MEMORANDUM

DISCUSSION:

The memorandum is to remind staff of the policies on citizenship and immigrant status. Staff must be aware of the differences in policies on citizenship and immigrant statuses, for the programs administered by the Family Support Division, and apply the policies appropriately. Non-citizen information, including the date of entry, and status and verification codes, must be entered correctly on the Non-citizen Information (NONCITZN, FMML) screen in FAMIS. The following sections give information for the programs:

• Food Stamps
• Temporary Assistance
• MO HealthNet

Food Stamps

To be eligible for Food Stamp benefits, an individual must be a resident of the United States and one of the following:

• A United States citizen
• A United States non-citizen National who is born in:
  • District of Columbia (Washington, DC)
  • Puerto Rico
  • Guam
  • U.S. Virgin Islands
  • American Samoa
  • Northern Mariana Islands
• A Cross-border Native American born in Canada
• A Hmong, Laotian Highlander
• An individual who is both a qualified immigrant and an eligible immigrant

MUST MEET ONE ELIGIBLE AND ONE QUALIFIED CRITERIA
QUALIFIED	ELIGIBLE
Lawful permanent resident Sponsored immigrants Paroled Deportation withheld Granted conditional entry Battered Immigrant	Resided in the US with a qualified status for 5 years Disabled Amerasians Deportees Immigrants with a Military Connection Immigrants with 40 Qualifying Quarters Under SSA Immigrants Eligible Under the Trafficking Victims Protection Act of 2000
ELIGIBLE AND QUALIFIED Refugees Asylees Cuban Haitian Immigrants

EXCEPTIONS: Immigrant children under age 18 and disabled adults can receive Food Stamps indefinitely as long as they meet qualified immigrant criteria and the other Food Stamp eligibility criteria. These immigrants do not have to meet the five year waiting period.

An applicant for the Food Stamp Program may declare citizenship or immigrant status. For the Food Stamp Program:

• The applicant's declaration of citizenship is accepted unless questionable.
• If immigrant status is declared, the immigrant status is verified through documentation or online USCIS system (SAVE) interface.

Individuals are not eligible for Food Stamp benefits if they:

• Decline to declare immigrant status
• Do not document immigrant status
• Do not meet immigrant eligibility criteria

Citizenship and immigrant policy for the Food Stamp program can be found in the Food Stamp manual Sections 1102.015.10 Immigrant Eligibility and 1105.010.00 CITIZENSHIP AND IMMIGRANT STATUS through 1105.010.10.50 Iraqi and Afghan Special Immigrants.

Temporary Assistance

To be eligible for Temporary Assistance an individual must be a resident of Missouri and one of the following:

• A United States Citizen
• A Qualified Immigrant

Qualified Immigrants that meet all other TA eligibility criteria are eligible:
After a Five Year waiting period	Immediately without Five Year waiting period
Qualified immigrants that enter the United States after 8/22/96 A lawful permanent resident under the Immigration and Nationality Act (INA), An alien granted parole for at least one year by the BCIS under 212(d)(5) of INA, An alien granted conditional entry under 203(a)(7) of immigration law in effect before April 1, 1980, and A battered immigrant, as defined by P.L. 104-208. EXCEPTIONS to the five-year waiting period: On active duty in the U.S. Armed Forces A veteran A child born in the United States	Any qualified immigrant that entered the United States prior to 8/22/96 A refugee, (207 of INA) An asylee, (208 of INA) An alien who has had deportation or removal withheld under 243(h) of (INA) or 241(b)(3), An alien granted status as a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980), An American Indian born in Canada, if s/he is at least one-half American Indian blood, An Amerasian Immigrant, or Trafficking Victim, as defined by the Trafficking Victims Act of 2000.

An applicant for Temporary Assistance may declare citizenship or immigrant status.
For the Temporary Assistance Program:

• The applicant's declaration of citizenship is accepted unless questionable.
• If immigrant status is declared, the immigrant status is verified through documentation or online USCIS system (SAVE) interface.

