A noncitizen is defined as an individual who has immigrated from another country to the United States for the purpose of residing in the U.S. An eligible noncitizen is someone who was lawfully admitted for permanent residence or lawfully residing in an eligible noncitizen status. The criteria for an eligible noncitizen differs between TAFDC, EAEDC and SNAP. Be sure to confirm the noncitizen’s eligibility with the specific program’s regulations on noncitizens.
An individual who is a visitor, diplomat or student from another country has not been admitted for permanent residence and is a nonimmigrant. This individual is ineligible for TAFDC, EAEDC or SNAP benefits.
An individual who is a non legally-residing noncitizen who presents a Final Order of Deportation is ineligible.
When a noncitizen applying for SNAP benefits indicates an inability or unwillingness to provide information or acceptable verification of an eligible noncitizen status that person will be ineligible. In such cases you must not continue efforts to obtain documentation. Likewise, if a noncitizen applying for SNAP benefits indicates an inability or unwillingness to provide, or apply for, a Social Security Number due to immigration status that person is ineligible. You shall not continue efforts to obtain documentation. SNAP eligibility will be determined for the remaining members of the household who verify an eligible noncitizen status.
SNAP Eligible Qualified Noncitizen Status
A noncitizen’s eligibility for SNAP benefits depends on the noncitizen being a qualified noncitizen and meeting certain conditions related to the qualified noncitizen status.
A qualified noncitizen means a noncitizen who at the time the noncitizen applies for or receives SNAP benefits is in one of the following categories as determined by the United States Citizen and Immigration Service (USCIS):
Refugees admitted under section 207 of the INA
Victims of Severe Forms of Trafficking admitted with the letter from the Department of Health and Human services verifying the client is a victim of Trafficking
Iraqi and Afghan Noncitizens with Special immigration Status
Asylees admitted under section 208of the INA
Deportation is Withheld-These noncitizens whose Deportation is Withheld are admitted under section 243(h) or whose removal is withheld under section 241(b)(3) of the INA
Cuban/Haitian Entrants (as defined in section 501(e) of the Refugee Education Assistance Act of 1980)
Amerasians as defined in section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1988
Paroled as a Refugee or Asylee under section 212(d)(5) of the INA for at least one year
Conditional Entrant under section 203(a)(7)of the INA
Battered Noncitizens; and
Legal Permanent Residents
Members of Hmong and Highland Loation Tribes
Veterans and Active Duty Personnel
Verifying 40 Quarters
Noncitizens that have 40 quarters of work experience may be eligible for SNAP benefits.
SNAP regulations provide that certain qualified noncitizens may be eligible for SNAP based on disability as long as the disability meets RSDI or SSI standards regardless of date of entry into the U.S.
State Data Exchange (SDX) Noncitizen Indicator Codes
The Noncitizen Indicator Codes on the State Data Exchange (SDX) Basic Screen in PACES, is a one-letter code which represents the individuals citizen/noncitizen status as determined by the Social Security Administration, if an application has been made, and is another source to assist you in the determination of an applicants eligibility.
Verification of Noncitizen Status
A noncitizen applying for SNAP benefits and claiming an eligible noncitizen status must verify that he or she is present in the United States (U.S.) under one of the noncitizen statuses. The noncitizen must submit verification in accordance with Department procedures of the eligible noncitizen status and the date the status was granted for each member of the household at application, at recertification or when the status of the noncitizen changes or is questionable. In addition, the noncitizen must verify other noncitizen eligibility requirements as described under the applicable noncitizen status above. Verification of an eligible noncitizen status must be presented before the determination of SNAP eligibility.
Verification of Immigration Status
At application the applicant must provide documentation of immigration status only for household members applying for benefits. Once provided the information must be verified through the Systematic Alien Verification for Entitlements (SAVE). This is done by accessing the SAVE system, selecting the Initial Verification Button in the SAVE system and completing the request form. Once submitted the system will verify the information or, in certain circumstances, prompt the user to institute a secondary verification. Sponsor deeming information may also be requested on the request additional verification window of SAVE.
Certain noncategorically eligible noncitizen households are subject to sponsor deeming. Sponsor Deeming is the counting of the income and assets of the sponsor(s) based on the amount on the affidavit of support or current verification of the sponsor(s) circumstances whether or not monies are actually given to the sponsored noncitizen.
Ineligible Legal Noncitizen Status
An individual present in the U.S. under conditions or sections of the INA not described above, notwithstanding a legal noncitizen, is ineligible for SNAP benefits. His or her income or assets shall be considered in their entirety for the remaining household members (See Nonimmigrants).
Entering Citizenship Data
Entering INS Designation
Entering Legal Permanent Resident Data
Entering Noncitizen Data
Entering Sponsor Deeming Data
Noncitizen Policy and Procedures