A noncitizen is defined as an individual who is not a citizen of the United States. An eligible noncitizen is a non-citizen who is eligible to participate in one of DTA’s programs. The criteria for an eligible noncitizen differs between TAFDC, EAEDC and SNAP. You must be sure to confirm the noncitizen’s eligibility with the specific program’s regulations on noncitizens.
An immigrant is defined as an individual who has migrated to the United States from another country for the purpose of residing in the U.S. An individual who is a visitor, diplomat or student from another country has not been admitted for permanent residence and must be listed in BEACON as a nonimmigrant. This individual is ineligible for TAFDC, EAEDC and SNAP benefits.
Any applicant who is not a citizen and does not want to provide information regarding his/her immigration status is ineligible.
Once an applicant indicates an inability or unwillingness to provide information or verification of noncitizen status, staff must not ask any further questions or pursue documentation with regard to that person’s noncitizen status.
A noncitizen who applies for EAEDC benefits and indicates an inability or unwillingness to provide or apply for a Social Security Number due to immigration status, is ineligible
When conducting an interview with a noncitizen applicant it is important that you provide the applicant with the Noncitizen Right to Know and the Noncitizen Resource brochures.
EAEDC Eligible Noncitizen Status
A noncitizen may be eligible for EAEDC if they meet one of the statuses below:
Veterans and Active Duty Personnel
Refugees admitted under section 207 of the INA
Asylees admitted under section 208 of the INA
Noncitizens whose Deportation is Withheld under section 243(h), or whose removal is withheld under section 241(b)(3) of the INA
Parolee under section 212(d)(5) of the INA
Cuban/Haitian entrants (as defined in section 501(e) of the Refugee Education Assistance Act of 1980)
Amerasians (as defined in section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1988)
Legal Permanent Residents
Victims of Severe Forms of Trafficking admitted with a letter from the Department of Health and Human services, verifying the client is a victim of Trafficking
Conditional Entrant under section 203(a)(7) of the INA and
Permanently Residing Under Color of Law (PRUCOL)
Additional EAEDC Noncitizen Requirements
In addition to meeting one of the eligible noncitizen statuses above, a noncitizen applying for EAEDC must meet the following criteria unless good cause exists:
Have applied for any of the following programs for which they are categorically eligible; SSI, TAFDC, Unemployment Compensation and Veteran’s Services benefits; and
Be engaged in efforts to become a U.S. citizen, once eligible, if s/he is financially, physically, and mentally able to do so
Verification of Noncitizen Status
A noncitizen applying for EAEDC benefits and claiming an eligible noncitizen status must verify that s/he is present in the United States (U.S.) under one of the noncitizen statuses. The noncitizen must submit verification of the eligible noncitizen status, in accordance with Department procedures as well as the date the status was granted for each member of the household, at application, at recertification or when the status of the noncitizen changes or is questionable. Verification of an eligible noncitizen status must be submitted before the determination of EAEDC eligibility.
At application the applicant must provide documentation of immigration status only for household members applying for benefits. Once provided, the information must be verified through the Systematic Alien Verification for Entitlements (SAVE).
Ineligible Legal Noncitizen Status
An individual present in the U.S. under conditions or sections of the INA not described above, is ineligible for EAEDC benefits. His/her income or assets shall be considered in their entirety for the remaining household members.
Eligible Noncitizens – EAEDC
Temporary Protected Status
Systematic Alien Verification For Entitlements (SAVE)
Noncitizen Policy and Procedures