Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, only U.S. citizens, U.S. noncitizen nationals, and "qualified noncitizens" may be eligible for cash assistance.
Under PRWORA, a qualified noncitizen is one of the following:
A noncitizen lawfully admitted for permanent residence under the Immigration and Nationality Act (INA)
A refugee admitted to the U.S. under section 207 of the INA.
A noncitizen paroled into the U.S. under section 212(d)(5) of the INA for at least one year.
A noncitizen whose deportation is being withheld under section 243(h) of the INA as in effect before April 1, 1997, or whose removal is being withheld under section 241(b)(3) of the INA.
A noncitizen granted conditional entry pursuant to section 203(a)(7) of the INA as in effect before April 1, 1980
A noncitizen who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980
A noncitizen who (or whose child or parent) has been battered or subjected to extreme cruelty in the U.S. and who otherwise meets the requirements of section 431 of the Act, as amended by section 501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and sections 5571–72 and 5581 of the Balanced Budget Act of 1997
A noncitizen who is a Company of Free Association (COFA) migrant from the Republic of the Marshall Islands (RMI), the Federated States of Micronesia (FSM), and the Republic of Palau under amendments to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193
The CAO must determine a noncitizen’s date of entry (DOE) into the U.S as follows:
If the DOE is greater than 5 years and all other eligibility requirements are met, the qualified noncitizen is eligible for TANF. If the DOE is less than 5 years, the noncitizen is not eligible for TANF unless they are a qualified noncitizen and may or may not be exempt from the 5-year bar dependent on their immigration status.
The noncitizen status chart in Appendix A lists the categories of lawfully admitted noncitizens who may qualify for benefits. It also lists the United States Citizenship and Immigration Services (USCIS) provision number that indicates eligibility. The INA provision number may appear on the noncitizen’s USCIS document. There are samples of USCIS documents in Appendix C. The non-citizens listed below may qualify for TANF if other eligibility requirements are met:
Refugees admitted to the U.S. under Section 207 of the INA (see SH 730) may have eligibility for TANF benefits if all other criteria is met. Refugees usually change to lawful permanent resident status after 12 months in the U.S., but for eligibility purposes they are still considered refugees.
Cuban or Haitian entrants (CHE).
Noncitizens granted asylum under § 208 of the INA (see Supplemental Handbook, Chapter 730)
Victims of a severe form of trafficking under § 107(b)(1) of the Trafficking Victims Protection Act of 2000 (TVPA), Public Law 106-386 and applicants for a victim of trafficking visa (See Supplemental Handbook, Chapter 730).
Noncitizens other than those described in Appendix A are not eligible for TANF. These include undocumented noncitizens, visitors, tourists, diplomats, temporary residents authorized for employment, and students who enter the U.S. temporarily with no intention of abandoning residence in their own country.
122.31 Qualified Noncitizens Subject to the Five-Year Bar
Most noncitizens who are subject to the five-year bar for TANF are also subject to sponsor deeming requirements.
The CAO must use program status code (PSC) 04 with C and U categories if a qualified noncitizen in the budget group is ineligible for federally funded benefits because of the five-year bar. The budget group must meet all TANF eligibility criteria, including work and child support requirements. The budget group is eligible for special needs allowances and supportive services, including childcare. If any one member in the TANF budget group meets the following criteria the entire budget group is PSC 04.
Is a qualified noncitizen.
Meets all eligibility criteria for TANF.
Has a date of entry in the U.S. after August 22, 1996.
Does not meet one of the 5-year bar exemptions.
Has not lived in the U.S. continuously for five years, beginning from the date of entry.
NOTE: If all noncitizen members of the TANF budget have lived in the U.S. for more than 5 years, the CAO must not use PSC 04.
122.32 Qualified Noncitizens Exempt from the Five-Year Bar
The following qualified noncitizens are exempt from (or not subject to) the five-year bar and may receive TANF, if all other conditions of eligibility are met:
Refugees.
Asylees.
Qualified noncitizens lawfully residing in any state who are honorably discharged veterans, or who are on active duty in the U.S. Armed Forces, or who are the spouse, unmarried dependent child, or unmarried surviving spouse of such a veteran or active service member.
Cuban/Haitian entrants, as defined in Section 501 (e) of the Refugee Education Assistance Act of 1980.
Amerasian immigrants admitted to the U.S. pursuant to Section 584 of the Foreign Operation, Export Financing, and Related Programs Appropriation Act of 1988.
Victims of trafficking, under the Trafficking Victims Protection Act of 2000, Public Law 106.386.
Noncitizens whose deportation is being withheld.
Legal Permanent Residents (LPRs) who first entered the country under another exempt category (i.e., as a Refugee, Asylee, Cuban or Haitian Entrant, trafficking victim or noncitizen whose deportation was withheld) and who later converted to LPR status.
Members of a Federally recognized Indian tribe, as defined in 25 U.S.C. 450b(e) as “any Indian tribe, band, nation or other organized group or community, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act”.
Native Americans born in Canada to whom Section 289 of the Immigration and Naturalization Act applies, who are at least 50 percent Native American blood.
Iraqi and Afghani immigrants granted special immigrant status through Section 525 of Title V of Division G of the Consolidated Appropriations Act of 2008 (Public Law 110-161) and Section 1244 (g) of the National Defense Authorization Act (NDAA 2008) (Public Law 110-191). This group will either enter the U.S. as lawful permanent residents with special immigrant visas or will adjust to special immigrant status after entering the U.S. under another immigration status such as asylee or parolee. Iraqi and Afghani special immigrants may receive Federally funded benefits and entitlements to the same extent and for the same period as refugees. Special Immigrant documentation for this group may include (see Appendix A).
