Summary of Changes

The policy that deals with citizenship in the Food Stamp Program has been reorganized. The policy sections have been renumbered and renamed as follows:

The following policy has changes as described below:

1. [FSC 1621]- Information about qualified alien status has been moved to [FSC 1621.1], and information about lawfully admitted aliens has been moved to [FSC 1621.3]. A statement has been added to clarify which aliens are allowed to participate in the Food Stamp Program.
2. [FSC 1621.1]- This section now provides an explanation of qualified aliens.
3. [FSC 1621.1.1]- This is a new section. It provides a definition of a battered alien and explains which battered aliens may receive food stamp benefits if otherwise eligible.
4. [FSC 1621.2]- This section now explains which qualified aliens may receive food stamp benefits for up to seven years from their date of entry into the country if otherwise eligible.
5. [FSC 1621.3] - There are three changes:

• This section now explains which aliens may receive food stamp benefits indefinitely if otherwise eligible.
• There is a new category of aliens who may receive food stamps indefinitely - those who have lived in the U.S. as a qualified alien for five years or longer.
• The explanation of aliens who are considered to be lawfully residing in the United States has been moved to item 7 of this section. Item 7 explains the provisions for members of Hmong or Highland Loatian tribes who wish to receive food stamp benefits. (These individuals must be lawfully residing in the United States but do not need to be classified as qualified aliens.)

6. [FSC 1621.3.1]- This is a new section. It provides instructions for determining if an alien has had qualified alien status for five years.
7. [FSC 1621.3.2]- This section now provides information about determining if an alien has 40 qualifying quarters of SSA coverage.
8. [FSC 1621.3.2]- This section now provides instructions for determining if a qualified alien has a military connection.
9. [FSC 1621.4]- This section now provides information about the documentation an alien must furnish. Some of the information has been updated. The addresses of the two INS offices that serve Arkansas have been moved to this section.

10. [FSC 1621.5.3] - The address to which requests for secondary verification should be submitted has been corrected.

11. [FSC 1621.7]- This section contains additional information about which aliens may have a sponsor and when the sponsor's income must be deemed. There is also new information about verifying sponsorship.

12. [FSC 1621.7.4]- The examples of income and resource deeming have been updated.
13. [FSC 1621.8]- This is a new section. It contains a chart that summarizes alien eligibility.

SPECIAL IMPLEMENTATION INSTRUCTIONS

The Farm Security and Rural Investment Act of 2002, commonly referred to as the 2002 Farm Bill, restores food stamp eligibility to many aliens who have lived in the United States as a qualified alien for at least five years. This provision is effective April 1, 2003.

See notice attached to this transmittal. This notice will be mailed to all households with members coded as ineligible aliens.

Households consisting entirely of members who will become eligible under these provisions may apply any time during the month of March. If the household is otherwise eligible, the application will be approved

If a household where some (but not all members) are classified as ineligible aliens under the current policy submits an initial application in March, the worker will establish or re-establish the ineligible alien’s current eligibility based on the new policy. If the alien will become eligible in April 2003, the application will not be delayed solely to add the alien as an eligible household member. Instead a variable budget will be keyed with the alien included as an eligible household member effective April 2003.

If a household with a member who is classified as an ineligible alien under the current policy submits a timely or untimely application for recertification in March 2003, the worker will establish or re-establish the ineligible alien’s current eligibility based on the new policy. If the alien has become eligible to participate in the Food Stamp Program, his or her status will be changed to eligible household member when the application for recertification is processed.

Any alien who does not supply the information required to establish eligible alien status will continue to be classified as an ineligible alien.

If a household with a member who is classified as an ineligible alien under the current policy submits a quarterly report in March for the report month of April, the worker will establish or re-establish the ineligible alien’s current eligibility based on the new policy when the QR is processed. If the alien has become eligible to participate in the Food Stamp Program, his or her status will be changed to eligible household member when the quarterly report is processed.

If a quarterly report submitted for the report month of March is being reinstated in April, the reinstatement action will not be delayed solely for the purpose of determining if an ineligible household member will become eligible under the new rules. Instead, if there is a household member who is an ineligible alien, the worker will advise the household of the new rule using the procedures in [FSC 12440]. (The worker will send the household a copy of the notice attached to this directive.) If the household provides the information needed to determine that the alien has become eligible to participate in the Food Stamp Program, the alien will be added as an eligible household member.

Any alien who does not supply the information required to establish eligible alien status will continue to be classified as an ineligible alien.

If a household with a member who is classified as an ineligible alien under the current policy submits a midpoint review in March for the report month of April, the worker will establish or re-establish the ineligible alien’s current eligibility based on the new policy when the midpoint review is processed. If the alien has become eligible to participate in the Food Stamp Program, his or her status will be changed to eligible household member as the midpoint review is processed.

Any alien who does not supply the information required to establish eligible alien status will continue to be classified as an ineligible alien.

Reported Changes

If a household with a member who is classified as an ineligible alien reports a change in the household's circumstances during the month of March, the worker will establish or re-establish the ineligible alien’s current eligibility based on the new policy. If necessary, the worker will issue a request for contact to obtain the documentation needed to assess the alien's status as a qualified alien.

Any alien who does not supply the information required to establish eligible alien status will continue to be classified as an ineligible alien.

If a household contacts the county office in writing, by telephone, by electronic transmission, or in person to request that a household member be added to a food stamp case, the county will act on this request. If the documentation needed to determine the alien's status is provided with the request, the alien will be added to the food stamp case within 10 days of the date of the request. If additional documentation is needed to determine the alien's status, a request for contact will be issued to the household as instructed in [FSC 12400]. The alien will not be added to the food stamp case until the documentation is provided.

Inquiries to: Betty Helmbeck, Food Stamp Section, 501-682-8284

Betty.Helmbeck@mail.state.ar.us

NOTICE

Our records show that someone in your food stamp household is classified as an inelgible alien.

Under the 2002 Farm Bill, qualified aliens who have lived in the United States for five years or longer may be able to get food stamp benefits beginning in April 2003. (Your household must still meet income and resource guidelines.)

See the Chart below for a description of a qualified alien.

A qualified alien's five year waiting period began on the date he or she gained status as a qualified alien according to Immigration and Naturalization Service records.

Contact your local DHS county office if you want the county office to determine if this person may now begin getting food stamp benefits.