Page 16

Chapter: 1400 Technical Requirements Program: FS 11

If the secondary verification shows that the noncitizen no longer has an eligible immigration status, a Benefit Recovery referral will be initiated for the total amount of assistance received during the interim investigation period. 1410.0115 VIS-CPS (FS) VIS-CPS must be completed for noncitizens:

1. at application or reapplication, 2. when adding a noncitizen individual, 3. at every review for individuals who do not have a permanent resident status, and 4. any time there is a change to alien status.

A noncitizen who has what appears to be a “good” USCIS document, when VIS-CPS indicates contradictory information, will be considered potentially eligible until secondary verification is returned confirming the status. Do not hold, deny or terminate benefits waiting for the secondary verification. 1410.0117 Noncitizens not Eligible for Assistance (FS) The following individuals are not eligible for food stamps on the factor of citizenship status:

1. foreign government representatives on official business and their families and servants, 2. visitors for business or pleasure, including exchange visitors, 3. crewmen on shore leave, 4. noncitizen in travel status while traveling directly through the U.S., 5. treaty traders and investors and their families, 6. foreign students, 7. international organization representatives and individuals and their families and servants, 8. temporary workers including agricultural contract workers, or 9. members of foreign press, radio, film, or other information media and their families.

Verification is usually the I-94, Arrival-Departure Record, annotated with the letters “A” through “V”, except “T” (A-2, B-1, etc.). 1410.0118 Reporting Illegal Noncitizens (FS) Substantial evidence of unlawful presence in the United States (U.S.) must exist before an individual can be reported to U.S. Citizenship and Immigration Services (USCIS). Do not attempt to make a determination of unlawful presence in the following situations when:

1. an individual declines to present documentation of immigration status. 2. a VIS-CPS response shows no USCIS record on the individual. 3. a VIS-CPS response shows an immigration status that makes the individual ineligible for benefits. or 4. secondary verification shows that the individual’s USCIS status has expired.

Individuals who are not applying for benefits are not to be reported as unlawfully present in the US. Additionally, staff should not seek verification status through VIS-CPS, or through any secondary verification process, for individuals who are not applying for benefits. This is because those applying for food stamps may live with others who are not applying for benefits but who may not be lawfully present in the US.

Who must be reported:

Before it is determined that an individual is unlawfully present in the US, the individual must provide a formal non-appealable order of deportation. This document is required because prior to