305.21 Documentation of BCIS Status SR 03-06, 04/03 (FSM-A)

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Require non-citizens to provide documentation of qualified alien status from the Bureau of Citizenship and Immigration Services (BCIS), formerly known as INS. District Offices are not required to assist an applicant in verifying citizenship.

An alien is ineligible for food stamp benefits until acceptable documentation is provided unless:

. the District Office has submitted a copy of a document provided by the household to the BCIS for secondary verification. BCIS should respond to requests for secondary verification within 21 calendar days. If there is no response, call BCIS to determine the status of the request. Pending secondary verification, base the eligibility decision on the original documents provided by the non-citizen in order to process the case within program time frames. Review the individual's eligibility when secondary verification is received.

. the individual provides documentation that the SSA is conducting an investigation to determine if more quarters of work coverage can be credited. Pending the results of the SSA investigation, and if otherwise eligible, the individual may participate in the Food Stamp Program for up to 6 months from the date of the SSA's original finding that the number of qualifying quarters was insufficient. See Section 305.19, Crediting SSA Work Quarters; or

. the District Office has submitted a request to a Federal Agency other than BCIS for verification of information applicable to the individual's immigration status. Pending the results of the investigation, the individual may participate in the Food Stamp Program for up to 6 months from the date of the original request for verification.

Applicants are not required to provide information about the citizenship or immigration status of any non-applicant family or household member, nor can the applicant be denied benefits because a non-applicant family or household member has not disclosed his or her citizenship or immigration status.

Battered Aliens

Non-citizens claiming qualified alien status due to battering or extreme cruelty must provide additional verification indicating that:

. the violence occurred while the individual was residing in the United States;

. the batterer was the spouse or parent of the battered non-citizen, or the non-citizen child's parent was the subject of the battering;

. the battered spouse or child was residing with the batterer at the time of the incident(s); and

. the battered individual no longer resides with the batterer.

Accept any reasonable evidence of physical violence against the individual, such as police reports, information from medical or school personnel, photographs, or signed statements from individuals familiar with the situation.

Other types of BCIS non-citizen documentation include notifications on BCIS letterhead, U.S. stamps on passports, or BCIS computer-printed fee receipts. If the non-citizen presents an unfamiliar type of documentation, follow the SAVE secondary verification procedures outlined in section 305.23, Verification of Qualified Alien Status. Accept a document which is not issued by BCIS only when it provides reasonable evidence of immigration status. However, submit all non-BCIS documents to BCIS through the secondary verification process.