Nonqualified Noncitizens
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This subject includes a list of noncitizens who are not eligible for NA and CA.
Policy
A nonqualified noncitizen may have entered the United States (U.S.) either with or without United States Citizenship and Immigration Services (USCIS) documentation. Nonqualified noncitizens are not eligible for NA or CA because they do not meet the required noncitizen status.
Nonqualified noncitizens may provide immigration documents issued by any of the following immigration agencies:
●U.S. Department of State
●U.S. Department of Homeland Security (DHS) Customs and Border Protection (CBP)
●U.S. Immigration and Naturalization Services (INS)
●USCIS
●Immigration and Customs Enforcement (ICE)
●Executive Office for Immigration Review (EOIR)
Though nonqualified noncitizens are not eligible for benefits for themselves, a nonqualified noncitizen is allowed and encouraged to apply for benefits for their family members who are U.S. citizens or qualified noncitizens. The income and resources of a nonqualified noncitizen may be used to determine the benefit amount for the entire budgetary unit.
When a nonqualified noncitizen listed on the application is not applying for NA or CA benefits, one of the following should be selected for that noncitizen:
●The drop-down option ‘Do not want to give information’ when asked for immigration status on the HEAplus online application.
●The ‘I do not want to provide this information’ checkbox when asked for immigration status on a paper application.
NOTE Immigration status is required for noncitizen participants applying for NA or CA benefits.
A nonqualified noncitizen with USCIS documentation has legally entered the U.S. temporarily with no intention of abandoning their foreign residence. These nonqualified noncitizens do not meet the Arizona residency requirements for eligibility.
A nonqualified noncitizen without USCIS documentation, also known as an undocumented noncitizen(g), may or may not have entered the U.S. without the knowledge or permission of USCIS.
It is a violation of immigration law when a noncitizen is residing in the U.S. without the knowledge or permission of USCIS. FAA is required to report any confirmed violations of this immigration law. Violations of this law are confirmed when any of the following occurs:
●The noncitizen voluntarily self-declares that they are residing in the U.S. illegally
●The noncitizen provides Immigrations and Customs Enforcement (ICE) documents verifying violation of USCIS law
NOTE FAA does not report unconfirmed violations of immigration law.
FAA staff can be charged with a class two misdemeanor when a confirmed violation of immigration law is not reported.Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy that allows noncitizens to apply for a deferral from deportation when they were brought to the U.S. as minors and still reside in the U.S. unlawfully. DACA noncitizens, often called Dreamers, reside in the U.S. with the knowledge of the USCIS and are not reported to ICE.
Noncitizen mandatory participants who are not applying for themselves or do not provide noncitizen verification are disqualified participants. The income and expenses of disqualified participants may be counted fully or partially to the remaining participants in the budgetary unit. (See Disqualified NA Participants Effect on the NA Benefit Amount, Whose Income Effects the CA Benefit Amount, and Disqualified Participants for details.)
Documents a participant may have to identify that they are a nonqualified noncitizen include, and are not limited to, any of the following:
●Form I-94 – Arrival Departure Record
●Form I-95 – Crewman’s Landing Permit
●Form I-360 – Petition for Amerasian, Widow(er), or Special Immigrant (This form is also used to apply for the Special Immigrant Juveniles status)
●Form I-444 – Mexican Border Visitor Permit
●Form I-586 – Nonresident Alien Border Crossing Card (Canadian or Mexican)
●Form I-688A – Employment Authorization Card
●Form I-688 – Temporary Resident Card
●Form I-689 – Fee Receipt
●Form I-766 – Employment Authorization Card
●Form I-821 – Application for Temporary Protected Status (TPS)
●Form I-821D – Consideration of Deferred Action for Childhood Arrivals
●Form DSP-150 – Border Crossing Card
●Student Visa
Noncitizens with one of the following documents may have either qualified or nonqualified status based on the annotations on the document:
●The admission annotation on the I-94 or I-95 document determines the noncitizen's status.
●The Provision of Law annotated on the I-688A determines the noncitizen's status.
●The Provision of Law annotated on the I-766 determines the noncitizen's status.
NOTE A participant with the Provision of Law Code C08 on the I-766 is pending asylum approval. The participant is a nonqualified noncitizen unless the participant has a prior qualifying status that is verified.
When the annotation on one of the three documents listed above is not included in the list of qualified noncitizens, the participant is considered a nonqualified noncitizen. (See Qualified Noncitizens for a list of annotations identifying qualified noncitizens. Use CTRL+F to search the page for the card number.)
Verification
See the policy section above for specific verification documents.
Legal Authorities
7 CFR 273.2(b)(1)(iii)
7 CFR 273.2(f)(1)(ii)(A)
7 CFR §273.4(a)
7 CFR 273.4(a)(1)-(3)
7 CFR 273.4(a)(5)
7 CFR 273.4 (a)(6)
7 CFR 273.4 (a)(6)(i-iii)
7 CFR 273.4(a)(6)(i)(H)
7 CFR 273.4(a)(7)
7 CFR 273.4(c)
8 CFR §204.2
45 CFR 233.50
ARS 46-292A.1.(b)-(d)
ARS 46-292.B.1(a)
62 FR 61344
Public Law 104-193
Public Law 104-208
PRWORA Section 401 & 402
TANF State Plan
last revised 09/23/2024 effective 09/30/2024