3. INDIVIDUALS WHO ARE NOT U.S. CITIZENS OR NATIONALS BUT ARE POTENTIALLY ELIGIBLE FOR FEDERAL SNAP

(a) Supplemental Verification serves two purposes:

(i) These documents may aid the Department in securing required data matches.

(ii) In instances where a data match from DHS indicates that DHS cannot yet provide a definitive result due to a technical error, the Department shall honor the attested to status on the supplemental verification until such time that a data match response is received from DHS.

(b) Unless detailed otherwise within the type below, Supplemental Verification is the most current version of a letter or other document from DHS that includes—

(i) a statement that the individual has been granted the status,

(ii) the individual’s full name, and

at least one of the following:

the individual’s social security number,

the individual’s immigration related A-Number,

the individual’s passport number, or

the individual’s date of birth.

Controlling Verification Type

Once the Department receives a data match response from DHS, the data match from DHS is the controlling verification type. Should there be a discrepancy between this data match and the status attested to by the individual the Department shall—

use the status verified through the data match for all eligibility determinations and

provide the individual with contact information to resolve the conflict with DHS.

Individuals with the following noncitizen types are potentially eligible for Federal SNAP.

(1) Cuban and Haitian Entrants

(a) Description

(i) individuals granted and retaining Cuban and Haitian entrant status as defined in the notes of 8 U.S.C. § 1641;

(ii) any noncitizen who is a national of Cuba or Haiti and

was paroled into the United States and has not acquired any other status,

b) is the subject of removal proceedings or has an application for asylum pending; and

c) to whom a final order of removal has not been entered.

(iii) individuals who were granted Cuban and Haitian entrant status as defined in the notes of 8 U.S.C. § 1641 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

(iv) individuals who, at one time, did or would have qualified per Subclause a (ii) above and retain a status that would otherwise qualify them for SNAP.

Special Conditions

Individuals who have been granted this status and have not had it terminated have no waiting period or other conditions to receive benefits, even if they currently hold a different status.

Additional Supplemental Verification for Cuban and Haitian Entrants

To aid in the verification process, individuals with this noncitizen status are encouraged to provide—

the most current version of a letter or other document from DHS stating that the individual has been granted Cuban and Haitian entrant status that contains the individual’s full name and at least one of the following:

the individual’s social security number,

the individual’s immigration related A-Number,

c) the individual’s passport number, or

d) the individual’s date of birth.

or

(ii) both—

a) a Cuban or Haitian Passport or Birth Certificate and

b) the most current version of a letter or other document from DHS stating that they have received an application for asylum for the individual that contains the individual’s full name and at least one of the following:

the individual’s social security number,

the individual’s immigration related A-Number,

the individual’s passport number, or

the individual’s date of birth.

(2) Effective March 9, 2024, certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau.

Description

Individuals lawfully residing in the United States in accordance with the Compacts of Free Association (COFA) and 8 U.S.C. § 1641 as amended by the Consolidated Appropriations Act of 2024, P.L. 118-42.

(b) Special Conditions

Individuals who have been granted this status and have not had it terminated have no waiting period or other conditions to receive benefits, even if they currently hold a different status.

(3) Individuals who have been lawfully admitted for permanent residence

Description

Individuals meeting the definition of “lawfully admitted for permanent residence” as defined at 8 U.S.C. § 1101(a)(20) (“LPRs”).

Special Conditions

In addition to being an LPR, at least one of the following special circumstances must be met for individuals to be eligible for Federal SNAP:

(i) The individual was born on or before August 22, 1931 and was lawfully in the U.S. on August 22, 1996 as verified by a data match with DHS.

(ii) The individual has had a qualified status for a period of 5 years from the date of entry as verified by a data match with DHS.

(iii) The individual is under 18 years of age as verified by any government issued document.

(iv) The individual is receiving payments or assistance for blindness or disability.

Acceptable verification of this condition is—

(a) the individual receiving such payments or assistance from OFI;

(b) a data match with the Social Security Administration showing such payments or assistance; or

(c) documents from the agency providing such payments or assistance that contains the individual’s full name and either the individual’s date of birth or social security number.

(v) The individual is an honorably discharged veteran of or on active duty in the United States Armed Forces or is the spouse, unmarried widow, or unmarried dependent child of a veteran or active service member.

(a) A dependent child is the legally adopted or biological child of the individual. An individual ceases to be a dependent child:

1) the month following the month they reach the age of 18 if not a full-time student,

2) the month following the month they reach the age of 22 if they are a full-time student, or

3) never if they were determined disabled prior to their 18th birthday.

(b) Acceptable verification of this condition is:

1) Documents from the applicable branch of the Armed Services showing active-duty status other than training that contains the service member’s full name and either their date of birth or social security number; or

2) Documents from the Veterans Administration showing veteran status that contains the veteran’s full name and either their date of birth or social security number.

3) Verification that an individual meets this condition based on being the spouse or dependent child of the service member or veteran is—

a. documents from the applicable branch of the Armed Services or Veterans Administration showing eligibility for military or veterans benefits as a child or spouse that contains the individual’s full name and either their date of birth or social security number; or

b. the verifications detailed in (1) or (2) above, and

i. for a spouse, a marriage license naming the service member or veteran as the individual’s spouse; or

ii. for a dependent child a birth certificate or adoption record naming the service member or veteran as the individual’s parent and

A. if disabled, verification from the Social Security Administration,

B. if not disabled and between the ages of 18 and 22, school records naming the individual as a current student.

(vi) The individual has 40 qualifying quarters of work.

