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

Revised October 28, 2007

Purpose: The state funded portion of the Washington Basic Food Program (Basic Food) provides benefits to some legal immigrants who are ineligible to receive federally funded Basic Food benefits. This section describes which legal immigrants can receive state funded Basic Food benefits under the Food Assistance Program (FAP).
WAC 388-424-0025How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food Program?

 WAC 388-424-0025

WAC 388-424-0025

Effective September 1, 2004

WAC 388-424-0025 How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food Program?

 

To receive state-funded benefits under the Washington Basic Food Program (Basic Food), you must be one of the following: 

1. A “qualified alien”, as defined in WAC 388-424-0001, who does not meet the eligibility requirements under WAC 388-424-0020 to receive federally-funded Basic Food benefits; or

2. An alien who does not meet the definition of a “qualified alien” as defined in WAC 388-424-0001 but who is Permanently Residing Under Color of Law (PRUCOL) in the United States as defined in WAC 388-424-0001.

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

  

  1. Immigrants with Family Unity Status:

    All immigrants granted Family Unity status are “PRUCOL”. These individuals meet the citizenship/alien status requirement for state-funded Basic Food even if their spouse or parent is not eligible for Basic Food.

  2. Income of immigrants and their sponsors:

    1. 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.

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


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. Battered aliens:

    1. Battered aliens who are not eligible for federally funded Basic Food may be eligible for state funded benefits. See WAC 388-424-0020  for eligibility requirements for federally funded Basic Food.

    2. See WAC 388-424-0001  for a definition of which battered aliens are considered PRUCOL and thus eligible for state funded Basic Food. To be eligible for state funded Basic Food, battered aliens must have proof of that they have petitioned for legal status through USCIS. See Table 5, pages 61-62 in the NILC Guide in Appendix II for a list of documents that indicate a petition has been filed.

    3. If either the parent or the child is a battered alien as defined in WAC 388-424-0001, then both can be eligible for state funded Basic Food. Note that the children of a battered alien who has petitioned USCIS are often not listed on the USCIS document, but are nonetheless eligible for benefits.


EXAMPLE

If only the child is abused, both mom and child are eligible for state funded Basic Food benefits. If only the mom is abused, both mom and child are eligible.

WORKER RESPONSIBILITIES

  1. See Tables 5 and 6 (pages 61-63) in the NILC Guide in Appendix II for a list of USCIS documents that can be used to verify the alien status of persons applying for assistance.

  2. Update the client's alien status in ACES (on the ALAS screen) when USCIS changes the status.


NOTE: Failure to update an immigrant's status may result in a Basic Food payment error.

ACES PROCEDURES

See Food Assistance - State Funded Basic Food Program

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Modification Date: October 28, 2007
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