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Nevada Division of Welfare and Supportive Services Energy Assistance Program Manual I. Children (under 18 years old); II. Aliens who were lawfully residing in the U.S. and were age 65 or older on August 22, 1996; III. Members of a Federally-recognized Indian tribe; IV. American Indians born in Canada to whom 289 of the INA applies; V. Certain Hmong and Highland Laotians; VI. Refugee and Asylees, aliens whose deportation is being withheld, Amerasians, and Cuban/Haitian entrants, and victims of a severe form of trafficking; VII. Veterans, members of the military on active duty, and their spouses and unmarried dependent children; or VIII. Legal Permanent residents who have worked 40 qualifying quarters of coverage. After 12/31/96, no quarter can be considered a “qualifying quarter” if the individual is receiving a “federal means-tested public benefit.” Quarters worked by parents when the alien was a child, or by a spouse while married, may be counted by spouses and dependent children as satisfying the 40 quarter requirement.
303 REPORTING ILLEGAL NON-CITIZEN TO USCIS An illegal non-citizen is a person present in the U.S. illegally or who has received a final deportation order. The agency may not ask the citizenship status of non-applicants. The household must be advised of the agency’s obligation to verify immigration status for those individuals applying for benefits for themselves. Undocumented non-citizens will be reported to the USCIS if: I. An undocumented non-citizen is applying for assistance for themselves and/or other undocumented non-citizen household members; AND II. The undocumented non-citizen has an official “Order to Show Cause.” NOTE: If there is more than one undocumented non-citizen applying for assistance, only those with an official “Order to Show Cause” will be reported. 304 ABSENCE OF PROOF OF IMMIGRATION STATUS A household member(s) who has no proof of immigration status may not receive EAP benefits. The remaining members may be approved if they meet eligibility requirements. NOTE: A household member without proof of immigration status will be excluded from the household size; however, their income is considered countable and will be included when calculating the household’s gross income. 305 DOCUMENTATION OF NON-CITIZEN IMMIGRATION STATUS Document in an EAP system narrative: I. The person’s status and how it was verified; MTL 01/24 June 25, 2024 - 5 - Section 300 – Citizenship