(a) This condition must be verified through a data match with the Social Security Administration (SSA).

(b) If the initial data match does not show 40 qualifying quarters, the individual states they have 40 qualifying quarters, and the individual is otherwise eligible, the Department shall issue Federal SNAP benefits for up to six months while the individual works with the SSA to rectify the count. If after six months a data match with the SSA still does not show 40 qualifying quarters, the household will be responsible for repaying the benefits issued in error.

NOTE: quarters attributed from a spouse cannot be counted if the individual divorced the spouse prior to the most recent certification for SNAP.

(vii) North American indigenous people born in Canada.

(a) Description

Individuals born in Canada who have at least 50% of their racial heritage from North American indigenous peoples.

(b) Acceptable Verification of this type is an American Indian Card issued by DHS or its predecessors with the classification code “KIC” and a statement on the back denoting U.S. citizenship.

(viii) Indigenous peoples eligible for special programs and services

(a) Description

A member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) which is

recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians.

(b) Acceptable Verification of this type is documentation from the Bureau of Indian Affairs conferring this status.

(ix) Individuals with certain prior humanitarian immigrations statuses

(a) Description

Individuals who are either

1) admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act;

2) granted asylum under Section 208 of the Immigration and Nationality Act; or

3) whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act.

4) individuals who were granted Special Immigrant Status for Certain Iraqis as defined in the notes of 8 U.S.C. § 1157 and did not have it terminated who are now LPRs

5) individuals who were granted Special Immigrant Status for Certain Afghans as defined in 8 U.S.C. § 1157 and did not have it terminated who are now LPRs.

6) Individuals granted Afghan humanitarian parole between July 31, 2021 and September 30, 2023 and did not have it terminated who are now LPRs.

7) Individuals granted humanitarian parole between February 24, 2022 and September 30, 2024 under Section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022 whose parole has not been terminated and who are now LPRs.

(b) Additional Supplemental Verification for individuals with prior humanitarian statuses

In addition to verification from Department of Homeland Security (DHS) data matches, individuals may provide supplemental documentation to establish their status as a refugee, asylee, or with deportation withheld including:

1) immigration documentation including:

a. I-94 with refugee or asylee admission notation,

b. I-571 showing refugee status,

c. I-766 noting asylum or refugee category,

OR

2) official letters from DHS or United States Citizenship and Immigration Service (USCIS) such as:

a. Notice of grant of asylum or approval of refugee status,

b. Written verification from USCIS stating the individual’s status.

(x) Certain Hmong and Highland Laotians

(a) Description

1) individuals lawfully residing in the U.S. who were a tribal member of a Hmong or Highland Laotian tribe at the time the tribe assisted the U.S. military in a military or rescue operation between August 5, 1964 and May 7, 1975.

2) the spouse and/or unmarried dependent children of an individual described in (a) above, and

3) the unmarried, surviving spouse and dependent children of a deceased person described in (a) above except that the tribal member does not have to be lawfully residing in the U.S.

(b) Special Conditions

1) individuals who have this status based on being the spouse of a tribal member have that status terminated if they are divorced from the tribal member.

2) individuals who have this status based on being the surviving spouse of a tribal member have that status terminated if they marry a non-tribal member.

3) to have this status based on being the unmarried surviving dependent child of a tribal member, the individual must have fit the definition of a dependent child of the tribal member at the time of the tribal member’s death.

NOTE: for the purposes of this status, dependent child is the legally adopted or biological child of the individual.

4) individuals who have this status based on being the dependent child or surviving dependent child of a tribal member have that status terminated the earlier of the date—

a. they get married,

b. they exceed the maximum age to be considered a dependent child:

i. if they were determined disabled prior to their 18th birthday there is no maximum age.

ii. if they are not a full-time student, the maximum age is 17,

iii. if they are a full-time student , the maximum age is 21,

Or

c. if the tribal member is still alive, they no longer meet the definition of a dependent child (See (b)(3) NOTE, above) of the tribal member.

(c) Acceptable Verification of this type is—

1) for the tribal member

a. a data match with the United States Department of Homeland Security (DHS) showing—

i. a lawful presence;

ii. a date of birth prior to May 8, 1975;

iii. a country of birth of Laos, Thailand, Cambodia, China, Vietnam, The Philippines, Indonesia, Hong Kong, Malaysia, or Singapore; and

iv. a land date after March 1975.

If the land date is prior to April 1975, the standard is still met if the individual was in the U.S. as a student, for military training, to escape the war, or some similar purpose.

and

b. Either

i. their name is listed on the Refugee Data Center list, or

ii. if they cannot be found on the Refugee Data Center list an affidavit signed by the tribal member or, if they are deceased, their surviving spouse or child swearing under penalty of law that the individual was a member of a Hmong or Highland Laotian tribe between August 5, 1964 and May 7, 1975.

2) for the current or surviving spouse, or dependent child

a. verification of the eligibility of the tribal member as detailed in (1) above and

b. verification of the relationship to the tribal member such as a birth certificate, marriage licenses or tax records.