The CAO must verify the eligible status of non-citizens. 7 CFR § 273.2(f)(1)(ii)
The Qualified Non-citizen - SNAP Eligibility Chart in Appendix A 2 lists the categories of legally admitted non-citizens who may qualify for benefits. It also lists SNAP eligibility criteria. 7 CFR § 273.4(a)
Appendix A 1 lists acceptable USCIS documents and the provision of law that must appear on each document. Samples of USCIS documents are in Appendix B
Non-citizens other than those described in Appendix A 2 may not receive benefits. See 522.34, Ineligible Non-Citizens.
Each non-citizen registered with the USCIS gets a registration number. USCIS needs this number, also called the Alien Number, A-number or file number. The CAO records the number in the case record.
A non-citizen is ineligible for SNAP benefits until he or she provides acceptable verification of immigration status unless:
The CAO has forwarded a copy of a document to USCIS for verification. The CAO may not deny, delay, reduce or close benefits pending verification of immigration status.
The non-citizen provides documentation that SSA is investigating whether it can credit the person with more quarters of work coverage. The non-citizen may receive SNAP benefits for up to six months during the investigation or until the date it is determined that the person did not have enough work quarters of coverage, whichever happens first.
The non-citizen or the CAO requested verification of information on immigration status from a Federal agency other than the USCIS. The non-citizen may receive SNAP benefits for up to six months from the date of the first request for verification.
The CAO must verify the immigration status of each non-citizen and put a copy (both front and back) of the document in the case record. USCIS documentation is preferable but it is okay to accept other proof such as a court order. The CAO must also verify the validity of documents presented through the Systematic Alien Verification for Entitlements (SAVE) Program. See the Supplemental Handbook, Chapter 740, SAVE Procedures. 7 CFR § 273.2(f)(1)(ii)(A)
Do not reject an application when documentation is questionable and the only unverified eligibility factor is immigration status. Hold the application until SAVE documentation is received.
Victims of trafficking do not have to provide documentation of immigration status. The CAO must:
1. Accept the certification letter or letter for children in place of USCIS documentation. Do not use the SAVE system to verify eligibility for SNAP.
2. Place a photocopy of the original certification letter or letter for children in the case record. Return the original to the applicant.
3. Note the entry date. The entry date is the certification date.
4. If the certification letter is questionable or the person does not have one, call the Trafficking Victim Verification Line at 1-866-401-5510.
The CAO does not need to verify battering if the non-citizen battered spouse is a veteran or current member of the U.S. Armed Forces
When verifying battering of a spouse or child, one type or source of verification is acceptable. If a battered victim shelter verifies the battering either through collateral contact or in writing, no further verification is required.
The noncitizen member is not eligible until he or she proves eligible USCIS status. The noncitizen's resources and a prorated share of any of his or her income are considered available to any remaining household members. See Chapter 555, Deeming Income and Resources. 7 CFR § 273.2(f)(1)(ii)(B)
The CAO must inform the local USCIS whenever the CAO verifies that a SNAP household member is ineligible because he or she is in violation of the INA. 7 CFR § 273.4(b)(1)
To encourage SNAP participation by households with non-citizens, FNS has interpreted verification narrowly.
The CAO may verify a non-citizen is illegally present in the U.S. only when a decision is a finding of fact or conclusion of law supported the USCIS or the Executive Office for Immigration Review (EOIR). For example, a final order of deportation is conclusive verification supported by FNS and EOIR.
The CAO may not contact the USCIS to verify immigration status: 7 CFR § 273.2(f)(1)(ii)
When an applicant has not provided documentary evidence of unlawful presence.
If the person is not a member of the SNAP household.
If an identified non-citizen does not have a USCIS document or has a document that does not clearly show non-citizen status unless the non-citizen gives written consent. If the non-citizen does not give consent, the CAO must allow the household to withdraw its application or apply for SNAP benefits without that member.
The CAO must take the following steps to verify quarters of work: 7 CFR § 273.2(f)(1)(ii)
1. Require the non-citizen to show a USCIS card that documents entry date into the U.S. and the condition under which admitted. Military I.D. for active duty or a DD214 for veterans may also be required.
2. Ask the applicant for the full name, SSN, date of birth, and sex of each individual (self, parent, spouse) whose work history is relevant.
3. Have each individual, other than the applicant, sign a Consent for Release of Information (Form SSA- 3288) giving the Social Security Administration (SSA) permission to release information to the CAO through IEVS (See Appendix D).
When the CAO cannot get Form SSA-3288 from a person other than the applicant whose quarters of coverage are needed to meet the 40 qualifying quarters exception, the CAO must complete and mail an SSA-513 (Request for Quarters of Coverage History Based on Relationship) to the address provided. (See Appendix G)
If the parent or spouse who earned the qualifying quarters has moved out of State, the CAO must send a form and request a signature. The CAO must get the signed form back before authorizing benefits.
If the parent or spouse who earned the qualifying quarters is dead, the CAO must include as much information as can be recalled and mark "deceased" in the signature area of the form.
In cases of domestic violence, the CAO may make a good cause determination on a case-by-case basis. A consent form is not needed for a battered spouse if there is proof of abuse. Examples of proof include:
Protection from abuse orders.