Individuals are not eligible for Temporary Assistance benefits if they:

• Decline to declare immigrant status
• Do not document immigrant status
• Do not meet qualified immigrant criteria

Citizenship and immigrant policy for Temporary Assistance can be found in the Temporary Assistance/Case Management Income Maintenance Manual, Sections 0205.040.00 through 0205.040.05.25.

MO HealthNet Programs

To be eligible for MO HealthNet an individual must be a resident of Missouri and one of the following:

• A United States Citizen or national
• A Qualified and Eligible Immigrant

MUST MEET ONE ELIGIBLE AND ONE QUALIFIED CRITERIA
ELIGIBLE	QUALIFIED
Lawful permanent resident Paroled 212(d)(5) of INA Granted conditional entry Battered Immigrant	Resided in the US with a qualified status for five years Immigrants with a Military Connection
ELIGIBLE AND QUALIFIED
Refugee (207 INA) Asylee (208 INA) Amerasian Trafficking Victim Cuban/Haitian Immigrant Deportation withheld 243(h) of (INA) or 241(b)(3) American Indian born in Canada, if s/he is at least ½ American Indian blood

An applicant for MO HealthNet may declare citizenship or immigrant status.
For the MO HealthNet Programs:

• The applicant's citizenship must be verified through documentation.
  • If all other eligibility requirements are met, an individual declaring to be a citizen or national must be approved for Medicaid coverage and provided a reasonable opportunity, defined as 90 days, to present documentation of citizenship. Documentation must be maintained in the case record and must be copies of original documents.
  • If the applicant's statement of citizenship or national status is questionable documentation can be requested prior to placing the individual on coverage.           
  • The following individuals are exempt from having to provide additional documentation of citizenship/identity:
    • Individuals receiving or formerly receiving the following benefits as verified by BENDEX, SDX, IIVE, or other verification from the Social Security Administration
      • SSI,
      • Medicare,
      • Social Security Disability Insurance (SSDI), and
      • Old Age Survivors Disability Insurance (OASDI) benefits based upon their own disability.
    • Children added to MO HealthNet as Newborns, as these children are deemed to have applied for and been found eligible as a result of the mother being an active participant at the time of birth.
• If immigrant status is declared, the immigrant status is verified through documentation or online USCIS system (SAVE) interface.

Individuals are not eligible for MO HealthNet benefits if they:

• Do not provide documentation of citizenship and identity within the 90 day period of reasonable opportunity. After 90 days, send one Request for Information form (FA-325, or IM-31a if case is not in FAMIS) allowing 10 days for the participant to provide. If documentation is not provided authorize adverse action to close the individual or case as appropriate.
  • Verification of identity for children is also a requirement. See IM Memorandum IM-66 of June 23, 2006.
  • Cases with verification of citizenship and identity pending more than 90 days are listed on MOBIUS report FIM3103701CITIZENSHIP & ID PENDING OVER 90 DAYS. Verification of citizenship and identity for the individuals listed on the report must be entered in FAMIS if it has been provided, or action must be taken to request the verification or authorize the adverse action.
• Decline to declare immigrant status
• Do not document immigrant status
• Do not meet immigrant eligibility criteria

  EXCEPTIONS:

  • Blind Pension policy does not provide for a 90 day period of reasonable opportunity to verify citizenship. Do not approve Blind Pension without documentation of citizenship or qualified alien status.
  • Verification of citizenship and/or immigration status is not a requirement for the following programs:
    • Emergency Medical Care for Ineligible Aliens
    • Presumptive Eligibility for MO HealthNet for Pregnant Women (TEMP)
    • Presumptive Eligibility for MO HealthNet for Children

Citizenship and immigrant policy for MO HealthNet programs can be found in the Family Healthcare Income Maintenance manual Sections 0905.010.30 Citizenship And Alien Status (MHF), which is the same requirements for MHK, MPW, UWHS, and BCCT. For MHABD programs based on OAA, PTD, and AB see Section 1010.000.00 CITIZENSHIP AND ALIEN STATUS (OAA, PTD, and AB). Blind Pension requirements are in Section 0505.040.00 Citizenship and Alien Status.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.
• Do not allow a period of reasonable opportunity for Blind Pension applicants. Citizenship or qualified alien status must be verified prior to approval for Blind Pension.

JO