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Chapter: 1400 Technical Requirements Program: FS 3 1410.0104 Noncitizens (FS) Noncitizens may qualify for food stamps based on their status granted by U.S. Citizenship and Immigration Service (USCIS). The following sections discuss different types of noncitizens and their eligibility.

The following individuals are eligible for food stamps indefinitely under the factor of citizenship even if they do not meet the qualified noncitizen status:

1. Persons who were Hmong or Highland Laotians tribe members between August 5, 1964 and May 7, 1975 (including spouses and children, and un-remarried surviving spouses) lawfully living in the United States.

2. American Indians born in Canada, who are residing in the U.S., are eligible for food stamps, based on the factor of immigration status, if they are subject to Section 289 of the Immigration and Nationality Act or a member of an Indian Tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act. Proof of this status includes:

a. I-551 with code S-13; b. unexpired temporary I-551 stamp in a Canadian passport; c. I-94 with code S-13, or d. a letter or other tribal document certifying at least 50% American Indian blood, as required by Immigration and Nationality Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1410.0105 Qualified Noncitizens (FS) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA). 1410.0106 Lawful Permanent Resident (FS) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the U.S. and has permission to live and work in the U.S. LPRs may be eligible for food stamps based on citizenship if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present, 2. on or after 8/22/96 under a prior asylee, refugee, Amerasian, deportation withheld or Cuban/Haitian Entrant status, or 3. on or after 8/22/96 and have lived in the U.S. as a qualified noncitizen for at least five years or if they can be credited with 40 quarters of work. Quarters are the basic unit used by the Social Security Administration to determine an individual’s coverage status for benefits. The term “calendar quarter” refers to a period of three calendar months ending on March 31, June 30, September 30, or December 31. An individual may accumulate quarters by earning at least a certain amount of income for a calendar quarter or earning at least a designated amount of money during the calendar year. At no time may an individual earn more than four qualifying quarters in one calendar year. Quarters of coverage are based on wages or self-employment income, which require the payment of Social Security taxes.