New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 2 - THE APPLICATION PROCESS › Section 10:87-2.19 - Mandatory verification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CWA shall
				verify the information in (b) through (m) below prior to certification for
				households initially applying for NJ SNAP benefits.
(b) Gross nonexempt income shall be verified
				for all households prior to certification. However, where all attempts to
				verify the income have been unsuccessful because the person or organization
				providing the income has failed to cooperate with the household and the CWA,
				and all other sources of verification are unavailable, the eligibility worker
				shall determine the amount to be used for certification purposes based on the
				best available information.
(c) The
				CWA shall verify the eligibility status of applicant aliens. For each household
				member identified on the application as an alien, the CWA shall determine if
				that member is an eligible alien (see
				10:87-3.8 ) by requiring that the
				household present verification for each alien member.
1. Per
				7 CFR
				273.2(f)(1)(ii), the
				Department of Justice (DOJ) Interim Guidance On Verification of Citizenship,
				Qualified Alien Status and Eligibility Under Title IV of the Personal
				Responsibility and Work Opportunity Reconciliation Act of 1996 (Interim
				Guidance) (62 FR 61344, November 17, 1997) contains information on acceptable
				documents and USCIS codes. The CWA shall use the Interim Guidelines until DOJ
				publishes a final rule on this issue. Thereafter, the CWA should consult both
				the Interim Guidance and the DOJ final rule. Where the Interim Guidance and the
				DOJ final rule conflict, the latter should control the verification of alien
				eligibility.
2. The following
				information may also be relevant to the eligibility of some aliens: date of
				admission or date status was granted; military connection; battered status; if
				the alien was lawfully residing in the United States on August 22, 1996;
				membership in certain Indian tribes; if the person was age 65 or older on
				August 22, 1996; if a lawful permanent resident can be credited with 40
				qualifying quarters of covered work and if any Federal means tested public
				benefits were received in any quarter after December 31, 1996; or if the alien
				was a member of certain Hmong or Highland Laotian tribes during a certain
				period of time or is a spouse or unmarried dependent of such a person. The CWA
				shall also verify these factors if applicable to the alien's
				eligibility.
3. The SSA Quarters of
				Coverage History System (QCHS) is available for purposes of verifying whether a
				lawful permanent resident has earned or can receive credit for a total of 40
				qualifying quarters. However, the QCHS may not show all qualifying quarters.
				For instance, SSA records do not show current year earnings and in some cases
				the last year's earnings, depending upon the time of request. Also, in some
				cases, an applicant may have work from uncovered employment that is not
				documented by SSA, but is countable toward the 40 quarters test. In both of
				these cases, the individual, rather than SSA, would need to provide the
				evidence needed to verify the quarters.
4. An alien is ineligible until acceptable
				documentation is provided, unless:
i. The CWA
				has submitted a copy of a document provided by the household to USCIS for
				verification. Pending such verification, the CWA cannot delay, deny, reduce or
				terminate the individual's eligibility for benefits on the basis of the
				immigration status;
ii. The
				applicant or the CWA has submitted a request to SSA for information regarding
				the number of quarters of work that can be credited to the individual, SSA has
				responded that the individual has fewer than 40 quarters, and the individual
				provides documentation from SSA that SSA is conducting an investigation to
				determine if more quarters can be credited. If SSA indicates that the number of
				qualifying quarters that can be credited is under investigation, the CWA shall
				certify the individual pending the results of the investigation for up to six
				months from the date of the original determination of insufficient quarters;
				or
iii. The applicant or the CWA
				has submitted a request to a Federal agency for verification of information
				which bears on the individual's eligible alien status. The CWA shall certify
				the individual pending the results of the investigation for up to six months
				from the date of the original request for verification.
5. The CWA shall provide alien applicants
				with a reasonable opportunity to submit acceptable documentation of their
				eligible alien status by the 30th day following the date of application. A
				reasonable opportunity shall be at least 10 days from the date of the CWA's
				request for an acceptable document. When the CWA fails to provide an alien
				applicant with a reasonable opportunity as of the 30th day following the date
				of application, the CWA shall provide the household with benefits no later than
				30 days following the date of application, provided the household is otherwise
				eligible.
