3-001.03C State Eligible Alien Statuses

475 NAC 3-001.03C

If an individual does not meet the federal citizenship/alien provisions, s/he is eligible for state funded food stamp benefits if s/he is a qualified alien who has lived in the United State less than five years.

A qualified alien 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;
(The spouse and children may claim the same qualified quarters, if appropriate.)
  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(e) 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. Refugee 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 the INA before 4/1/97 or removal withheld under Section 241(b)(3) of INA.

{6/9/03}