WAG 03-01-03-f: Noncitizen Who Has Not Lived in the U.S. for 5 Years

PM 03-01-03-f

Lawful Permanent Resident with 40 Qualifying Quarters

Verify Permanent Resident Status

Verify the resident status of noncitizens who state they are in permanent residence status using one of the following items:

  • Alien Registration Receipt Card (I-151 or I-551);
  • Memorandum of Creation of Record of Lawful Permanent Residence (I-181a); or
  • Arrival-Departure Record (I-94) in a passport stamped: Processed for I-551. Temporary evidence of lawful admission for permanent residence. Employment authorized.

Verify 40 Qualifying Quarters

Whose Quarters Count

Add together the qualifying quarters of the following persons to compute 40 qualifying quarters:

  • the noncitizen;
  • their parents, for earnings when the noncitizen was under age 18;
  • their stepparent for earnings when the noncitizen was under age 18 (relationship must still exist, unless relationship ended due to death);
  • their spouse, for earnings during the marriage; or
  • their former spouse, for earnings during the marriage if the marriage ended by death.

See PM 04-05-01 for the definition of a parent.

How Many Years Have They Lived Here

Determine how many years the noncitizen, and each of the persons listed above have lived in the U.S. Add together the number of years each person lived in the U.S.

If the total is less than 10 years, ask if the wage earner(s) ever commuted to work in the U.S. from another country before coming here to live, or while a legal resident of the U.S., worked in another country for a U.S. company or in self-employment. If Yes, determine the number of years and add them to the total.

If the total is less than 10 years, the noncitizen cannot meet the 40 quarter requirement. Deny benefits to the noncitizen.

If the total is at least 10 years, continue the determination.

How Many Years Were Worked

If the noncitizen thinks that their work and the work of their parents and/or spouse will total 10 years, continue the determination.

If the noncitizen does not believe that their work and the work of their parents or their spouse will total 10 years, deny benefits to the noncitizen. Be sure the noncitizen fully understands that the quarters can be added together.

Get Signed Consent Forms

Who Has to Sign

Signed consent forms are needed for spouse/parents of persons applying for SNAP benefits whose quarters the SNAP unit believes meet the requirement and the spouse/parents are not in the SNAP unit and still alive. Persons applying for SNAP do not have to sign consent forms. It is not necessary to get a signed consent form when requesting information about a person's quarters who has died.

What Needs to Be on the Consent Form

On Consent for Release of Information (Form SSA 3288), the parent/spouse must:

  • indicate that the information can be released to both the Department and the applicant;
  • indicate that their SSN, identifying information, information about benefit payments, and other (qualifying quarters information 1937-present) may be released; and
  • sign, date, and indicate their relationship to the applicant.

File the consent form in the case record. SSA may need to see it if a question is raised.

Do not request a Quarters of Coverage (QOC) clearance until the signed consent form has been returned to the Family Community Resource Center.

Cannot Obtain Consent Form

When a parent/spouse refuses to sign the consent form, you cannot use the automated Quarters of Coverage inquiry to verify the qualifying quarters. If quarters of a parent/spouse are needed to meet the 40 quarter requirement, and they cannot be verified by an AWVS or wage information already in the case record, ask the SNAP unit for other verification of earnings, such as pay stubs, or Declaration of Employment (Form 3680).

Making the Determination

  1. Review the Quarters of Coverage Inquiry for the noncitizen and their spouse and/or parents. Refer to WAG 22-14-03-d.

    Count qualifying quarters worked by a spouse during the marriage, if still married or if the spouse has died. Count qualifying quarters worked by a parent while the noncitizen was under age 18. If the combined total countable qualifying quarters add up to 40, the noncitizen meets the 40 quarter requirement. 

  2. If the quarters do not add up to 40, determine if there were earnings claimed that do not show up in the QOC Inquiry. If the quarters that do not appear are not lag, tell the client that they may go to SSA to correct their record.
  3. If the SNAP unit claims qualifying quarters that do not appear on the QOC Inquiry, and they cannot be verified by an AWVS or wage information already in the case record, ask the SNAP unit for other verification of earnings, such as pay stubs, or Declaration of Employment (Form 3680) for each wage earner the noncitizen claims.
  4. Use the worksheet on the back of Form 3680 and the instructions provided in WAG 25-03-13 to figure qualifying quarters for earnings for quarters not appearing on the QOC Inquiry.

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