3-001.03A Household Members Meeting Federal Funding Requirements
475 NAC 3-001.03A
If an individual is in one of the following categories, s/he is eligible for federally funded food stamp benefits:
1. U.S. citizen;
2. Alien veteran who fulfills the minimum active duty service requirements and has an honorable discharge not related to his/her alien status. Minimum active duty is defined as 24 months or the period for which the person was called to active duty;
The following are also considered veterans:
a. Members of a Hmong or Highland Laotian tribe who fought on behalf of the United States during the Vietnam Era;
Note: Eligibility for the federally funded program also includes any member of a Hmong or Highland Laotian tribe at the time the tribe rendered assistance to U.S. personnel by taking part in a military rescue operation between August 5, 1964, and May 7, 1975. This includes the spouse; surviving spouse; an unmarried dependent child age 17 or younger; a dependent child age 21 or younger if a full-time student; an unmarried, disabled child age 18 or older if the child was disabled before his/her 18th birthday.
b. Individuals who served in the Philippine Commonwealth Army and Philippine Scouts during WWII. Their spouses, widows, and dependent children are also eligible under the federal program.
3. Alien serving in active military duty;
4. Alien spouse or unmarried dependent child(ren) of a veteran or active military person who is eligible by meeting the criteria in either number 2 or 3;
5. Effective April 1, 2003, a qualified alien who has lived in the United States for five years beginning with the date the immigrant obtained legal status as a qualified alien through CIS.
A qualified immigrant is an individual
who at the time the immigrant applies for or receives food stamp benefits
is in one of the following categories:
1. Lawfully admitted for permanent residence (LPRs), including Amerasian
immigrants;
2. Paroled into the United States under section 212(d)(5) of the
INA for at least one year;
3 Granted conditional entry under section 203(a)(7) of INA as in
effect before 4/1/80;
4. Cuban-Haitian entrant under section 501(3) of Refugee Education
Assistance Act of 1980; or
5. Under certain circumstances, battered immigrant spouse, battered
immigrant child or immigrant parent of a battered child or immigrant child
of a battered parent with a petition pending under Section 204(a)(1)(A)
or (B) or 244(a)(3) of the INA.
Some qualified immigrants maintain their eligibility for federally funded
benefits for seven years from the date their status is received even though
they may change statuses during those seven years. This condition applies
to individuals with the following statuses:
1. Refugees admitted under Section 207 of the Immigration and Nationality
Act (INA);
2. Granted asylum under Section 208 of the INA; or
3. Deportation withheld under Section 243(h) of INA before 4/1/97
or removal withheld under Section 241(b)(3) of INA.
6. Effective October 1, 2003, a child age 17 or younger who is a qualified alien and living in the United States;
When an LPR child turns 18 s/he
will lose federal FS eligibility unless s/he has been in the United States
more than five years or can be credited with 40 qualified work quarters.
The parents' work quarters may be used. Information on sharing 40 quarters
is located at 475
NAC 3-002.09 #2 'Deeming of Immigrant Sponsor's Resources and Income'.
When a disabled LPR child turns 18, s/he will continue to receive federally
funded benefits. Disability takes precedence over age.
7. An elderly individual who was at least 65 years old on August 22, 1996, and who was lawfully present in the United States on that date;
An elderly individual who is not disabled and entered the United States after the above date may be eligible for federally funded benefits under another criteria, such as being lawfully present for at least five years.
8. A disabled person as defined by the Food Stamp Act or a person who becomes disabled in the future, and who is a qualified alien and lawfully present in the United States;
The definition of disabled is located at 475 NAC 1-002 (3of10) 'Program Definitions'.
9. A Native American born in Canada who is at least 50 percent of the American Indian race;
North American Indians who are not citizens and enter the United States from Canada must provide verification of their status. These individuals may verify their permanent residency as North American Indians of at least 50 percent American Indian blood admitted under 8 U.S.C. 1359 with birth records, affidavits from tribal officials, INS Form-181, or other verification acceptable to the certification worker.
10. An individual who is not a U.S. citizen, but is a member of an Indian tribe which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians; and
11. An alien, an alien’s child, or an alien child’s parent who has been subject to battery or extreme cruelty.
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