Citizenship and Alien Status - Immigrant Eligibility Restrictions for Federally Funded Benefits through the Washington Basic Food Program
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Citizenship and Alien Status - Immigrant Eligibility Restrictions for Federally Funded Benefits through the Washington Basic Food Program

Revised April 2, 2008

Purpose: This section describes which immigrants are eligible for federally funded benefits through the Washington Basic Food Program.
WAC 388-424-0020How does my alien status impact my eligibility for the federally-funded Washington Basic Food Program benefits?

WAC 388-424-0020

WAC 388-424-0020

Effective September 1, 2004

WAC 388-424-0020 How does my alien status impact my eligibility for the federally-funded Washington Basic Food Program benefits?

  1. If you are a U.S. citizen or U.S. national as defined in WAC:388-424-0001 and meet all other eligibility requirements, you may receive federal Basic Food benefits.

  2. If you are not a U.S. citizen or U.S. national, you must fall within (a),  (b), (c) or (d) of this subsection, and meet all other eligibility requirements, in order to receive federal Basic Food benefits: 

    1. You are a member of one of the following groups of “qualified aliens” or similarly defined lawful immigrants as defined in 388-424-0001:

      1. Amerasian;

      2. Asylee;

      3. Cuban or Haitian entrant;

      4. Deportation or removal withheld;

      5. Refugee;

      6. Victim of trafficking;

      7. Non-citizen American Indian; or

      8. Hmong or Highland Lao tribal member.

    2.       i.  You are a member of one of the following groups of “qualified aliens” as defined in 388-424-0001  :

      1. Conditional entrant;

      2. Lawful permanent resident (LPR);

      3. Paroled for one year or more; or

      4. Victim of domestic violence or parent or child of a victim;

           ii.  And, one of the following also applies to you:

      1. You have worked or can get credit for forty Social Security Administration (SSA) work quarters – as described in 388-424-0008;

      2. You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement, as described in WAC 388-424-0007 (1);

      3. You receive cash or medical benefits based on Supplemental Security Income (SSI) criteria for blindness or disability;

      4. You have lived in the U.S. as a "qualified alien” as described in 388-424-0001 for at least five years;

      5. You are under age eighteen; or

      6. You were “lawfully residing” in the U.S. on August 22, 1996 and were born on or before August 22, 1931.

    3. You are an Iraqi Special Immigrant who was granted Special Immigrant status under section 101(a)(27) of the INA. Iraqi Special Immigrants are eligible for six months of federally‑funded assistance from the date of entry into theUnited States.

    4. You are an Afghan Special Immigrant who was granted Special Immigrant status under section 101(a)(27) of the INA. Afghan Special Immigrants are eligible for six months of federally‑funded assistance from the date of entry into the United States.

    3.    If you are ineligible for federal Basic Food benefits due to your alien status, you may be eligible for state Basic Food benefits (see 388-424-0025 ).

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

WAC 388-424-0020

 

  1. Proof of alien status:

    If a client does not provide proof of the alien status of someone in the assistance unit (AU), the client can withdraw the application or apply for Basic Food without that person. That person is an ineligible AU member under WAC 388-408-0035. Please refer to the VERIFICATION chapter for general rules regarding documentation.

  2. Income of immigrants and their sponsors:

    See WAC 388-450-0140  for treatment of income of AU members who are ineligible to receive federally funded Basic Food due to alien status.

    See WAC 388-450-0160  for treatment of income of a sponsored alien's sponsor.


NOTE: An immigrant who is an ineligible member of a federally-funded Basic Food AU should not have his sponsor's income and resources deemed to eligible AU members, even if he would be subject to sponsor deeming for the state-funded Basic Food program.

  1. Deeming requirements for sponsored immigrants:

    We must deem income to a sponsored immigrant who is not exempt from deeming requirements under WAC 388-450-0156. This includes a sponsored immigrant who is eligible for federal benefits based on being a qualified alien who has lived in the U. S. for five years, if they do not have 40 qualifying quarters of work or qualify for a different exemption.


NOTE: We must deem resources in addition to income when the AU is not Categorically Eligible (CE) as defined in WAC 388-414-0001. See WAC 388-470-0070  for deeming sponsor resources.

  1. When a “qualified alien” child turns 18 before being in the U.S. for five years:

    A “qualified alien” child under age 18 is eligible for federal Basic Food benefits. If the child is a sponsored immigrant, they are also exempt from the requirements to deem a portion of their sponsor's income and resources under WAC 388-450-0156.

    1. If the immigrant turns age 18 before they have been in the U.S. for five years, they must meet one of the other requirements under WAC 388-424-0020  to keep getting federally funded Basic Food benefits.

    2. If they do not meet any of the other requirements for federal benefits, the immigrant is eligible for state-funded Basic Food. The immigrant regains eligibility for federal benefits after they have been in the U.S. for five years or meet one of the other criteria under WAC 388-424-0020.

  2. For the purposes of this section, the term “lawfully residing” carries a narrower meaning than elsewhere in this chapter.

    This definition includes only the following immigrants:

    1. A qualified alien;

    2. An alien who has been inspected and admitted and who has not violated the terms of that admission;

    3. A parolee (for less than 1 year), except those paroled pending a determination of excludability or for prosecution;

    4. A Lawful Temporary Resident;

    5. A person under Temporary Protected Status;

    6. A Cuban-Haitian entrant;

    7. A Family Unity beneficiary:

    8. A person granted Deferred Enforced Departure;

    9. A person in Deferred Action;

    10. An alien who is the spouse or child of a U. S. citizen, whose visa petition has been approved and who has a pending application for adjustment of status;

    11. An applicant for asylum or for withholding of removal under the Convention Against Torture, who has been granted employment authorization or who is under the age of 14 and has had an application pending for at least 180 days.

  3. Immigrants from Iraq or Afghanistan who were granted Special Immigrant status under section 101 (a)(27) of the INA are eligible for refugee assistance and federally funded benefits such as TANF, Basic Food and Medicaid. 

     

     

    Special Immigrants from Iraq are eligible for TANF, Medicaid, RCA and RMA for 8 months from their date of entry into the United States. 

     

     

    Special Immigrants from Afghanistan are eligible for TANF, Medicaid, RCA and RMA for 6 months from their date of entry into the United States. 

     

     

    Special Immigrants from Iraq and Afghanistan are eligible for Basic Food for 6 months from their date of entry into the United States.

     

     

    If you have any questions regarding eligibility or on how to process a case, please contact Tom Berry or Olga Walker, in the CSD Office of Programs and Policy.

    Tom (360) 725-4617 or by e-mail at berrytj@dshs.wa.gov

    Olga (360) 725-4641 or by e-mail at walkeop@dshs.wa.gov 

  4. ACES Procedures:  Basic Food Assistance for Special Immigrants

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Modification Date: April 2, 2008
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