406 A Guide for Determining Food Stamp Alien Eligibility

A person must be a U.S. citizen or an eligible non-citizen to qualify for food assistance. For most non-citizens, the non-citizen must be both a qualified alien as listed in the left column of the table below and meet one of the eligibility requirements to be eligible. Qualified Aliens Food Assistance Eligibility Criteria Lawfully admitted for permanent residence (LPR). 2. Paroled under Section 212(d)(5) of INA for at least one year 3. Granted conditional entry under 203(a)(7) of INA in effect prior to 4/1/1980 4. A battered spouse, battered child or parent or child of battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of INA 5. Granted asylum under Section 208 of INA 6. Refugee admitted under Section 207 of INA 7. Deportation withheld under 243(h) or 241(b)(3) of INA 8. Cuban or Haitian entrant as defined in 501(e) of Refugee Education Assistance Act of 1980 9. Trafficking victims under the Trafficking Victims Protection Act of 2000 and certain family members (spouses, children & minor siblings) 10. Iraqi and Afghan Special Immigrants (SIV - Special Immigrant Visas) 11. Amerasian immigrants defined under Section 584 of the Foreign Operations, Export Financing & Related Programs Appropriations Act of 1988 Numbers 1 -4, under qualified aliens, must meet one of these requirements below: The following are eligible indefinitely: • Military connection (veteran, active duty, spouse and children) • Lawfully in U.S. and under 18 • Lawfully in U.S. and receiving blind or disability benefits • Lawfully in U.S. and 65 or older on 8/22/96 • Lived in U.S. in a qualified status for 5 years • LPR who can be credited with 40 quarters of work Numbers 5-11, under qualified aliens, are eligible without having to meet an additional requirement The following aliens may be eligible even if they are not qualified aliens as specified in the left column and they may be eligible for an indefinite period of time. • Certain Hmong or Highland Laotians and spouse and children (many are admitted as refugees); • American Indians born in Canada to whom Section 289 of INA applies and members of Indian tribes as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act, 25 U.S.C. 450(e). This provision was intended to cover Native Americans who are entitled to cross the U.S. border into Canada or Mexico. It includes, among others, the St. Regis Band of Mohawk in New York, the Micmac in Maine, the Abenaki in Vermont, and the Kickapoo in Texas. • U. S. Non-citizen National. A person born in an outlying possession of the U.S. (American Samoa or Swain's Island) on or after the date the U.S. acquired the possession or a person whose parents are U.S. non-citizen nationals, subject to certain residency requirements. [6] [1] Revised 3-13-12 [2] Revised 3-13-12 [3] Revised 3-13-12 [4] Revised 3-13-12 [5] Revised 3-13-12 [6] Revised 3-13-12