Iraqi or Afghan passport with an Immigrant Visa stamp SI1, SI2, SI3, SQ1, SQ2 or SQ3 and a Department of Homeland Security (DHS) notation on the passport or I-94 showing date of entry.
DHS Form I-551 (“green card”) showing Iraqi or Afghan nationality and stamped SI6, SQ6, SI7, SQ7, SI9 or SQ9.
Compacts of Free Association (COFA) migrants born in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau with the signing of the Consolidated Appropriations Act of 2024, (Public Law 118-42).
To establish noncitizen status, a noncitizen applicant must present to the CAO an original unexpired document from the USCIS indicating the noncitizen is lawfully residing in the U.S. The CAO must scan and attach this document, front and back, to the imaging repository and keep the copy permanently in the case record. Each noncitizen registered with the USCIS is assigned an alien registration number (A number), which should appear on the USCIS document. The A number is needed by USCIS to verify noncitizen status. The CAO must get the A number from the noncitizen's USCIS document and enter it in the case record.
NOTE: A noncitizen who is the payment name only and not a member of the budget group is not required to provide documentation of their noncitizen status.
Noncitizens are required by law to always have immigration documents in their possession. If a noncitizen's USCIS document has an expiration date, proper alerts should be maintained for the CAO to request that the noncitizen provide updated valid USCIS documentation.
The CAO must refer noncitizens without documentation or with an expired USCIS document to their local USCIS office. The CAO may accept a receipt from USCIS that a petition has been filed but not yet adjudicated.
See Appendix A for a list of acceptable USCIS documentation.
The CAO must verify the lawful noncitizen status of each applicant identified as a noncitizen through the Systematic Alien Verification for Entitlements (SAVE) program. See Supplemental Handbook, Chapter 740.
If the USCIS indicates on a Document Verification Request form that the verification has expired, the CAO must ask the person if they have documentation verifying parolee status before taking adverse action.
Once noncitizen status is verified through SAVE, reverification is not necessary unless:
Verification previously obtained is questionable.
The noncitizen's status is subject to change.
NOTE: Examples of when a noncitizen status is subject to change includes, but is not limited to: the initial SAVE indicated a pending application (i.e. for asylum, TPS, etc.) which may have since been denied or approved by USCIS, the individual’s parole period has expired, the individual left and returned to the country, the individual has new criminal history which may have altered their status, the individual has married since their last status, an LPR has met the waiting period to apply for citizenship. Noncitizen status should be reviewed at reapplication and a new SAVE initiated if client indicates there has been a change.
Neither the ASVI printout nor the USCIS Document Verification Request form indicating legal noncitizen status is in the case record.
NOTE: An ASVI verification number alone is not enough evidence that noncitizen status was verified through SAVE. Only a satisfactorily completed primary verification printout or secondary verification form is acceptable proof of SAVE verification.
If the noncitizen documentation and the SAVE status are not in agreement, the documentation that is provided by the client should be reviewed for eligibility.
SAVE is only to be completed a second time when the immigration status has been reported to change by the client. The CAO will not delay authorization of benefits pending an updated SAVE. See SH 740.1 for additional information when a second SAVE may be needed.
The CAO must upload and attach immigration documents through SAVE for secondary verification requests to obtain a response from USCIS.
There is no need to upload and attach the G-845S with the immigration documentation. The CAOs must stop mailing the G-845S and immigration documentation to USCIS.
Documents may be uploaded and attached to a SAVE request if:
User initiates second step verification.
User initiates third step verification.
System initiates third step verification.
The CAO must not delay, deny, or reduce benefits pending verification of noncitizen status. Benefits may be delayed, denied, or reduced if a noncitizen does not provide satisfactory USCIS documentation in a timely manner. See Chapter 178.
NOTE: There will be a delay if the authorization goes beyond the standard eligibility determination processing time frame of 30 days.
The CAO does not have the responsibility to report undocumented or illegal noncitizens to USCIS unless a final order of removal issued by an immigration judge is submitted by the applicant to the CAO.
122.35 Qualified Noncitizen Enumeration Process
Non-citizens who have never applied for an SSN will be assisted by the CAO in applying for an SSN. The CAO will complete the PA 1564 with the individual and assist them with completing the SS-5 Application for a Social Security Card. The SS-5 fillable form can be found on-line, printed, and provided to the non-citizen.
The CAO will consider the verification requirement of application for an SSN met with any of the following documents:
PA 1564 completed and signed by SSA.
SSA-5028 - Receipt for Application for an SSN.
SSA-5029 - Receipt for Application for a Non-Work SSN.
USCIS I-485 - Application to Register Permanent Residence with items 16 and 17 completed. The application is the precursor to issuing the I-551.
USCIS I-551 - Lawful Permanent Resident card.
USCIS I-765 - Application for Employment Authorization Document (EAD) with items 14 and 15 completed. The application is the precursor to issuing the I-766.
USCIS I-766 - EAD card.
SAVE return showing non-citizen has EAD.
Collateral contact with a refugee’s public or private sponsor in person, through the mail, or by telephone who can be expected to give reliable information and attests they assisted with the application for an SSN. The CAO must make a collateral contact when the CAO decides that they must make a quick decision to avoid unnecessary hardship for the individual. See CAH 178.4, SNAP 578.5 and MAEH 378.4. Narrate the collateral contact information in the case record.
Note: For more information, see SH 740.
Verification of application for an SSN needs to be established before TANF, SBP or SSP-Only benefits are authorized for any individual who does not have an SSN. An SSN must be provided for ongoing TANF benefits to continue beyond 120 days.
Updated September 27, 2024, replacing September 18, 2012,