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TANF-ACF-PI-2010-05 (Eligibility of Iraqi and Afghan aliens who have been granted special immigrant status for Federal TANF and State Maintenance-of-Effort (MOE) benefits)

Published: June 16, 2010
Audience:
Temporary Assistance for Needy Families (TANF)
Topics:
Maintenance of Effort (MOE), State TANF and MOE Annual Reports, TANF Data Reporting Systems, Financial, Maintenance of Effort (MOE)
Types:
Program Instructions (PI)
Tags:
State Maintenance-of-Effort (MOE)

 

DOCUMENTATION [5]:

  • For Afghan and Iraqi Special Immigrants under Section 1059 of the NDAA 2006, PL 109-163:
Applicant Documentation
Principal Applicant Iraqi Special Immigrant Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SQ1 and DHS stamp or notation on passport or I-94 showing date of entry. 
Spouse of Principal Applicant Iraqi Special Immigrant Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SQ2 and DHS stamp or notation on passport or I-94 showing date of entry.
Unmarried Child Under Age 21 of Iraqi Special Immigrant Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SQ3 and DHS stamp or notation on passport or I-94 showing date of entry.
Principal Applicant Iraqi Special Immigrant Adjusting Status in the U.S. DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code of SQ6.
Spouse of Principal Applicant Iraqi Special Immigrant in P6 Category DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code of SQ7.
Unmarried Child Under Age 21 of Iraqi or Afghan Special Immigrant in P6 Category DHS Form I-551 (“green card”) showing Iraqi (or Iraqi passport), with an IV (“immigrant visa”) code of SQ9
  • Documents Applicable to Afghan Special Immigrants:
Applicant Documentation
Principal Applicant Afghan Special Immigrant Afghan passport with an immigrant visa stamp noting the individual has been admitted under IV (Immigrant Visa) Category SQ1 or SI1. 
Spouse of Principal Applicant Afghan Special Immigrant Afghan passport with an immigrant visa stamp noting the individual has been admitted under IV (Immigrant Visa) Category SQ2 or SI2.
Unmarried Child Under Age 21 of Afghan Special Immigrant Afghan passport with an immigrant visa stamp noting the individual has been admitted under IV (Immigrant Visa) Category SQ3 or SI3.
Principal Applicant Afghan Special Immigrant, Adjusting Status in the U.S. DHS Form I-551 (“green card”) showing Afghan nationality (or Afghan passport), with an IV (immigrant visa) code of SQ6 or SI6.
Spouse of Principal Afghan Special Immigrant in SI6 Category DHS Form I_551 (“green card”) showing Afghan nationality (or Afghan passport), with an IV (immigrant visa) code of SQ7 or SI7.
Unmarried Child Under Age 21 of Afghan Special Immigrant in SI6 Category DHS Form I-551 (“green card”) showing Afghan Nationality (or Afghan passport), with an IV (“immigrant visa”) code of SQ9 or SI9.

 

EFFECTIVE:

Immediately

INQUIRIES:

Inquiries should be directed to the appropriate Regional TANF Program Manager.

 

/s/
Ann H. Barbagallo
Acting Director
Office of Family Assistance

 

Endnotes:

[1] Except for the funding source, the statutory definition of a Federal public benefit and a state or local public benefit are identical. In pertinent part, the definition of a Federal public benefit reads as follows: “Any retirement, welfare, health, disability, public or assistance housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States."”(8 U.S.C. 1611(c) and 1621(c))

The U.S. Department of Health and Human Services (HHS) published an Interpretation of Federal Public Benefit in 63 FR 41658 (August 4, 1998) and transmitted via TANF-ACF-IM-98-5 dated August 4, 1998. The Notice applies to Federal TANF funds and to Federal TANF funds that have been commingled with State MOE funds. This Notice identified the TANF program as one of the HHS programs that provides a Federal public benefit. The Notice also stated that “This does not mean, however, that all benefits or services provided by these programs (including the TANF program) are Federal public benefits….” The Notice includes discussion on how to discern whether a benefit should be considered a Federal public benefit

It is generally up to the State to determine whether the benefit(s) it provides with MOE funds that have not been commingled with Federal TANF funds constitutes a state or local public benefit.

[2] Tribal TANF programs may only serve families (citizens and qualified aliens) who are part of the Tribe’s service population residing within the Tribe’s geographic service area as indicated in the Tribe’s approved TANF plan.

[3] Certain noncash Federal and State or local public benefits are also available to all non-citizens. These are commonly referred to as “exempted public benefits.” Exempted public benefits basically consist of benefits that are necessary for protection of life or safety and include those specified by the Attorney General. See Final AG Order 2353-2001, published in 66 FFR 3613, January 16, 2001.

[4] Limited exception in 45 CFR 263.2(a)(4)(ii): States may use MOE funds to provide certain pro-family non-assistance benefits and services to an individual or family regardless of financial need or family composition if the activity is reasonably calculated to accomplish TANF purpose 3 or 4. Tribes receiving MOE funds from the State may do the same, if allowed by the State.

[5] The U.S. Department of State (DOS) issued the SI visa classification codes appearing in the Tables.