to FAMIS, use the recorded information to enter the sponsor information on the Sponsor Information screen (FM85).

Manual Revision/Guides

The Food Stamp Manual is being revised.  It will be available as soon as it is complete. 

A Guide to Immigrant Eligibility - FAMIS and a Guide to Immigrant Eligibility - Legacy (pdf) are developed to assist staff in determining when an immigrant is eligible for food stamp benefits.

• Review this memorandum with all appropriate staff.

Attachments
Key Points To Discuss With Immigrant Applicants (pdf)
Guide to Immigrant Eligibility - FAMIS and a Guide to Immigrant Eligibility - Legacy (pdf)
Distribution #6