Noncitizen’s Status Decision Chart

To determine whether a noncitizen meets the non-citizenship requirement for the FEDERAL food assistance program known as the SNAP, refer to the following chart. Refer to CFAP Decision Chart to determine whether a noncitizen meets the non-citizenship requirement for CFAP.

  1. Is the individual a qualified noncitizen? Refer to Qualified Noncitizen Verification.
    1. If YES, go to step #2.
    2. If NO, see the EXCEPTION at the end of the chart.
  2. Has this individual been granted legal status in the United States as a qualified noncitizen for 5 years or longer?
    1. If YES, this person is federally (SNAP) eligible, if otherwise eligible. Stop Here.
    2. If NO, go to step #3.
  3. Is the individual UNDER 18 years of age?
    1. If YES, this person is federally SNAP eligible, if otherwise eligible. Stop Here.
    2. If NO, go to step #4.
  4. Was the individual lawfully residing in he United States on 8/22/96 AND was he/she 65 years of age or older on 08/22/96 (i.e., born on or before 8/22/31)?
    1. If YES, this person is federally SNAP eligible, if otherwise eligible. Stop Here.
    2. If NO, go to step #5.
  5. Is this individual blind or disabled and receiving blind or disability payments or benefits through a program which uses the same disability criteria as the (SSI) program?
    1. If YES, this person is federally SNAP eligible, if otherwise eligible. Stop Here.
    2. If NO, go to step #6.
  6. Is the individual a Refugee (207), Asylee (208), Amerasian (584), Cuban-Haitian (501), or Deportee (243h, 241b3) who was admitted or granted this status, within the past 7 years? Refer to Qualified Non-Citizens and Additional Condition.
    1. If YES, this person is federally SNAP eligible, if otherwise eligible. Stop Here.
    2. If NO, go to step #7.
  7. Is the individual a Hmong/Highland Laotian tribal member (or the spouse, widow, or unmarried dependent child of a Hmong/Highland Laotian tribal member) who aided U.S. military personnel during the Vietnam war and who is lawfully residing in the U.S.?
    1. OR
  8. Is the individual a Cross Border Native American?
    1. If YES, this person is federally SNAP eligible, if otherwise eligible. Stop Here.
    2. If NO, go to step #8.
  9. Is this individual in the US military, an honorably discharged veteran, or the spouse or unmarried dependent child of a US military person or honorably discharged veteran? Refer to Qualified Non-Citizens and Additional Condition.
    1. If YES, this individual is federal SNAP eligible. Stop Here.
    2. If NO, go to step #9.
  10. Does this individual have 40 credits of qualifying employment? Refer to Credits of Qualifying Employment.
    1. If YES, this individual is federal SNAP eligible. Stop Here.
    2. If NO, this individual in NOT federal SNAP eligible. Eligibility for CFAP must be explored. Refer to CFAP Decision Chart for help in making this determination.]

EXCEPTION: The following noncitizens are eligible, if otherwise eligible, EVEN if they are NOT QUALIFIED noncitizens as specified under Section 431 of PRWORA (See above)

  • A Hmong or Highland Laotian (and their spouse/children) who was a member of a tribe who aided the U.S. military (as long as the individual was a member of the tribe during the period in which the aid was provided) and who is lawfully residing in the U.S. [Many are admitted as refugees.]

  • American Indians born in Canada to which Section 289 of INA applies, and a member of an Indian tribe as defined in Section 4(e) of Indian Self-Determination and Education Assistance Act (Cross-border Indians)

Related Topics

Citizenship

Residency

Ineligible Noncitizens

Eligible Non-citizens

Eligibility Based on 40 Work Quarters