An individual included as a member of the filing unit as a
noncitizen must verify that he or she is present in the U.S. under one of the
eligible noncitizen statuses described in 106 CMR 703.430(A). The status of a
noncitizen included in the assistance unit must be verified at application, at
eligibility reviews or whenever the status of the noncitizen changes or is
questionable. Verification of an eligible noncitizen status must be presented
prior to the determination of TAFDC eligibility for that individual.
When a noncitizen applying for TAFDC indicates an inability or
unwillingness to provide information about, or acceptable verification of,
their noncitizen status that individual shall be ineligible. In such cases, the
Department shall not continue efforts to obtain documentation or ask additional
questions. Likewise, if a noncitizen applying for TAFDC indicates an inability
or unwillingness to provide, or apply for, a Social Security Number due to
immigration status that individual shall be ineligible. The Department shall
not continue efforts to obtain documentation. TAFDC eligibility will be
determined in accordance with
106
CMR 704.330: Circumstances Governed
by Legal Support Obligations for TAFDC for the remaining members of
the assistance unit who can verify an eligible noncitizen status.
The Commissioner or designee is required to report to the U.S.
Citizenship and Immigration Services (USCIS) information about noncitizens
known to be in the U.S. unlawfully. Known to be in the U.S. unlawfully means
that (a) the Department has seen a Final Order of Deportation or other
determination of the USCIS or Executive Office of Immigration Review that the
noncitizen is present unlawfully and (b) the noncitizen has applied for TAFDC
or EAEDC benefits for himself or herself and the Department has determined him
or her ineligible due to unlawful presence.
(A)
Eligible TAFDC Noncitizen
Status. [Note: formerly found at 106 CMR 203.675(A):
Eligible Noncitizen Status]. A noncitizen's eligibility for
TAFDC depends on the section of the Immigration and Nationality Act (INA) under
which the noncitizen is present in the U.S., the date that status was granted,
and the meeting of additional criteria. Eligible noncitizen statuses for TAFDC
are:
(1)
Veterans and Active Duty
Personnel. A noncitizen lawfully residing in the U.S. is an
eligible noncitizen when he or she is:
(a) a
veteran of the U.S. Armed Forces with honorable discharge not related to his or
her noncitizen status;
(b) a person
on active duty in the U.S. Armed Forces, other than active duty for training,
who fulfills the minimum active-duty service requirement of 24 months or the
period for which the person was called to active duty;
(c) a spouse of the veteran or person who
died during active duty if:
1. the spouse has
not remarried; and
2. the couple
was married for at least one year or for any period if a child was born of the
marriage or was born before the marriage;
(d) a spouse or unmarried dependent child of
the veteran or person on active duty described in 106 CMR 703.430(A)(1)(a) or
(b). For purposes of 106 CMR 703.430(A)(1)(d), an unmarried dependent child is
a child who is or could be claimed as a deduction on the veteran's tax return
and who meets the definition of a dependent child as specified in
106 CMR
703.200(B);
(e) a Hmong or other Highland Lao veteran who
fought on behalf of the Armed Forces of the U.S. during the Vietnam conflict
and has been lawfully admitted to the U.S. for permanent residence;
or
(f) a member of the organized
military forces of the Government of the Phillippines while such forces were in
the service of the Armed Forces of the United States pursuant to the military
order dated July 26, 1941, including organized guerrilla forces under
commanders organized by the U.S. Army for service prior to July 1,
1946.
(g) an Iraqi or Afghani with
Special Immigrant status. These individuals and their families are considered
to be Refugees and are Eligible Qualified Noncitizens with no time limit on
benefits or need to meet the five-year bar. They are eligible for TAFDC
benefits from the date the individual or family has been granted Special
Immigrant status.
