MEMORANDUM

DISCUSSION:

Effective March 11, 2009, Section 602 of Public Law 111-08 establishes that Afghan special immigrants admitted under section 101(a)(27) of the Immigration and Nationality Act (INA) are now eligible for eight months of benefits and services from the date special immigrant status is granted. This change applies to Afghan special immigrants who are currently eligible and to new applicants. The increase from six to eight months of eligibility for Afghan special immigrants now matches the eight-month eligibility period for Iraqi special immigrants during which the five year bar is lifted.

This law does not apply to any Afghan special immigrant whose six month exemption period ended prior to March 11, 2009; however, the law does apply if they are still within the six month exemption period as of March 11, 2009. These special immigrants may continue to be treated as refugees for the time remaining, not to exceed eight months.

Example: An Afghan individual and his family were admitted to the U.S. as special immigrants on October 2, 2008. They applied for assistance on December 2, 2008. The six month exemption period began on October 2, 2008. Prior to this new law the family could receive assistance through March, 2009. With the new law the family is now eligible for benefits through May, 2009.

The eligibility determination includes confirmation of the individual's status and date of entry through appropriate documentation. The revised Documentation for Special Immigrants chart is available on the FSD Intranet.

Continue to use Memorandum IM-#112 12/29/08 for instructions on how to enter special immigrant information in FAMIS. Instructions per IM-112 are to set a reminder for the 2nd working day of the last month of special immigrant status to allow time for an adverse action to expire before the end of the special eligibility period. Extend the reminder by two months for all Afghan special immigrant active cases.

Manual Section Updates

Income Maintenance Manual sections 0205.040.05.17, 0205.040.05.17.15, 0905.010.30.15.05, and 0905.010.30.15.20 and Food Stamp Manual section 1105.010.10.50 have been updated to include this information.

NECESSARY ACTION:

• Review this memorandum with all appropriate staff immediately.

AR/KSO/ER