Section 121.20 Citizenship

Section 121

Section 121.20  Citizenship

To be eligible for assistance,

an individual shall be either a U.S. citizen or a non-citizen within specific

categories and subject to the following specific restrictions:

a)         Citizenship status – Persons born in the U.S. or in its

possessions are U.S. citizens.  Citizenship can also be acquired by

naturalization through court proceedings or by certain persons born in a

foreign country of U.S. citizen parents.

b)         Non-citizens – The following categories of non-citizens may

receive assistance, if otherwise eligible regardless of their time in the U.S.:

1)         Lawful Permanent Resident Credited with 40 Quarters of Work

A)        Aliens lawfully admitted to the United States for permanent

residence under the Immigration and Nationality Act (INA) who have worked 40 qualifying

quarters of coverage (as defined under Title II of the Social Security Act).

Effective January 1, 1997, in order for a quarter of work to count, the client

must not have received any benefits under a federal means-tested program during

that quarter.

B)        Quarters of a parent count for an alien while the alien is

under age 18.

C)        Quarters of a spouse count for an alien if the alien is still

married to that spouse or the spouse is deceased.

2)         Veterans, Active U.S. Military Service Persons and Their

Dependents.  A veteran honorably discharged from U.S. military service or a

person in active U.S

gram during

that quarter.

B)        Quarters of a parent count for an alien while the alien is

under age 18.

C)        Quarters of a spouse count for an alien if the alien is still

married to that spouse or the spouse is deceased.

2)         Veterans, Active U.S. Military Service Persons and Their

Dependents.  A veteran honorably discharged from U.S. military service or a

person in active U.S. military duty and the spouse or dependent child or

children of such persons meet the citizenship requirement for SNAP if their INS

status is:

A)        lawful permanent resident;

B)        conditional entrant under section 203(a)(7) of INA (8 USC

1153(a)(7));

C)        parolee status for at least a year under section 212(d)(5) of

INA (8 USC 1182(d)(5));

D)        deportation withheld under section 243(h) of INA (8 USC 1253(h))

prior to September 30, 1996 or section 241(b)(3) of INA (8 USC 1231(b)(3)) on

or after September 30, 1996; or

E)        battered spouse or child, or parent or child of a battered

person with a petition pending under section 204(a)(1)(A) or (B) (8 USC 1154(a)(1)(A)

or (B)) or section 244(a)(3) (8 USC 1641(c)) of INA. This status does not apply

if the non-citizen lives with the abuser.

c)         The following non-citizens meet the citizenship requirement

for SNAP indefinitely even if their status later changes to lawful permanent

resident:

1)         refugees admitted under section 207 of INA (8 USC 1157);

2)         asylees

admitted under section 208 of INA (8 USC 1158);

3)         persons for whom deportation has been withheld under section

243(h) of INA (8 USC 1253(h)) prior to September 30, 1996 or section 241(b)(3)

of INA (8 USC 1231(b)(3)) on or after September 30, 1996;

4)         Cuban or Haitian national admitted on or after 4/21/80;

5)         Amerasians from Vietnam and their close family members

admitted through the Orderly Departure Program beginning on 3/20/88;

6)         Afghan

and Iraqi immigrants with special immigrant status under section 101(a)(27) of

INA (8 USC

0, 1996 or section 241(b)(3)

of INA (8 USC 1231(b)(3)) on or after September 30, 1996;

4)         Cuban or Haitian national admitted on or after 4/21/80;

5)         Amerasians from Vietnam and their close family members

admitted through the Orderly Departure Program beginning on 3/20/88;

6)         Afghan

and Iraqi immigrants with special immigrant status under section 101(a)(27) of

INA (8 USC 1101); or

7)         Victims of trafficking, or the minor child, spouse, parent or

sibling of the trafficking victim, who have been certified by, or whose status

has been verified by, the federal Office of Refugee Resettlement (ORR).

d)         Elderly non-citizens who were lawfully residing in the U.S. on

8/22/96, and children lawfully residing in the U.S., and disabled persons

lawfully residing in the U.S.  A person qualifies as elderly if the person was

age 65 on 8/22/96.  A person qualifies as a child if the person is under age

18.  A person qualifies as disabled/blind if the person meets one of the

requirements listed in Section 121.61(a)(1)(B) through (L).  The person must

also have the following status with INS:

1)         lawful permanent resident;

2)         conditional entrant under section 203(a)(7) of INA (8 USC

1153(a)(7));

3)         parolee status for at least a year under section 212(d)(5) of

INA (8 USC 1182(d)(5)); or

4)         battered spouse or child, or parent or child of a battered

person with a petition pending under section 204(a)(1)(A) or (B) of INA (8 USC

1154(a)(1)(A) or (B)) or section 240A of INA (8 USC 1229). This status does not

apply if the non-citizen lives with the abuser.

e)         Hmong or Highland Laotian tribe members and the members' close

family members.  A person lawfully residing in the U.S. that was a member of a

Hmong or Highland Laotian tribe when the tribe helped U.S. personnel by taking

part in a military or rescue operation during the Vietnam era (between August

5, 1964 and May 7, 1975)

tus does not

apply if the non-citizen lives with the abuser.

e)         Hmong or Highland Laotian tribe members and the members' close

family members.  A person lawfully residing in the U.S. that was a member of a

Hmong or Highland Laotian tribe when the tribe helped U.S. personnel by taking

part in a military or rescue operation during the Vietnam era (between August

5, 1964 and May 7, 1975).  This also includes the person's spouse, unmarried

surviving spouse, if deceased, and unmarried dependent children.

f)         Certain American Indians born in Canada.  An American Indian

born in Canada to whom the provisions of section 289 of INA (8 USC 1359) apply,

and a member of an Indian tribe as defined in section 4e of the Indian

Self-Determination and Education Assistance Act (25 USC 5304).

g)         Noncitizens who have lived in the U.S. for at least 5 years in

the following status with INS may receive assistance, if otherwise eligible:

1)         lawful permanent

resident;

2)         conditional entrant

under section 203(a)(7) of INA (8 USC 1153);

3)         parolee

status for at least a year under section 212(d)(5) of INA (8 USC 1182); or

4)         battered

spouse or child, or parent or child of a battered person with a petition

pending under section 204(a)(1)(A) or (B) of INA (8 USC 1154(a)(1)(A) or (B))

or section 240A of INA (8 USC 1229).  This status does not apply if the

noncitizen lives with the abuser.