Department of Human Services

Food Stamp Online  Policy Manual

Citizenship and Alien Status Requirement

Revised: 

6.7

DETERMINATION OF QUALIFIED ALIEN STATUS

Food Stamp Table of Contents

1240-1-3-.12(b) 

A determination that an applicant is a qualified alien is the first step in determining if the individual is food stamp eligible. A qualified alien meets one of the following criteria as determined by BCIS:

 

1.      Lawfully admitted for permanent residence (LPR) in the United States. This category also includes “Amerasian immigrants” as defined under section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988.

 

2.      A refugee admitted to the United States under section 207 of the Immigration and Nationality Act (an alien who meets this condition, who is otherwise eligible, may receive benefits from the date of entry);

 

3.      An alien granted asylum under section 208 of the Immigration and Nationality Act (an alien who meets this condition, who is otherwise eligible, may receive benefits from the date of entry);

 

4.      An alien whose deportation is being withheld under section 243(h) or section 241(b)(3) of the Immigration and Nationality Act (an alien who meets this condition, who is otherwise eligible, may receive benefits from the date of entry);

 

5.      An alien granted status as a Cuban or Haitian entrant [as defined in section 501(e) of the Refugee Education Assistance Act of 1980] (an alien who meets this condition, who is otherwise eligible, may receive benefits from the date of entry); or

 

6.      An alien admitted as an Amerasian immigrant under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (an alien who meets this condition, who is otherwise eligible, may receive benefits from the date of entry).

 

7.      Iraqis and family members were granted special immigrant status through the Consolidated Appropriations Act of 2008.  The effective date of eligibility is based on the date the special immigrant status is granted not when the household applied. The Defense Appropriations Act (P.L. 111-118) Section 8120 has stated that these immigrants will be treated like regular refugees with the same period of eligibility. 

 

8.      Afghanis and family members granted were granted special immigrant status through the Consolidated Appropriations Act of 2008.  The effective date of eligibility is based on the date the special immigrant status is granted not when the household applied. The Defense Appropriations Act (P.L. 111-118) Section 8120 has stated that these immigrants will be treated like regular refugees with the same period of eligibility. 

 

Note:  Individuals initially admitted on the basis of items 2 - 8 above continue to be eligible for food stamp benefits during the first seven years they are admitted or granted the applicable status, if otherwise eligible. This is true regardless of any later adjustment to another status which leaves the alien without a qualifying condition under which to be eligible for food stamps. An example of this is an immigrant initially granted asylum in January 2009 whose status is adjusted by the BCIS to lawfully admitted for permanent residency (LPR) in January 2010. As an LPR, this immigrant does not meet a criteria to qualify for food stamps; however, he still remains food stamp eligible as an asylee for seven years or until he meets a qualifying condition which makes him eligible for an unlimited period. Any time the qualified alien meets a condition specified under Qualified Aliens – Unlimited Eligibility Period, the seven-year limit is no longer applicable.

 

Glossary of Terms

Food Stamp Table of Contents