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Chapter: 1400 Technical Requirements Program: FS 10 2. approved petitions or orders granted by USCIS; 3. restraining order or criminal conviction against the abuser; 4. charges brought about that lead to the conviction of the abuser; or 5. credible evidence of the abuse which includes but is not limited to, reports or affidavits from law enforcement, judges or other court officials, medical personnel, school officials, social workers, mental health providers, other social service agency personnel, legal documents, residence in a battered spouse shelter or similar refuge, photographs of the injuries, or sworn affidavits from friends, family members, or other third parties with personal knowledge of the battery or cruelty.

The eligibility specialist cannot delay authorization of an application or request for additional assistance while awaiting verification to establish battery or extreme cruelty. If it is later discovered that the noncitizen does not meet these criteria, a Benefit Recovery referral must be made.

Note: The eligibility specialist does not need to determine if the battered noncitizen meets the three criteria listed above for noncitizens who meet one of the other qualified noncitizen statuses unless it is to the noncitizens advantage such as sponsored noncitizens. 1410.0114 Verification Requirements for Noncitizens (FS) The eligibility specialist must verify the immigration status of all noncitizens applying for or receiving food stamps through the U.S. Citizenship and Immigration Service (USCIS). If a noncitizen does not wish for our Agency to contact USCIS to verify immigration status, the household must be given the option of withdrawing its application or participating without that member. If this occurs, the agency must not continue in efforts to obtain that documentation. Instead that individual is technically ineligible for benefits.

When verifying noncitizen status, the agency uses automated verification by Verification Information System-Customer Processing System (VIS-CPS).

If a noncitizen is unable to provide any documentation to verify immigration status, the eligibility specialist is not responsible for contacting USCIS on the noncitizen’s behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If VIP-CPS does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the “Noncitizen registration number,” the eligibility specialist will verify the number using the VIS-CPS system. If the number is verified, and VIS-CPS indicates the individual has an immigration status, this is acceptable documentation of the noncitizen’s immigration status for all programs. However, in this situation, the individual’s identity must be verified to ensure the noncitizen registration number belongs to the individual.

Note: If a noncitizen provides any form of USCIS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual’s status through the VIS-CPS system. When the VIS- CPS system requests secondary verification, benefits may not be withheld pending response from the secondary verification, providing all other technical eligibility factors are met.