He-W 606.02 - Citizenship/Non-citizen Status

He-W 606.02. Citizenship/Non-citizen Status

(a) Citizenship or non-citizen status, formerly referred to as alien status, shall be verified at each assistance group member's initial determination of eligibility.

(b) If electronic verification, described in (h) below, fails to verify citizenship, the documents described in 42 CFR 435.407(a), (b), and (d) shall be considered acceptable verification of an individual's US citizenship.

(c) Acceptable verification of immigrant status shall be documentation issued by the U.S. citizenship and immigration services (USCIS) stating that:

(1) The individual's deportation has been withheld under 8 USC 1253;

(2) The non-citizen has been admitted as a refugee under 8 USC 1157;

(3) The non-citizen has been admitted as an asylee under 8 USC 1158; or

(4) The individual has been granted status as a lawful temporary or permanent resident under 8 USC 1255.

(d) An individual's refusal or failure to verify citizenship, non-citizen status or sponsor status shall result in the denial or termination of financial assistance for the entire assistance group.

(e) If the non-citizen's sponsor no longer functions as a sponsor, either because the sponsoring organization no longer exists or the sponsor is unable to meet the non-citizen's total financial needs, the non-citizen shall provide to the department, within 10 days of the date of application, one of the following:

(1) If the non-citizen claims that the sponsoring organization no longer exists, a signed and dated written statement which includes the name of the sponsoring organization or agency and its former address, and the reason that the sponsoring organization or agency no longer exists, if known; or

(2) If the sponsor is contributing no money, or the sponsor's monetary contribution, combined with the non-citizen's income makes the non-citizen financially eligible for a cash grant, a signed and dated affidavit on which the sponsoring organization or agency has provided:

a.The non-citizen's name;

b.The non-citizen's date of entry into the United States;

c.The sponsor's name and address;

d.The amount of money the sponsor contributed to the non-citizen;

e.The reason the sponsor is no longer able to meet the non-citizen's financial needs; and

f.A statement that the sponsor agrees to a financial audit, if needed, to substantiate conflicting information.

(f) Documentation provided by a state vital statistics agency in accordance with 42 CFR 435.407(b)(2) shall be considered acceptable verification of a birth record.

(g) Reasonable opportunity to present satisfactory documentary evidence of citizenship, pursuant to 42 CFR 435.956(g)(2), shall be 95 days from the date on the notice of decision as defined in He-W 601.05(y).

(h) Documentation provided by the social security administration (SSA), in accordance with 42 U.S.C. 1396 -a(ee), shall be considered acceptable verification of (b) above.

(Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10698, Effective 10/21/2014, Expires 10/21/2024.)

(See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRED : 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; amd by #8865, eff 4-13-07; ss by #9274, eff 9-20-08; ss by #9848, eff 1-12-11

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