305.09 Determining Qualified Alien Status SR 02-32, 10/02 (FSM-A)

To be eligible, non-citizens must first be qualified aliens.

Exception: Certain American Indians and Hmong or Highland Tribe Members are eligible for food stamp benefits regardless of whether they are qualified aliens. See Section 305.01, Definition of US Citizen.

A qualified alien * is a non-citizen whose status on the date of their entry into the U.S. is listed below:

• Lawfully admitted permanent resident under the Immigration and Nationality Act (INA);

Exception: Permanent Residents previously admitted under a status in the Refugee group, have eligibility determined the same way as the Refugee’s group without regard to work quarters.

• Asylee granted such status under section 208 of the INA;

• Refugee admitted to the U.S. under section 207 of the INA;

• Non-citizen whose deportation is being withheld under section 243(h) of the INA (Note: after April 1, 1997, withholding of deportation is under section 241(b)(3));

• Parolee paroled into the U.S. under section 212(d)(5) of the INA for a period of at least 1 year;

• Conditional entrant into the U.S. under section 203(a)(7) of the INA as in effect prior to April 1, 1980;

• Cuban or Haitian entrant under section 501(e) of the Refugee Education Assistance Act;

• Amerasian immigrant under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (usually the children of Vietnamese women and Americans present in Vietnam during the Vietnam War era);

• Non-citizen who is or has been battered or subjected to extreme cruelty while residing in the U.S. by that person’s spouse, or by another member of the spouse’s family residing in the same household as the parent and the spouse acquiesced or consented to such battery or cruelty; or the non-citizen child of a battered parent;

• Veteran or active in military service, including non-citizens on active military duty in the Armed Forces of the U.S., honorably discharged veterans who have met the minimum active duty commitment (24 months or the time period for which they were called to active duty), and their spouses or unremarried surviving spouses (if the individual is deceased), unmarried dependent children under 18 years of age, and Philippine nationals who served in the Philippine Commonwealth Army during WWII or as Philippine Scouts following WWII.

• Non-citizen receiving disability benefits for blindness or disability. See FSM 229.03, Definition of Disabled.

All other non-citizens, unless otherwise specified, are ineligible for food stamps regardless of date of entry into the U.S. or INS status.

The chart below summarizes eligibility status and is to be used as a general guide only. The chart below does not replace policy stated in the whole of PART 305, Citizenship.

Qualified Alien Group

Eligibility Status

• Permanent Resident Aliens with 40 Work Quarters – the 40 quarters may include quarters earned by a spouse, or the parent if the alien is a child.

Note: Permanent Residents previously admitted under a status in the Refugee group, have eligibility determined the same way as the Refugee’s group without regard to work quarters

• eligible regardless of date of entry into the U.S.

• Refugees

• Asylees

• Those granted withholding of deportation by INS

• Amerasian Immigrants

• Cuban/Haitian Entrants

Includes current Permanent Residents who entered the country in one of these statuses, regardless of work quarters.

• eligible for the first 7 years from date of entry, date of INS action to grant corresponding status, or to withhold deportation.

• not eligible after the 7 year period unless:

- has military service;* or

- meets the definition of disabled in FSM 229.03 (target population), and receives disability benefits.

• Conditional Entrants

(status granted prior to 4/1/80)

eligible regardless of date of entry only if:

• has military service;* or

• meets the definition of disabled in FSM 229.03 (target population), and receives disability benefits.

• Permanent Resident Aliens Without 40 Work Quarters

Note: Permanent Residents previously admitted under a status in the Refugee group, have eligibility determined the same way as the Refugee group without regard to work quarters.

• Granted parolee status for one year or more by INS

eligible regardless of date of entry only if:

• has military service;* or

• meets the definition of disabled in FSM 229.03 (target population), and receives disability benefits.

• Adult victims of domestic violence and their children (with certain conditions)

eligible regardless of date of entry only if:

• has military service;* or

• meets the definition of disabled in FSM 229.03 (target population), and receives disability benefits.

• American Indians if members of an Indian Tribe

• Canadian born Indians of at least 50% American Indian blood

• eligible

Individuals in the U.S. by 8/22/96 who are:

• children under 18; or

• born before 8/23/31 (age 65 or older).

• eligible (this mixed "group" is unique to the Food Stamp Program)

• Hmong or Highland Laotian tribe members who helped the U.S. in the Vietnam War, plus spouses, widows, and dependent children

• eligible

* "Military Service" includes anyone who has met the minimum active duty requirements or who is on active military duty, and includes the spouse and unmarried, dependent children. Also includes unremarried surviving spouse of a veteran who died during active duty service, and Filipinos who served in the Philippine Commonwealth Army during WW II or as Philippine Scouts following the war.