Food Stamp Policy on Immigrants
A person must be a U.S. citizen, a member of a small group of certain non-citizens, or an eligible non-citizen to qualify for
food stamp benefits.
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Non-citizens who qualify outright. |
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There are some immigrants who are immediately eligible for
FSP benefits without having to meet other immigrant requirements, as long as they meet the normal food stamp requirements:
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Non-citizen nationals (people born in American Samoa or Swain’s Island).
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American Indians born in Canada.
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Members (born outside the U.S.) of Indian tribes under Section 450b(e) of the Indian Self-Determination and Education Assistance Act.
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Members of Hmong or Highland Laotian tribes that helped the U.S. military during the Vietnam era, and who are legally living in the U.S., and their spouses or surviving spouses and dependent children.
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Qualified aliens eligible with no waiting period. |
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If a person is not a citizen, or one of the other groups above, he or she has to be a qualified alien to get food stamps. The following qualified aliens are eligible with no waiting period:
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Granted asylum under Section 208 of the Immigration and Naturalization Act (INA)
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Refugee admitted under section 207 of INA.
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Deportation withheld under 243(h) or 241(b)(3) of INA.
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Cuban or Haitian entrant as defined in 501(e) of the Refugee Education Assistance Act of 1980.
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Amerasian immigrant under 584 of the Foreign Operations, Export Financing and Related Program Appropriations Act.
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Lawful Permanent Resident (LPR) with a military connection (veteran, on active duty, or spouse or child of a veteran or active duty service member).
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Qualified aliens eligible after a waiting period. |
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A qualified alien who does not belong to one of the groups above can get food stamps if he/she is otherwise eligible, and is:
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An LPR who has earned, or can be credited with, 40 quarters of work.
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A qualified alien in one of the following groups who has been in qualified status for 5 years:
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An LPR who has earned, or can be credited with, less than 40 quarters of work. |
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Paroled for at least one year under section 212(d)(5) of INA
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Granted conditional entry under 203(a)(7) of INA in effect prior to
4/1/80. |
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Battered spouse, battered child or parent or child of a battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of INA. |
On Oct. 1, 2003, members of these groups under 18 will be eligible without a waiting period. (Continuing eligibility will be reviewed once the alien reaches age
18.)
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Special eligibility conditions. |
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The following qualified aliens, as defined above, are also eligible without a waiting period:
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Lawfully in the U.S. on Aug. 22, 1996, and currently under age 18. (Continuing eligibility will be reviewed once the alien reaches age
18.)
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Elderly individuals born on or before Aug. 22, 1931
and who lawfully resided in the U.S. on Aug. 22, 1996.
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Lawfully in the U.S. and receiving government payments for disability or blindness.
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(Some States have programs to supply food benefits in lieu of food stamps to immigrants who do not qualify for food stamp benefits.)
Last
modified:
11/21/2008
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