(2)
Legal Permanent Resident. A noncitizen present in the
U.S. as a legal permanent resident is an eligible noncitizen if one of the
following conditions are met:
(a) The legal
permanent resident status was granted before August 22, 1996;
(b) The legal permanent resident status was
granted on or after August 22, 1996 and five consecutive years have elapsed
from the date the legal permanent resident status was granted;
(c) The legal permanent resident status,
regardless of the date the legal permanent status was granted, was a status
adjustment by USCIS and prior to the status adjustment the noncitizen was:
1. a refugee under the INA, section
207;
2. an asylee under the INA,
Section 208;
3. a noncitizen whose
deportation was being withheld under the INA, 243(h) or 241(b)(3);
4. a Cuban/Haitian entrant of the Refugee
Education Assistance Act of 1980, section 501(e) or under the INA, section
212(d)(5); or
5. an Amerasian
immigrant under the Foreign Operations, Export Financing and Related Programs
Appropriations Act, 1988 section 584; or
(d) The noncitizen, who entered the U.S.
before August 22, 1996, whose legal permanent resident status was granted on or
after August 22, 1996, and who has been continuously present in the U.S. from
the latest date of entry prior to August 22, 1996 until the legal permanent
resident status was granted. Continuous presence is interrupted by a single
absence from the U.S. of more than 30 days or a total of aggregated absences of
more than 90 days.
(3)
Refugee. A noncitizen present in the U.S. as a refugee
under section 207 of the INA is an eligible noncitizen.
(4)
Asylee. A
noncitizen present in the U.S. as an asylee under section 208 of the INA is an
eligible noncitizen.
(5)
Withholding of Deportation Noncitizen. A noncitizen
whose deportation is being withheld under the INA, section 243(h) or 241(b)(3)
is an eligible noncitizen.
(6)
Parolee. A noncitizen present in the U.S. as a parolee
under the INA, section 212(d)(5) is an eligible noncitizen as specified in
703.430(A)(6)(a) through (c):
(a) The parolee
status was granted before 8/22/96 and the noncitizen is being paroled for a
period of at least one year;
(b)
The parolee status is granted on or after August 22, 1996, the noncitizen is
eligible after five consecutive years have elapsed
from the date the parolee status was granted; or
(c) The noncitizen who entered the U.S.
before August 22, 1996, whose parolee status was granted on or after August 22,
1996, and who has been continuously present in the U.S. from the latest date of
entry prior to August 22, 1996 until the parolee status was granted is an
eligible noncitizen. Continuous presence is interrupted by a single absence
from the U.S. of more than 30 days or a total of aggregated absences of more
than 90 days.
(7)
Conditional Entrant. A noncitizen present in the U.S.
as a conditional entrant under the INA, section 203(a)(7) as in effect prior to
April 1, 1980 is an eligible noncitizen as specified in 106 CMR
703.430(A)(7)(a) through (c):
(a) The
conditional entrant status was granted before August 22, 1996;
(b) The conditional entrant status is granted
on or after August 22, 1996, the noncitizen is eligible
after five consecutive years have elapsed from the
date the conditional entrant status was granted; or
(c) The noncitizen who entered the U.S.
before August 22, 1996, whose conditional entrant status was granted on or
after August 22, 1996, and who has been continuously present in the U.S. from
the latest date of entry prior to August 22, 1996 until the conditional entrant
status was granted. Continuous presence is interrupted by a single absence from
the U.S. of more than 30 days or a total of aggregated absences of more than 90
days.
(8)
Battered Noncitizens. A noncitizen who is battered is
an eligible noncitizen when he or she has proof of the battering and meets the
following conditions:
(a) The noncitizen must
have one of the following:
1. a Form I-130
petition filed by his or her spouse or parent;
2. a Form I-130 petition filed as a widow(er)
of a U.S. Citizen;
3. an approved
self-petition under the Violence Against Women Act or a pending self-petition
under the Act with a notice of prima facie determination (including those filed
by a parent); or
4. an application
for cancellation of removal or suspension of deportation filed as a victim of
domestic violence;
(b)
The noncitizen, the noncitizen's child or the noncitizen child's parent has
been abused in the U.S. under any of the circumstances in 106 CMR
703.430(A)(8)(b)1. through 3.:
1. The
noncitizen has been battered or subjected to extreme cruelty in the U.S. by a
spouse or parent of the noncitizen, or by a member of the spouse's or parent's
family residing in the same household, if the spouse or parent consents to or
acquiesces in the battery and cruelty;
2. The noncitizen's child has been battered
or subjected to extreme cruelty in the U.S. by a spouse or parent of the
noncitizen, or by a member of the spouse's or parent's family residing in the
same household if the spouse or parent consents to or acquiesces in the battery
or cruelty, and the noncitizen did not actively participate in the battery or
cruelty; or
3. The parent of a
noncitizen child has been battered or subjected to extreme cruelty in the U.S.
