Page 115

ESA SNAP Policy Manual 99 These disqualifications do not apply to convictions for conduct occurring on or before February 7, 2014. Legal Authority Action on households with special circumstances (federal): SNAP: 7 CFR § 273.11(c)(1), 7 CFR § 273.11(n), 7 CFR § 273.11(s); SNAP: 18 USC §§ 2241, 1111, 2251; 34 USC § 12291, et seq. 8.6 Citizenship and Noncitizenship To be eligible for SNAP, individuals must be either a US citizen or a qualified noncitizen. Nationals of Puerto Rico, Guam, US Virgin Islands, Northern Mariana Islands, American Samoa or Swain’s Island are considered equivalent to US citizenship. See Table 25.5.c, SNAP Immigrant Eligibility Decision Guide. Noncitizens eligible for SNAP must also meet other requirements, including income and resource limits. 8.6.1 Qualified Noncitizens Generally, a noncitizen must be a qualified noncitizen, as defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). A qualified noncitizen is someone who meets one of the noncitizen categories outlined in Table 8.6.1.a, Qualified Noncitizens by Immigration Category. Table 8.6.1.a. Qualified Noncitizens by Immigration Category Noncitizen Category Description Lawful permanent resident (LPR) Person granted LPR status (green card holders) Refugee Person admitted as a refugee Persons with Special Immigrant Visas (SIVs) from Iraq or Afghanistan US granted SIV status to certain Iraqi and Afghan translators and interpreters Asylee Person granted asylum under the Immigration and Nationality Act (INA) Deportation or removal withheld Deportation is being withheld under section 243(h) of the INA as in effect before April 1, 1997, or withholding of removal under section 241(b)(3)(B) of the INA Parolee for a year or more Person who has been paroled into the US for at least one year Cuban and Haitian entrant Person paroled into the US as a Cuban or Haitian entrant or any other national from Cuba or Haiti who is the subject of exclusion or removal proceedings or who has an application for asylum pending Battered noncitizens Person battered or subjected to extreme cruelty in the US; under certain circumstances, a battered noncitizen’s spouse or child, noncitizen parent of a battered child or a noncitizen child of a battered parent with a petition pending Return