Library: Policy

OKDHS:10-1-26. Requirements

Issued 4-1-98

     To be eligible to be included in an AFDC payment, an individual must be either:

• (1) A citizen or a "national" of the United States including the 50 states, District of Columbia, commonwealth of Puerto Rico, Virgin Islands, Guam, American Samoa and Northern Mariana Islands. Persons from the Marshall Islands are classified as "permanent non-immigrants", and eligible the same as citizens or nationals.
• (2) An alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, including any alien lawfully in the United States as a refugee, parolee or asylee pursuant to Section 207(c), prior to April 1, 1980, Section 208 and Section 212(d)(5) of the Immigration and Nationality Act.
• (3) Certain legalized aliens granted temporary resident status pursuant to Section 201 or 302 of the Immigration Reform and Control Act of 1986 (PL 99-603) only if they meet one of the requirements as in (A) - (C) of this paragraph.
  • (A) Cuban and Haitian entrants [PL 96-422 Sec. 5O1E] whose status has been adjusted to lawful temporary residents; or,
  • (B) If not a Cuban or Haitian entrant as described in (A) of this paragraph, was adjusted to lawful temporary status more than five years prior to application.
  • (C) All other legalized aliens are ineligible for AFDC for a period of five years from the date that temporary resident status was granted.
• (4) A declaration of citizenship or alien status is required for all adults and children in the case. This requirement is met when all adults in the case have signed the application form attesting to the status indicated for all case members on page 1 of Appendix L, Chapter 10.
• (5) Persons determined as having lawful alien status must have the status verified through Systematic Alien Verification for Entitlements (SAVE). In situations which require a written inquiry to the INS (Secondary Verification - Form G-S45) the county may not delay, deny, terminate, or reduce benefits to - an alien pending INS verification of submitted documentation.
• (6) All persons born in the United States are, with rare exceptions, United States citizens. Documents of citizenship or "national" status of individuals from certain United States territories or possessions listed in (1) of this subsection may not be in their possession nor available. However, their status can usually be determined by birth certificate, passport, or other official document.