SR 10-36 Dated 12/10

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases changes in the treatment of certain Iraq and Afghanistan "Special Immigrants" who were admitted to the U.S. on or after December 19, 2009. Iraq and Afghanistan immigrants who are identified as special immigrants via federally certified documentation as described below, are eligible for all categories of financial and medical assistance and Food Stamp benefits, including Refugee Cash and Medical Assistance (RCA/RMA), to the same extent and for the same time periods as refugees.

BACKGROUND

The Iraq and Afghanistan "Special Immigrant" category was created by section 1059 of the National Defense Authorization Act for fiscal year 2006 (Public Law 109-163). Each Federal fiscal year, a certain number of Iraqis and Afghans and their families (spouse and unmarried children younger than 21), who were employed by the U.S. military as translators and meet other requirements, may be granted Iraqi or Afghan Special Immigrant Status under section 101(a)(27) of the Immigration and Nationality Act (INA). On December 19, 2009, Congress passed the Department of Defense (DOD) Appropriations Law (P.L 111-118), which extended the period of time for which certain Iraq and Afghanistan noncitizens are eligible to receive public benefits. Section 8120 of the DOD amended the Refugee Crisis in Iraq Act of 2007 and the Afghan Allies Protection Act of 2009 by extending eligibility for resettlement assistance, entitlement programs, and other benefits available to nationals of Iraq and Afghanistan with special immigrant status.

POLICY

Citizens and nationals of Iraq and Afghanistan who are granted "Special Immigrant" status and admitted to the U.S. on or after December 19, 2009 are eligible for all categories of financial and medical assistance and Food Stamp benefits, including Refugee Cash and Refugee Medical Assistance (RCA/RMA), for the same periods of time and to the same extent as refugees. The five-year bar no longer applies to these immigrants.

Iraq and Afghanistan Special Immigrants are not required to have a sponsor and there is no deeming of a sponsor’s income during the eligibility determination process for the immigrant.

Use the following documentation to verify the Iraq or Afghanistan "Special Immigrant" status:

Documents an Iraq Special Immigrant Must Possess:

·   Iraq passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SQ1, SQ2, or SQ3, and a US DHS stamp or notation on passport or I-94 showing date of entry.

·   US DHS Form I-551 ("green card") showing Iraq nationality (or Iraqi passport), with an IV (immigrant visa) code of SQ6, SQ7, or SQ9.

Documents an Afghan Special Immigrant Must Possess:

·   Afghan passport with an immigrant visa stamp noting the individual has been admitted under IV (Immigrant Visa) Category SQ1 or SI1, SQ2 or SI2, or SQ3 or SI3.

·   US DHS Form I-551 ("green card") showing Afghan nationality (or Afghan passport), with an IV (immigrant visa) code of SQ6 or SI6, SQ7 or SI7, or SQ9 or SI9.

DISTRICT OFFICE PROCEDURES AND IMPLEMENTATION

When an Iraq or Afghanistan Special Immigrant applies for assistance, the Family Services Specialist (FSS) must first request that the applicant verify "Special Immigrant" status per the documentation listed above. If acceptable proof is provided, the FSS must then complete the "Alien and Refugee" screen in New HEIGHTS and use "refugee" for the "Alien/Refugee Status." All other needed verification to process the case must still be provided.

IMPLEMENTATION

The updated policies released in this SR are effective December 17, 2010.

TRAINING

No training is planned or needed.

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at http://www.dhhs.nh.gov/DFA/publications.htm, effective January 31, 2011.

DFA/JT:s