3-001.03 Citizenship/Alien Status
475 NAC 3-001.03
This section covers the requirements of the citizenship/alien provisions for individuals receiving food stamp benefits in Nebraska. The two sets of immigrant provisions are federally funded food stamp benefits and state funded food stamp benefits.
Individuals from the Federated
States of Micronesia and/or the Marshall Islands are considered "in
free association" with the United States, meaning these aliens do
not need any documentation to enter and leave the United States. However,
they are not United states citizens and are not eligible for food stamp
benefits.
The Consulate of Mexico issues a "Matricular Consular ID card"
which is used for ID purposes only. This card does not establish a legal
status in the United States. The noncitizen would need to provide another
appropriate document to verify his/her alien status and potential eligibility
for food stamp benefits.
These individuals must apply and receive an immigration status through
the Citizenship Immigration Service (CIS) to be considered for the Food
Stamp Program.
When a non-citizen requests to participate in the Food Stamp Program, his/her alien status must first be determined using the federal alien regulations. If the individual does not meet the federal regulations, his/her alien status is then determined using the expanded state alien policies. If the individual does not meet either the federal or state alien provisions, s/he is ineligible and cannot participate in the Food Stamp Program.
The status of all aliens requesting benefits must be verified through the Systematic Alien Verification for Entitlements (SAVE) program which is operated by the Citizenship and Immigration Services (CIS). If an alien does not wish to have CIS contacted to verify his/her immigration status, the worker must give the household the option of participating without that member. The household may also choose to withdraw its entire application.
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Immigration status must be verified through SAVE at the time of initial application. |
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Immigration status will not be verified through SAVE under the following conditions: |
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a.The individual declares or provides documents showing s/he is an alien who has been admitted into the U.S. under a provision of CIS law which is not covered under the federal or state Food Stamp Program. If the person declares or provides documents showing an ineligible status, his/her immigration status is not verified. (Examples: student, visitor/tourist, diplomat). |
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b.The individual declares to be a noncitizen but does not disclose his/her immigrant status. The individual is ineligible to participate, however his/her income, resources, and deductions will be used to determine the remaining household member's eligibility. |
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After initial verification of an eligible immigration status through SAVE, another verification is not needed unless the worker becomes aware of a change through: |
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a. Client declaration; or |
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b. Agency information. |
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3-001.03A Household Members Meeting Federal Funding Requirements
3-001.03B Aliens Eligible for Federal Time-Limited Benefits
3-001.03C State Eligible Alien Statuses
3-001.03E Income and Resources of Ineligible Aliens
3-001.03G Reporting Undocumented Aliens