Eligibility Criteria 430-05-30-60-10

 

(Revised 01/01/04 ML2893)

 

To determine if an individual is an eligible alien the individual must meet the criteria on the chart.

 

Eligible immigration status stands alone for purposes of determining eligibility. Adjustment to a more limited status does not override eligibility based on an earlier less rigorous status. If eligibility expires in one eligible status, the alien may be eligible under another.

 

IF THE ALIEN WAS ADMITTED AS:

FOOD STAMP ELIGIBILITY

ACCEPTABLE VERIFICATIONS OF IMMIGRANT/ALIEN STATUS

Refugee under section 207 of the Immigration and Nationality Act (INA)

Eligible upon entry.

- INS Form I-94 showing entry as refugee under Section 207 of the INA and date of entry into U.S. (The arrival date is the date used to determine entry date.); or

- INS Form I-688B annotated 274a.12(a)(3) (The arrival date is the date used to determine entry date.); or

- INS Form I-766 with code A3; or

- INS Form I-571; or

- INS Form I-551 or I-151 with codes RE1, RE2, RE3, RE4, RE5, RE6, RE7, RE8, RE8b, RE9, IC6 or IC7.

Victim of Human

Trafficking

Eligible upon entry.

- Certification Document from the Office of Refugee Resettlement (ORR).

Asylee under Section 208 of INA

Eligible upon entry.

- INS Form I-94 showing grant of asylum under section 208 (The arrival date is usually the date of designated status.); or

- INS Form I-766 annotated A5; or

- Grant letter from Asylum Office of the INS; or

- Order from immigration judge granting asylum; or

- INS Form I-688B annotated 274.a12(a)(5) (The arrival date is usually the date of designated status.); or

- INS Form I-766 with code A5; or

- INS Form I-551 or I-151 with codes AS6, AS7, AS8, or AS9.

Deportation withheld under section 243(h) of the INA as in effect prior to April 1, 1997 or whose removal is withheld under section 241(b)(3) of the INA.

Eligible upon entry.

Individuals whose deportation has been withheld should have a court order. The date of the court order is the designated status date.

- Immigration Judge order showing deportation withheld under section 243(h) or 241(b)(3) of the INA & date of grant; or

- INS Form I-688B annotated 274a.12(a)(10); or

- INS Form I-766 with code A10.

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

Eligible upon entry.

- INS Form I-94 showing admission under section 203(a)(7) Refugee-Conditional Entry in effect prior to 04/01/1980; or

- INS Form I-688B annotated 274a.12(a)(3); or

- INS Form I-766 annotated A3; or

- INS Form I-551 or I-151 with code R86.

Cuban/Haitian Entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.

Eligible upon entry.

- INS Form I-551 with code CU6, CU7, or CH7

- INS Form I-94 with code CU6 or CU7, or stamped Cuban/Haitian Entrant under Section 212(d)(5) of the INA (The arrival date is usually the date of designated status.)

- Unexpired temporary I-551 stamp in foreign passport.

Amerasian Entrant as defined in section 584 of PL 100-202, as amended by PL 100-461.

Eligible upon entry.

- INS Form I-551 with code AM6, AM7, or AM8

- INS Form I-94 with code AM1, AM2, or AM3 (The arrival date is usually the date of designated status.)

- Unexpired temporary I-551 stamp in foreign passport.

Hmong or Highland Laotian

Eligible if:

- was a member at the time the tribe rendered assistance to the U.S. during the Vietnam era from 08/05/1964 through 05/07/1975; or

- spouse or unmarried dependent child of Hmong/Highland Laotian, if they meet one of the following:

  1. Spouse remains married to the tribal member; or

  2. Was married to the member at the time of the member's death and has not remarried;

  3. An unmarried dependent child under the age of 18 or if they are a full-time student under the age of 22. This also applies if the parent is deceased provided that the child was dependent on the parent at the time of death.

An unmarried disabled child age 18 or older if the child was disabled and dependent on the parent prior to the child’s 18th birthday.

Child in (c) above means biological or adopted.

- States tribe meets Vietnam era involvement and has:

- INS Form I-94 showing entry as refugee under Section 207 of INA and date of entry into the U.S.; or

- INS Form I-551 or I-151 unless form is marked as admitted under Section 249 & entered after 01/01/72; or

- On master list located in State Office.

Lawfully Admitted for Permanent Residence

Eligible regardless of entry date if:

- meets the 40 quarters requirement.

- has resided in the US for 5 years with a LPR status.

- INS Form I-551 or I-151 (Resident Alien card)

- If the individual was admitted under Section 249 and entered after January 1, 1972, no eligibility exists.

- Any status code on the I-551 is acceptable unless the I-551 is annotated with 1B6, 1B7, 1B8 and the individual does not meet battered alien criteria.

- Unexpired Temporary I-551 stamp in foreign passport or on the I-94 form also verifies the individual is admitted for lawful permanent residence.

Parolee under section 212(d)(5) of the INA and status is granted for at least one year

Eligible upon entry.

- INS Form I-94 stating admission under section 212(d)(5) of the INA.

Battered spouse or child

Eligible if:

- veteran or on active duty in U.S. armed forces or spouse or unmarried dependent child of veteran or person on active duty; and

- an alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse or parents’ family residing in the same household as the alien at the time of the abuse, an alien whose child has been battered or subjected to battery or cruelty, or an alien child whose parent has been battered. The battered spouse or child cannot be living with the family who battered them.

- I-551 annotated with 1B6, 1B7, 1B8; or

- Other INS documentation of battered status - contact State Office for clarification.

American Indians

Eligible if:

- American Indian born in Canada who possesses at least 50% of blood of the American Indian race to whom the provisions of section 289 of the INA apply; or

- 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. 450b(e)) which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians.

- Contact State Office if assistance if needed.

- Verification of 50% American Indian blood (birth records, affidavits from tribal officials or other acceptable documentation. (Can usually be obtained from BIA or Northern Indian Affairs.); or

- Verification of membership in American Indian Tribe; or

- I-551 annotated with K1C, K1P, or S13.

 

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