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“Helping People Live Better Lives”
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Q9: Are individuals who have been granted asylum or who are refugees eligible for SNAP? A9: No. Individuals who have been granted asylum or who are refugees, including individuals under 18 years of age, are not eligible for SNAP by virtue of that status. With the passage of OBBBA, the only aliens eligible for SNAP are those with the following statuses: lawful permanent resident (LPR), Cuban and Haitian entrant (CHS), or Compacts of Free Association (COFA) citizen. Q10: Will Nebraska restrict Special Immigrant Visa (SIV) holders? A10: Per the law, an alien lawfully admitted for permanent residence as an immigrant, as defined in sections 101(a)(15) and 101(a)(20) of the Immigration and Nationality Act, remains eligible for SNAP. These sections of the Immigration and Nationality Act do not include SIV holders. Section 101(a)(27) defines and includes special immigrants.
Q11: If I have applied for lawful permanent residence but my application is pending, am I considered eligible for SNAP? A11: If your current immigration status makes you eligible for SNAP (and can be verified), you may continue to be eligible for SNAP while your LPR application is pending. Eligibility in that situation is based on your existing immigration status, not on the pending LPR application itself. A pending LPR application, without an underlying eligible immigration status, does not by itself make you eligible for SNAP. Q12: Will this change affect any other benefit programs I may receive? A12: Yes. In Nebraska, the Low-Income Home Energy Assistance Program (LIHEAP) follows the SNAP rules regarding citizenship eligibility, per 476 NAC 2.002.02.
Q13: How will I know if my eligibility will change? A13: The chart below provides information related to specific groups' eligibility. The groups highlighted in yellow represent significant changes. Alien Group Pre-OBBBA Post-OBBBA Non-Citizen U.S. Nationals Eligible Eligible Lawful Permanent Residents (LPR) Eligible after a 5-year waiting period, as long as they meet all other SNAP financial and non- financial eligibility requirements. LPRs may still be eligible for SNAP without a waiting period if they meet one or more of the following conditions: • Are under 18 years old • Have 40 qualifying work quarters • Are blind or disabled • Were lawfully residing in the U.S. and 65 or older on August 22, 1996 • Have a U.S. military connection Eligible after a 5-year waiting period, as long as they meet all other SNAP financial and non- financial eligibility requirements. LPRs may still be eligible for SNAP without a waiting period if they meet one or more of the following conditions: • Are under 18 years old • Have 40 qualifying work quarters • Are blind or disabled • Were lawfully residing in the U.S. and 65 or older on August 22, 1996 • Have a U.S. military connection