Restraining orders
Medical records.
Police reports.
Statements from battered women’s shelters.
4. Require additional verification, such as a W-2 form, income tax return, or pay statement, if SSA information indicates a lag in the number of quarters worked. Wage information provided yearly to the SSA by employers may not be in the SSA system yet. The application may be pended, meaning no decision yet, or denied for the application month depending on whether verification arrives within normal reporting time frames for SNAP households.
Qualifying quarters of coverage may be considered for: 7 CFR § 273.4(a)(6)(H)(ii)(A)
A non-citizen.
A non-citizen's natural parents, unless the child has been adopted. For parental relationships, consider only quarters earned through the calendar quarter during which the non-citizen turns age 18, including qualifying quarters earned by a parent before a child’s birth.
A non-citizen's adoptive parents.
A non-citizen’s stepparent provided the step relationship still exists. If the marital relationship ends other than through death, the step relationship ends.
A non-citizen's current spouse, including common-law marriages contracted before January 1, 2005. For spousal relationships, consider only quarters earned during the marriage.
A non-citizen's former spouse(s) if the marriage ended when the spouse died.
Do not consider any quarter after December 31, 1996 during which a non-citizen, parent or spouse received a Federal means-tested benefit (such as SSI) as a qualifying quarter of coverage.
If applicable, credit a non-citizen with qualifying quarters from a combination of spouse and/or parents.
Release information provided by SSA to the non-citizen if requested.
If the SSA reports that a non-citizen has less than 40 qualifying quarters of coverage but the non-citizen believes he or she should be credited with additional unreported earnings, the CAO must refer the non-citizen to the SSA for an investigation to establish those earnings. 7 CFR § 273.2(f)(1)(ii)
SSA issues Form SSA-5058 PC (See Appendix F) with the non-citizen's name, address and date issued to document the investigation. The CAO must file this form in the case record. The non-citizen may get benefits for up to six months during the investigation.
SSA does not provide qualifying quarters information on income earned in a foreign country. The U.S. has international agreements under which workers may qualify for partial U.S. social security benefits based on combined work credits. See Appendix E for a list of countries and effective dates of their agreements.
When the non-citizen or person whose qualifying quarters of coverage are being credited to the non-citizen disagrees with the SSA inquiry results, the disagreement must be resolved. 7 CFR § 273.2(f)(1)(ii)
If the person believes the work performed was in covered or reported employment and the earnings do not fall in a lag quarter, SSA is responsible for investigating the discrepancy and correcting the record.
NOTE: A lag quarter is a quarter in the current year or the year before. These quarters may not show up in credit history because SSA has not processed them yet. Non-lag quarters are quarters before the current year or the year before the current year.
If Code # or Z appears in a quarter and the applicant does not meet the 40 qualifying quarters of coverage without the quarter, contact SSA as follows:
1. If the discrepancy is due to multiple SSNs or others using the person’s SSN, refer the person to the local SSA office or have them call 1-800-772-1213 for an appointment. Give the non-citizen a copy of the SSA report of qualifying quarters of coverage. Tell him or her to take the report and proof of earnings to the SSA appointment.
Give the non-citizen a copy of the SSA report of qualifying quarters of coverage. Tell them to take the report and proof of earnings to the SSA appointment.
2. If the discrepancy in the SSA report is Code Z for 1978 or later, tell the applicant whose SSN is involved to ask for a correction of earnings using Form SSA-7008 (Request for Correction of Earnings Record). A separate form is needed if there are multiple SSNs that need investigated.
Attach proof of earnings such as:
W-2s.
pay stubs.
tax returns.
statement from the employer.
Write “welfare reform” on the top of Form SSA-7008. If the applicant is not the number holder, tell the applicant that the number holder must complete Form SSA-7008 and attach proof of earnings.
Mail the request along with the necessary documentation to:
SSA, OCRO
P.O. Box 33016
Baltimore, Maryland 21290-3016
If documentation is not available, the applicant should contact a local SSA office or call 1-800-772-1213 to make an appointment.
3. If the discrepancy is Code Z for 1977 or earlier or a # sign anywhere in the SSA report, have the non-citizen SSN holder complete Form SSA-512, Request to Resolve Questionable Quarters of Coverage (See Appendix I). Complete the form with the following information:
Name.
Social security number.
Date of birth.
Year(s) in question.
CAO return address.
Copy of the Output from the System Inquiry along with proof of earnings such as W-2s, pay stubs, tax returns or employer statements.
If the non-citizen is not the number holder, tell the non-citizen that the number holder must complete Form SSA-512 and provide proof of earnings.
Mail Form SSA-512 and accompanying documentation to:
SSA OCRO
If documentation is not available, refer the number holder to the local SSA Office or have them call 1-800-772-1213.
Make a second SSA qualifying quarters of coverage inquiry 45 days after the original request if follow-up is necessary. If Code Z is overlaid with an N or C, the entry was updated. If the pattern is not updated after 60 days, call the SSA-OCRO Earnings Discrepancy Division at 1-800-775-7802
Reissued March 1, 2012 replacing March 29, 2008