Appendix D: Eligibility of Iraqi and Afghan Special Immigrants

Section 101(a)(27) of the Immigration and Nationality Act (INA) granted Iraqi and Afghan noncitizens special immigration status. Persons and family members granted these special statuses are legal, permanent residents and qualified noncitizens. Section 525 of Title V of Division G of the Consolidated Appropriations Act of 2008 (Public Law 110-161), signed into law December 26, 2007, and Section 1244 (g) of the National Defense Authorization Act for Fiscal Year 2008 (NDAA 2008) (Public Law 110-181), signed into law on January 28, 2008, granted these individuals assistance and entitlement programs the same as refugees admitted under Section 207 of the INA, except that these benefits are time limited. The eligibility time limit for Afghans was extended from six months to eight months through the Omnibus Appropriations Act of 2009, Division F, Title VI, Afghan Allies Protection Act of 2009, signed into law February 25, 2009. On December 19, 2009, Iraqi and Afghan immigrants granted special immigration status became eligible to receive benefits and services to the same extent as refugees. This change was enacted according to Section 8120 of Public Law Number 111-118, in the Department of Defense Appropriations Act of 2010.  The special immigration status temporarily exempts these individuals from the five-year ban on receipt of TANF outlined in OPS000901.

Effective December 26, 2007, Iraqis and Afghans granted this special immigration status may be eligible for cash benefits. In addition, the person's spouse and unmarried children under 21 years of age who are granted this special immigration status and who accompany the person or follow later to join the person may be eligible for cash benefits.

Once it is determined that the applicant or his family meets the special immigrant status, eligibility for the benefit is determined on the basis of established nonfinancial, income, and resource criteria. For instance, a family applying for Cash Assistance is reviewed for TANF if the family includes a TANF child and meets the applicable income and resource limits.

Iraqi and Afghan immigrants are eligible for Cash Assistance under this special status for a period of eight months, starting with the date of entry under special immigration status or the date their immigration status was changed to the special immigration status.

For Cash Assistance, the eight-month period of eligibility is calculated by number of eligibility periods (pay periods). For an eight-month period of eligibility, there is a maximum of 16 consecutive semimonthly payment dates.

Both Iraqi and Afghan special immigrants will either enter the U.S. as lawful permanent residents with the special immigrant visa or will adjust to special immigrant status after entering the U.S. under another immigration status, such as an asylee or parolee.

The following documents will confirm both status and date of entry for Iraqi and Afghan special immigrants for all programs:

The CAO must authorize TANF if the family meets all program requirements using program status code (PSC) 00. The CAO must set an alert to change the PSC from 00 to 04 (TANF alien subject to 5-year bar) for the second payment date of the eighth month. No special notices are needed.

The CAO must determine eligibility under this special status for TANF.

Examples:

•  An Afghan man, his wife, and his two minor children are admitted to the U.S. as special immigrants on February 14, 2011. The family applies for Cash Assistance in April 2011. The eight-month exemption period begins February 14, 2011. The family meets all program requirements. TANF with PSC 00 is authorized until September 2011. The PSC is changed to 04 for the second payment date in September.

• An Iraqi family enters the U.S. as aliens paroled into the country in December 2010. On January 15, 2011, their status is adjusted to special immigrant. The family applies for Cash Assistance on January 28, 2011. They meet program requirements and TANF is authorized with PSC 00 until August 2011. In August, the PSC 00 is changed to 04.

Time Limit for Benefits

For Afghan immigrants, eligibility for benefits remains in effect until the Food and Nutrition Service advises that the provision of the appropriation expires.  For Iraqi immigrants, the policy is effective for five Federal Fiscal Years (FFY), (FFY 2008 through FFY 2012, which ends September 30, 2012

Notices

Upon authorizing cash benefits, the CAO must send a manual Notice to Applicant explaining the reason that Cash Assistance benefits are limited.

For TANF budgets being transferred to category PSC 04, no special notice is required.

For other closings, a Confirming Notice must be sent explaining the reason for the closing. The CAO must enter reason code 803 with a 0 option code. Suggested wording for the notice is as follows:

Reissued February 21, 2014, replacing September 18, 2012