6. Aliens lawfully
				admitted as immigrants and aliens in continuous residence (see
				10:87-3.8(a) 
				shall present USCIS Form I-151 or Form I-551 "Alien Registration Receipt Card"
				or the "Re-entry Permit," a passport booklet for lawful permanent resident
				aliens.
7. Aliens in the categories
				specified at
				10:87-3.8(a)8 
				through 11 shall present a USCIS Form I-94, "Arrival--Departure Record." The
				CWA shall accept the USCIS Form I-94 only if it is annotated with Section 207,
				208, 212(d)(5), or 243(h) of the Immigration and Nationality Act; or if the
				form is annotated with one of the following terms or combination of terms:
				refugee, parolee, paroled, or asylum.
i. A
				USCIS Form I-94 annotated with the letters (A) through (L) shall be considered
				verification of ineligible status unless the alien can provide other
				documentation from BCIS which indicates the alien is eligible.
ii. If the USCIS Form I-94 does not bear any
				acceptable annotations and the alien has no other verification of alien
				classification in his or her possession; the CWA shall advise the alien to
				submit Form G-641, Application for Verification of Information from Immigration
				and Naturalization Service Records, to USCIS. The CWA shall accept this form
				when presented by the alien and properly annotated at the bottom by a USCIS
				representative as evidence of lawful admission for permanent residence or
				parole for humanitarian reasons. The alien shall also be advised that
				classification under Sections 207, 208, 212(d)(5) or 243(h) of the Immigration
				and Nationality Act shall result in eligible status. Additionally, the alien
				shall also be advised that he or she may be eligible if acceptable verification
				is obtained and that the alien may contact USCIS or otherwise obtain the
				necessary verification. If the alien so wishes and signs a written consent, the
				CWA will contact USCIS to obtain clarification of the alien's status.
8. If an alien is unable to
				provide any USCIS document at all (not even a USCIS Form I-94), the CWA has no
				responsibility to offer to contact the USCIS on the alien's behalf. The CWA's
				responsibility exists only when the alien has a USCIS document that does not
				clearly indicate eligible or ineligible alien status. In any event, the CWA
				shall not contact USCIS to obtain information about the alien's correct status
				without the alien's written consent.
9. If the proper USCIS documentation is not
				available, the alien may state the reason and submit other conclusive
				verification. The CWA shall accept other forms of documentation or
				corroboration from USCIS that the alien is classified pursuant to Section
				101(a)(15), 101(a)(20), 207, 208, 212(d)(5), 243 or 249 of the Immigration and
				Nationality Act, or other conclusive evidence such as a court order stating
				that deportation has been withheld pursuant to Section 243(h) of the
				Immigration and Nationality Act.
10. While awaiting acceptable verification,
				the alien whose status is questionable shall be ineligible. If the alien does
				not wish to contact USCIS or give permission for the CWA to contact USCIS, the
				household shall be given the option of withdrawing its application or
				participating without that member. The income and resources of the ineligible
				alien shall be treated in the same manner as an excluded individual as set
				forth at 10:87-7.7(a)  and
				shall be considered available in determining the eligibility of any remaining
				household members.
11. Whenever the
				CWA determines that any member of a household is ineligible to receive NJ SNAP
				benefits because he or she is present in the United States in violation of the
				Immigration and Nationality Act, that individual shall be reported to the local
				USCIS office. CWAs must make a distinction between aliens who are ineligible
				for the NJ SNAP program for various reasons and aliens who are in the United
				States illegally. Only those aliens specifically determined by the USCIS to be
				illegal aliens shall be reported to USCIS by the CWAs.
i. When a household indicates inability or
				unwillingness to provide documentation of alien status for any household
				member, that member shall be classified as an ineligible alien.