by the parent's spouse, or by a member of the spouse's family residing in the
same household as the parent, if the spouse consents to or acquiesces in such
battery or cruelty;
(c)
There is a substantial connection between the battery or extreme cruelty and
the need for SNAP benefits;
(d) The
battered noncitizen, child, or parent no longer resides in the same household
as the abuser; and
(e) The
noncitizen meets one of the following conditions:
1. has resided as a qualified noncitizen in
the U.S. for five years;
2. was
born on or before August 22, 1931 and was lawfully residing in the U.S. on
August 22, 1996;
3. is a child
younger than 18 years old;
4. is
disabled as defined by
106 CMR
361.210: Elderly or Disabled
Individuals; or
5. is a
veteran or active duty personnel as defined by
106 CMR
362.240(F): Veterans
and Active Duty Personnel.
(9)
Cuban/Haitian
Entrants. A noncitizen present in the U.S. as a Cuban/Haitian
entrant under the Refugee Education Assistance Act of 1980, section 501(e) or
under the INA, section 212(d)(5) is an eligible noncitizen.
(10)
Amerasian. A
noncitizen from Vietnam who is present in the U.S. as an Amerasian immigrant
(as defined in of the Foreign Operations, Export Financing and Related Programs
Appropriations Act, 1988, section 584 is an eligible noncitizen.
(11)
Victims of Severe Forms of
Trafficking. A noncitizen who is present in the U.S. having been
issued a letter of certification by the U.S. Department of Health and Human
Services (HHS) as proof of the victim of severe forms of trafficking status (as
defined in the Trafficking Victims Protection Act of 2000) is an eligible
noncitizen.
(B)
Verification of TAFDC Noncitizen Status. The
noncitizen must give accepable verification of status for each member of the
assistance unit at application or whenever the status of the noncitizen changes
or is questionable. Acceptable verification includes:
(1) A Permanent Resident Alien Card or Alien
Registration Recipt Card (I-551, I-151);
(2) An Arrival/Departure Document (I-94), or
a stamp or attached document in a foreign passport;
(3) An unexpired Reentry Permit (I-327), a
Refugee Travel Document (I-571);
(4) An Employment Authorization Document,
Temporary Resident Card or other work authorization issued by USCIS (I-688,
I-688 B and I-766);
(5) Written or
electronic documentation from the USCIS, a court, the Board of Immigration
Appeals, a foreign Passport, a foreign Exit Visa or other official document
that indicates the noncitizen has applied for or been granted a status
described in 106 CMR 703.430(A);
(6) A receipt or other documentation from
USCIS that the noncitizen has applied for replacement of documents;
(7) An affidavit, signed under the pains and
penalty of perjury, of an attorney that he or she has personal knowledge that
the noncitizen has filed a specific application with USCIS or that the
noncitizen has a specific pending request with USCIS;
(8) Documentation of continuous residence in
the U.S. which commenced prior to January 1, 1972, including but not limited to
rent receipts, library cards, bank statements, insurance policies, church
membership or an affidavit of a third person;
(9) A letter of certification issued by the
U.S. Department of Health and Human Services (HHS) stating the non-citizen was
a victim of a severe form of trafficking; and
(10) Confirmation of the noncitizen's
immigration status through a Systemic Alien Verification for Entitlements
(SAVE) program check.
(C)
Ineligible TAFDC Noncitizen Status. An individual
present in the United States under conditions or sections of the Immigration
and Nationality Act (INA) not in accordance with Department regulations is
ineligible for TAFDC.
