305.11 Eligibility for Certain Qualified Aliens SR 01-24, 08/01 (FSM-A)

Qualified aliens may be eligible for benefits on either an unrestricted or time-limited basis, depending on type of qualified alien status, date of entry into the U.S., and type of benefit requested.

Unless specifically mentioned in Section 305.13, Qualified Aliens Eligible Without Restriction, 305.15, Qualified Aliens Eligible Only for the First 7 Years in the U.S., or 305.17, Qualified Aliens with Restricted Eligibility Based on Date of Entry into the U.S., consider the qualified alien to be ineligible.

Exceptions:

• Victims of Trafficking: Non-citizens who have been certified as a victim of trafficking by the Office of Refugee Resettlement (ORR), and who do not meet the definition of qualified alien, may still be eligible for up to 8 months of food stamp benefits as if the individuals were admitted to the U.S. as refugees. See Section 305.15, Qualified Aliens Eligible Only for the First 7 Years in the U.S., for a description of the eligibility status of refugees. Certified victims of trafficking must meet all other eligibility criteria in order to receive food stamp benefits.

• Native Americans: Native Americans who are members of an Indian tribe as defined in section 4(e) of the Indian Self-determination and Education Assistance Act [25 USC 450(e)], or were born in Canada and are covered under the provisions of section 289 of the Immigration and Nationality Act (8 USC 1359) are eligible for food stamp benefits, regardless of qualified alien status. Canadian-born Indians must have at least 50% American Indian blood.

• Hmong or Highland Laotian Tribe Members: Hmong or Highland Laotian tribe members currently legally residing in the US who were tribal members at the time the tribe rendered assistance to US forces during the Vietnam military or rescue operation beginning August 5, 1964, and ending May 7, 1997, and spouses or unremarried surviving spouses, and unmarried dependent children of the tribe member are potentially eligible for food stamp benefits, regardless of qualified alien status.