Appendix A 2: Citizenship and Eligible Noncitizen Status

Qualified Noncitizen

Column 1

SNAP Criteria

Column 2

• Lawfully admitted for permanent residence (LPR) under the INA

• Granted asylum under section 208 of INA

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

• Paroled into the U.S. under section 212(d)(5) of INA for at least one year

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

• Granted conditional entry under section 203(a)(7) of INA in effect before April 1, 1980

• Battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse or parent’s family residing in the same household as the noncitizen at the time of the abuse, a noncitizen whose child has been battered or subjected to battery or cruelty, or a noncitizen child whose parent has been battered

• Cuban or Haitian entrant as defined in section 501(e) of Refugee Education Assistance Act of 1980 REAA

The following noncitizens may be eligible without a waiting period:

• LPR who can be credited with 40 quarters of work.

• Military connection (veteran, active duty, spouse and dependent children)

• A person lawfully in U.S. and under age 18

• A person lawfully in U.S. ,meets the SNAP definition of disabled or blind and receives blind or disability benefits.

• Lawfully in U.S. on August 22, 1996 and born on or before August 22, 1931

• Lived in the U.S. for 5 years or more as a qualified noncitizen

• Refugee admitted under section 207 of INA

• Asylee admitted under section 208 of INA

• Deportation withheld under section 243(h) or section 241(b)(3) of INA

• Cuban or Haitian under section 501(e) of REAA

• Amerasian immigrant under section 584 of Public Law 100-202, as amended by Public Law 100-461

B. The following noncitizens may be eligible without a waiting period of time even though they are not qualified noncitizens as specified in Column 1:

• Certain Hmong or Highland Laotians (and spouse and dependent children); many are admitted as refugees.

• Members of Indian tribe as defined in section 4(e) of Indian Self-Determination and Education Assistance Act (Cross-border Indians)

• Nationals born in American Samoa or Swain's Island

• Iraqi/Afghani Special Immigrants (SIVs) under Section 101(a)(27)

• Victims subjected to a severe form of trafficking in people under the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386)

C. Ineligible noncitizens include all other noncitizens. For example:

• Visitors, tourists, students, and diplomats here for a temporary purpose with no intent to stay

• Noncitizens admitted under Color of Law

• Undocumented noncitizens

• Noncitizens who have applied for eligible status but not yet approved

• Noncitizens whose status is questionable or unverified