7 CFR § 273.4(a)(3)-(7)

Only some non-citizens who are lawfully present in the United States are eligible for SNAP. To be eligible, a non-citizen must meet one of the following eligible non-citizen criteria.

See Non-immigrant. 

Non-Citizen Status Defined

See Acceptable Non-Citizen Papers for documents that show non-citizen status for the categories listed below.

Afghan Special Immigrant (SIV)

7 CFR § 273.4(a)(6)(ii)(B)

A non-citizen from Afghanistan admitted under Section 101(a)(27) of the INA which grants special immigrant status to individuals who worked with the U.S. government in Afghanistan.

Amerasian

7 CFR § 273.4(a)(6)(ii)(F)

An Amerasian who entered under Section 584 of Public Law 100-202, as amended by Public Law 100-461.

Asylee

7 CFR § 273.4(a)(6)(ii)(C)

An asylee who entered under Section 208 of the INA.

Battered Non-Citizen

7 CFR § 273.4(a)(6)(i)(G)

A non-citizen who was subject to battery or extreme cruelty in the United States.  Extend this status to:

• an individual if their child was abused, or 
• a child whose parent was abused.

Battered non-citizens must meet the following 4 requirements:

• Have an approved or pending petition making a prima facie case in one of the following categories:
• Form I-130, Petition for Alien Relative, filed by their spouse or the child’s parent;
• Form I-130, Petition as a Widow(er) of a U.S. Citizen;
• A self-petition under the Violence Against Women Act; or 
• An application filed as a victim of domestic violence for cancellation of removal, or suspension of deportation. 
• Been abused in the U.S. by a: 
• spouse 
• parent, or
• member of the spouse’s or parent’s family residing in the same household.
• Show a substantial connection between the abuse and the need for public benefits.  

For example:  The assistance is needed:

• due to the loss of financial support or residence,  
• to become self-sufficient, 
• to escape the abuser,
• to relieve nutritional risk that results from separation from the abuser, or 
• to seek medical attention or counseling. 
• The battered non-citizen, child, or parent no longer lives in the same household as the abuser.

Canadian-born Native American

7 CFR § 273.4(a)(3)(i)

Native Americans born in Canada residing in the U.S. under Section 289 of the INA. 

Conditional Entrant

7 CFR § 273.4(a)(6)(i)(F)

A non-citizen lawfully present under Section 203(a)(7) of the INA.

Cuban Entrant

7 CFR § 273.4(a)(6)(ii)(E)

A non-citizen from Cuba who is described by Section 501(e) of the REAA.

Deportation or Removal Withheld

7 CFR § 273.4(a)(6)(ii)(D)

A non-citizen whose deportation or removal was withheld under Section 243(h) or 241(b)(3) of the INA.

Haitian Entrant

7 CFR § 273.4(a)(6)(ii)(E)

A non-citizen from Haiti who is described by Section 501(e) of the REAA.

Hmong or Highland Laotian Tribal Member

7 CFR § 273.4(a)(4)(i)-(iii)

A non-citizen lawfully residing in the U.S. who is a member of a Hmong or Highland Laotian tribe that helped U.S. personnel (during the period of August 5, 1964 through May 7, 1975). The individual’s eligibility continues even if the USCIS status changes at a future date. The eligibility also extends to the:

• spouse of the tribal member;
• unmarried children under the age of 18 (or age 22 if a full time student) who was dependent on the tribal member at the time of the member’s death;
• unmarried dependent children under the age of 18 (or age 22 if a full-time student);
• unmarried disabled children of any age who was disabled before age 18 and was dependent on the tribal member when the child turned 18, and;
• un-remarried surviving spouses.

Iraqi Special Immigrant (SIV) 

7 CFR § 273.4(a)(6)(ii)(B)

A non-citizen from Iraq admitted under Section 101(a)(27) of the INA which grants special immigrant status to individuals who worked with the U.S. government.

