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VIRGINIA DEPARTMENT OF SOCIAL SERVICES NONFINANCIAL ELIGIBILITY CRITERIA

10/24 VOLUME V, PART VII, PAGE 12

If the above forms of verification cannot be obtained and the household can provide a reasonable explanation as to why verification is not available, the BPS must accept a signed statement from someone who is a U.S. citizen which declares, under penalty of perjury, that the member in question is a U.S. citizen. The signed statement must contain a warning of the penalties for helping someone commit fraud, such as: ”If you intentionally give false information to help this person get SNAP benefits, you may be fined, imprisoned, or both.”

The member whose citizenship is in question is not allowed to participate until proof of U.S. citizenship is obtained. Until proof of U.S. citizenship is obtained, the member in question will have his or her income, less a pro rata share, and all other resources considered available to any remaining household members. (See Part XII.E.)

If the BPS reduces or terminates a household's benefits within the certification period because one or more of its members is disqualified as an ineligible alien, the BPS must issue the Advance Notice of Proposed Action to inform the household that the individual is disqualified, the reason for the disqualification, the eligibility and benefit level of the remaining members, and the actions the household must take to end the disqualification, if applicable.

5. Reporting Illegal Aliens (7 CFR 273.4(b))

The local agency must report to the USCIS any individual who the agency "knows" to be in the United States in violation of the Immigration Nationality Act. The household must present a Final Order of Deportation for the local agency to "know" that the person is in violation to make the report to the USCIS. In no other instance may the agency make the report to the USCIS.

If a household member presents a Final Order of Deportation issued by USCIS or by the Executive Office of Immigration Review, the local agency director must report to USCIS. The report must include the individual's: • name • address • other identifying information

The agency must send the report to:

Director

Policy Directives and Instructions Branch

U.S. Citizenship and Immigration Service

425 I Street, N.W.

Room 4034

Washington, D.C. 20535

ATTN: USCIS No 2070-00

TRANSMITTAL #35