Rule 18-14-9.2 - Eligibility CriteriaThe following household members meeting citizenship or non-citizen status requirements are eligible to participate in SNAP:
A.U.S. Citizens: U.S. citizens are considered those born in one of the fifty (50) states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Marianna Islands.B.Non-Citizen Nationals: Non-citizen Nationals are persons born in American Samoa or Swain's Island. These persons may be eligible for SNAP benefits on the same basis as U.S. citizens and are not assigned any additional classifications by U.S. Citizenship and Immigration Services (USCIS).C.Certain American Indians: Those born in Canada living in the U.S. under section 289 of the Immigration and Nationality Act (INA) or a member of a federally recognized Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).D.Certain Hmong or Highland Laotian Tribal Members: A non-citizen lawfully residing in the U.S. who was a member of a Hmong or Highland Laotian tribe that helped U.S. personnel in Vietnam (during the period of August 5, 1964 through May 7, 1975). The person's eligibility continues even if the USCIS status changes at a future date. The eligibility also extends to:1. Spouse or surviving spouse of the tribal member;2. Unmarried dependent children under the age of 18 (or under age 22 if a full-time student);3. Unmarried children under the age of 18 (or under 22 if a full-time student) who were dependent on the tribal member at the time of the member's death; and4. Unmarried disabled children of any age who were disabled before age 18 and dependent on the tribal member prior to the child's 18th birthday.E.Trafficking Victims: A non-citizen approved by the U.S. Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR) as a victim of a severe form of trafficking to the same extent as a non-citizen who is admitted to the U.S. as a refugee under Section 207 of the Immigration and Nationality Act (INA) in accordance with the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386, as amended). Eligibility also extends to:1. A non-citizen who has been subjected to a severe form of trafficking and who is under the age of 18 to the same extent as a non-citizen who is admitted to the U.S. as a refugee under Section 207 of the Immigration and Nationality Act (INA); and2. A spouse, child, parent or unmarried minor sibling of a victim for those individuals under 21 years of age and who has received a derivative T visa to the same extent as a non-citizen who is admitted to the U.S. as a refugee under Section 207 of the INA.3. A spouse or child of a victim of a severe form of trafficking in persons 21 years of age or older and who has received a derivative T visa to the same extent as a non-citizen who is admitted to the U.S. as a refugee under Section 207 of the INA.F.Qualified Non-Citizens: These are the categories of qualified non-citizens:1. A non-citizen who was lawfully admitted for permanent residence (LPR) under the INA, including Iraqi and Afghan Special Immigrants (SIV).2. Asylee: An asylee who entered under Section 208 of the INA.3. Refugee: A non-citizen admitted as a refugee under Section 207 of the INA.4. Parolee: A non-citizen paroled into the U.S. under Section 212(d)(5) of the INA for at least one (1) year.5. Deportation or Removal Withheld: A non-citizen whose deportation is withheld under Section 243(h) of the INA as in effect prior to 4-1-97 or whose removal was withheld under Section 241(b)(3) of the INA.6. Conditional Entrant: A non-citizen lawfully present under Section 203(a)(7) of the INA as in effect prior to 4-1-80.7. Battered Non-Citizen: A non-citizen who was subject to battery or extreme cruelty in the United States by a family member (i.e., spouse, parent or member of the spouse's or parent's family) the person previously lived with. This status is granted to a:a) Person if their child was abused, orb) Child whose parent was abused.8. Cuban or Haitian Entrant: A non-citizen from Cuba or Haiti who entered under section 501(e) of the Refugee Education Assistance Act of 1980.9. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) also considers trafficking victims (as defined above) as qualified non-citizens.7 CFR §273.4(a); P.L. 111-118 §8120; 8 U.S.C. §1641