Lawful Permanent Resident

7 CFR § 273.4(a)(6)(i)(A)

 

A non-citizen admitted for legal permanent residence in the U.S. under the INA.

Native American with Treaty Rights

7 CFR § 273.4(a)(3)(ii)

Non-citizens with treaty rights to cross the U.S. borders with Canada and Mexico. The individual must be a member of a federally recognized Native American tribe under Section 4(e) of the Indian Self-Determination and Education Assistance Act, including but not limited to:

• Aroostook Band of Micmac Indians in Maine
• Kickapoo of Oklahoma and Texas
• Mashantucket Pequot Tribe in Connecticut
• Mohegan Tribe of Indians of Connecticut
• Tohono O’odham Nation of Arizona

Parolee

7 CFR § 273.4(a)(6)(i)(D)

A non-citizen paroled into the U.S. under Section 212(d)(5) of the INA for at least one year.

Refugee

7 CFR § 273.4(a)(6)(ii)(B)

A non-citizen admitted as a refugee under Section 207 of the INA. 

Trafficking Victim

7 CFR § 273.4(a)(5)(i)-(iv)

A trafficking victim is a non-citizen who:

• Has been approved by the U.S. Department of Health and Human Services (HHS) as the victim of a severe form of trafficking (trafficking victim) in accordance with the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386, as amended), under section 207 of the INA;
• Is a child under the age of 18 who has been subjected to a severe form of trafficking;
• Is the parent or unmarried minor sibling of a victim of a severe form of trafficking in persons who is under 21 years of age, if the parent or unmarried minor sibling received a derivative T visa; or
• The spouse or child of a victim of a severe form of trafficking in persons, if the spouse or child received a derivative T visa.

Military Requirement

7 CFR § 273.4(a)(6)(ii)(G)

Qualified non-citizens meeting one of the criteria below are eligible.  

Military Active Duty

7 CFR § 273.4(a)(6)(ii)(G)(2)-(3)

On active duty with the U.S. Armed Forces (excluding National Guard) for reasons other than training. Includes the active duty individual’s:

• spouse;
• unmarried child who is under age 18 or, if a full-time student, under age 22; and
• unmarried disabled child who is 18 years of age or older if the child was disabled and dependent on the active duty service member prior to the child’s 18th birthday.

Veteran

7 CFR § 273.4(a)(6)(ii)(G)(1) and (3)

A veteran of the U.S. Armed forces who was honorably discharged for reasons not related to non-citizen status.  Also include the:

• Spouse of the veteran, including after the veteran dies, as long as the spouse does not remarry;
• Unmarried child who is under age 18 or, if a full-time student, under age 22;
• Unmarried disabled child who is 18 years of age or older if the child was disabled and dependent on the veteran prior to the child’s 18th birthday; and
• Unmarried child of the veteran, regardless of age, if the child was dependent on the veteran at the time of the veteran’s death.

Note:  “Under Honorable Conditions” does not qualify as an honorable discharge.

Work Quarter Eligibility

7 CFR § 273.4(a)(6)(ii)(A)(1)-(2)

Non-citizens with 40 qualifying work quarters are eligible. 

Count as a qualifying work quarter if worked by:

• the non-citizen;
• a parent of a non-citizen before the non-citizen reached their 18th birthday, including quarters worked before the non-citizen was born; and
• a spouse of the non-citizen during their marriage, as long as the non-citizen remains married to the spouse, or the spouse is deceased.

Each spouse can claim the quarters of the other spouse (unless divorced), and the children can claim the quarters worked by both parents. 

Note:  Only one qualifying quarter can be earned per quarter. Count as one qualifying quarter if both spouses, or both parents, worked the same quarter.

Count both qualifying quarters of work covered and not covered by Title II of the Social Security Act. 

Beginning 1/1/1997, a quarter is not countable if the individual earning the quarter received Federal means-tested assistance at any time during that quarter.