FACT 39 (Removal of the Time Limitation for Special Immigrant Visa Holders)
Food Assistance Change Transmittal No. 39Action Change Transmittal Letter No. 248
February 4, 2010
TO: ALL FOOD ASSISTANCE CERTIFICATION HANDBOOK HOLDERS ALL CASH ASSISTANCE MANUAL HOLDERS
FROM: Douglas E. Lumpkin, Director
SUBJECT: Removal of the Time Limitation for Special Immigrant Visa Holders

Background: Public Law 110-161 granted Iraqi and Afghan aliens special immigrant visas under section 101(a)(27) of the Immigration and Nationality Act (INA). Individuals and family members who have been granted this special immigrant status are eligible for resettlement assistance, entitlement programs and other benefits, the same as refugees admitted under section 207 of the INA for a period of eight months. For Afghan aliens, this eligibility was limited to six months from the date of entry to the United States.

Public Law 111-8 under section 602 of the Omnibus Appropriations Act of 2009 extended the Afghan special immigrant eligibility period for Ohio Works First and Food Assistance to eight months from their date of entry to the United States or the date of adjustment to special immigrant visa status.

New Policy: H.R. 3326, "Department of Defense Appropriations Act, 2010" (Public Law 111-118), has removed the eight-month limitation on cash and food assistance benefits for Iraqi and Afghan special immigrant visa holders. These individuals will now be able to receive benefits in the same manner as individuals admitted to the United States as refugees. Rules 5101:4-3-07, 5101:1-2-30 and 5101:1-2-40 of the Ohio Administrative Code will be amended to reflect changes in the federal regulations.

Food Assistance Eligibility: With the authority of Section 8120 of Public Law 111-118, effective December 19, 2009, the eligibility time limit for Iraqi and Afghan aliens with special immigrant visa status has been removed. An Iraqi or Afghan alien with special immigrant visa status will be considered a qualified alien under rule 5101:4-3-07. These individuals are eligible to receive food assistance indefinitely, provided all other eligibility requirements are met.

Ohio Works First (TANF) Eligibility: Section 8120 of Public Law 111-118 removes the eligibility time limit for Iraqi and Afghan aliens with special immigrant visa status. As of December 19, 2009, an Iraqi or Afghan alien with special immigrant visa status may be eligible for TANF benefits for the same time period as a refugee.

Prior to the enactment of Public Law 111-118, Iraqi and Afghan aliens with special immigrant visa status could receive TANF benefits for up to eight months. They then had to wait five years before being eligible for additional public benefits. Effective with this Public Law, Iraqi and Afghan aliens with special immigrant visa status are no longer subject to a five-year waiting period for TANF benefits.

Refugee Social Services Program (RSSP) Eligibility: In accordance with Section 8120 of Public Law 111-118, effective December 19, 2009, Iraqi and Afghan aliens with special immigrant visa status are eligible for RSSP services for five years from the date of admission to the United States or five years from the date special immigrant visa status was awarded in the United States under section 101(a)(27) of the INA.

Action Required: County agencies that become aware of any special immigrant visa holders who were terminated or denied benefits or services on or after December 19, 2009, should re-determine those terminations or denials using this new policy.