Clarifying Information - WAC 388-424-0010

Provide clients who are Lawful Permanent Residents (LPR) with information about naturalization assistance services offered by local community agencies through the DSHS Office of Refugee and Immigrant Assistance. See the Social Services Manual, SSI Facilitation - Facilitation Process - SSI Facilitation Process for more information on the Department’s naturalization assistance program.

Take a client’s declaration of U.S. citizenship at face value. Don’t routinely request proof of citizenship unless there is a specific and substantive reason to, such as an inconsistency in a client's statements or in the information presented on their application for benefits.

Consider immigrants, who are not eligible for federal TANF because of the five-year bar on federal benefits, for the state funded benefits programs.

The following non-qualified aliens are lawfully present and aren’t eligible for TANF, but could be eligible for state funded benefits, if they meet all other eligibility criteria: Pending applicants for Asylum, or Withholding of Deportation/Removal under the Convention Against Torture (CAT) if : Over age 14 with an approved work authorization or Under 14 and their application has been pending for 180 days or more;

Aliens granted withholding of removal under the Convention Against Torture (CAT);

Aliens paroled into the U.S. for less than 1 year;

Aliens in current Temporary Protected Status (TPS) or Aliens granted deferred action status, with the exception of Deferred Action Childhood Arrivals (DACA);

Family Unity beneficiaries;

A child who has a pending application for Special Immigrant Juvenile status;

"U" visa holders;

Religious workers under section 101(a)(15)(R) of the INA;

An individual with a petition pending for 3 years or more, as permitted under section 101(a)(15)(V) of the INA;

A fiancé of a citizen, as permitted under section 101(a)(15)(K) of the INA;

Other aliens with a current nonimmigrant status

EXAMPLE A client applying for benefits has an I-94 (Arrival/Departure Record) stamp with a "B2" code that is not expired. According to the NILC Guide, "B2" signifies tourist status. A person with a tourist status is a lawfully present nonimmigrant and, if otherwise eligible may qualify for benefits. However, an alien with B2 visa is in the U.S. only temporary and doesn’t meet Washington state residency requirements,

EXAMPLE A five-person family applies for benefits. The father has a Lawful Permanent Resident card (I-551), but the mother and three children only have Employment Authorization Documents (EADs). All four EADs are coded "A15". According to the NILC Guide , the "A-15" code indicates "V" status. These are spouses and children of lawful permanent residents whose visa petitions have been pending for at least three years. Immigrants with "V" status are lawfully present non-qualified aliens. These immigrants may qualify for state benefits. The father may be eligible for federal benefits depending on other factors such as date of entry into the U.S.

EXAMPLE A mother and child applied for benefits. The mother has a valid I-94 Arrival/Departure form stamped with a "U" visa. The child would likely have been included as a dependent on the mother's U visa application. Both mother and child are considered "lawfully residing" and may be eligible for state benefits.

Immigrant children and pregnant women, who are: lawfully present non-qualified aliens, as defined in WAC 388-424-0001 ; and meet residency requirements of WAC 388-468-0005 , are eligible for federally funded medical benefits, unless they are approved under Deferred Action Childhood Arrivals (DACA).

Staff should check eligibility for State Family Assistance (SFA) and Food Assistance Program (FAP), when an applicant is a Deferred Action Childhood Arrivals (DACA) individual.

NOTE: An Employment Authorization Document (EAD, USCIS form I-765), known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) and it gives noncitizens a temporary authorization to work . EAD doesn’t confer immigration status, but for eligibility determination purposes, it indicates the client's current immigration status.

Aliens with a variety of statuses may be issued an EAD. Unless other current immigration document(s) are provided, an expired EAD means a person's immigration status has expired.

For more information about I-765 EAD Category Codes please see Employment Authorization Document, Category Codes