Clarifying Information - WAC 388-424-0006

Determining whether a person has entered the U.S. before August 22, 1996 . For many immigrants the date they entered the U.S. and became a “qualified alien” is on their I-94 card or Customs and Border Protection (CBP) stamp in their passport, on a Refugee Transportation Letter or on their Permanent Resident card as a “Resident Since” date.

A person is not subject to the five-year bar for TANF if they entered the U.S. before August 22, 1996, even if they did not obtain a “qualified” immigration status until sometime after they entered. As long as the immigrant “continuously resided” in the U.S. from the earlier date, that date is considered the “date of entry”. “Continuously resided” means the immigrant maintained residence in the U.S. and only left the U.S. for short periods of time.

An applicant for federal Basic Food (SNAP) benefits, who became “qualified” on or after August 22, 1996, and who requires five years of residency for eligibility, can’t count time spent in the U.S. before they became a “qualified alien” toward the five-year bar requirement.

Immigrants who have the five-year bar. All immigrants, who are lawfully present in the U.S. and aren’t included in the statuses named in WAC 388-424-0006, Citizenship and immigration status—Date of entry have a five-year bar on receipt of Basic Food and TANF.

How to determine the date a Victim of Trafficking becomes a qualified alien. A victim of human trafficking becomes a “qualified alien” on the certification date stated on a Certification Letter for adults, or a Letter of Eligibility for minors from the U.S. Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR) or the Office on Trafficking in Persons (OTIP). The letter will state when the client can start receiving benefits, which is the eligibility date.

How to determine the date an asylee becomes a qualified alien. The date an asylee becomes a “qualified alien” is the date: Stated on an Asylum Approval Letter, from a USCIS Asylum Office, as the date asylum was granted under §208 of the Immigration and Nationality Act (INA). Immigration Judge decided to grant asylum under §208 of the INA, if the Department of Homeland Security (DHS) has NOT reserved its right to appeal the decision. If DHS has reserved its right to appeal the decision, the eligibility date is the 31st day from the date on the Immigration Judge Order if DHS did not ultimately appeal the case.

How to determine the date a battered immigrant becomes a “qualified alien." The date a battered alien becomes “qualified” is the date of the approval (or notice of prima facie case) of a Violence Against Women Act (VAWA) petition or the date that the U.S. citizen or lawful permanent resident spouse petitioned for the family visa application. These dates aren’t the same as the date the immigrant was granted lawful permanent residence and the date doesn't appear on the Permanent Resident card ("green card").

Immigrants who are exempt from the five-year bar. Immigrants exempt from the five-year bar due to immigration status are listed in WAC 388-424-0006, Citizenship and Immigration status—Date of entry . Immigrants with a status of refugee, asylee, withholding of deportation/removal, Cuban/Haitian entrant, Special Immigrants from Iraq and Afghanistan, and Amerasian remain exempt after they’ve adjusted to lawful permanent resident status. The “category” or “class” code on their Permanent Resident (“green”) Card identifies under which provision of law they came into the U.S. For more information on immigration documentation, status codes, benefit eligibility and step-by-step process, please see immigration desk aids located on the CSD website.