Eligible Non-citizens

Generally, a non-citizen must be a qualified alien in order to be eligible for CalFresh. Qualified Aliens are individuals who meet the specific definition of federal rule, which includes lawful permanent residents, asylees, refugees, parolees, individuals granted withholding of deportation or removal, conditional entrants, Cuban or Haitian entrants, battered aliens, and alien victims of a severe form of trafficking. The term qualified alien is not itself an immigration status but is a term used for Federal public benefits purposes.

Qualified Non-Citizens [63-405.1]

A “qualified alien” is a non-citizen who has one of the following immigration statuses:

Qualified Noncitizen Eligible for Federal Benefits (Section 431 PRWORA)
Non-Citizen Category	Description	Verifications
LPR	LPRs are holders of green cards. This category also includes “Amerasian immigrants” as defined under §584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988.	I-151, or I-551, or Re-entry permit, or Stamp in passport, or I-94 stamped “temporary I-551”, or Blank I-94 with G-639, or Canadian-born North American Indians may use birth records, affidavits from Tribal officials, USCIS Form I-181, or other USCIS documentation. “A” number and the SAVE verification. For Amerasian: I-94 stamped AM1, AM2, or AM3 I-551 stamped AM6, AM7, or AM8 Vietnamese Exit Visa or Passport stamped AM1, AM2 or AM3 “A” number and the SAVE verification.
Asylees	Granted asylum under Immigration and Nationality Act (INA) §208.	I-94, or Decision of immigration judge
Parolee	Paroled into the U.S. under § 212(d)(5) of the INA for at least 1 year.	I-94 annotated with Section 212(d)(5), or I-688B, or Blank I-94 with G-639
Deportation/Removal Withheld	Deportation is being withheld under §243(h) of the INA* as in effect before 4/1/97, or removal is withheld under §241(b)(3) of the INA.	I-94, or Decision of immigration judge, or USCIS letter
Conditional Entrants	Granted conditional entry under §203(a)(7) of the INA as in effect before 4/1/80.	I-94 annotated with Section 203(a)(7)
Cuban or Haitian Entrants	Cuban or Haitian entrant under §501(e) of the Refugee Education Assistance Act of 1980.	I-94 stamped "Cuban/Haitian Entrant (Status Pending)” or Section 212(d)(5) - "Parole" or "Form I-589 Filed". I-551 stamped CH6, CU6, CU7, CU8, CU9, CUO, CUP, CU7P, CNP, or CUX. or I-94 stamped “Parolee into the U.S. on or after 01-12-2010 I-551 stamped CH6, CU6, CU7, CU8, CU9, CUO, CUP, CU7P, CNP, or CUX.
Battered Non-Citizens	Under certain circumstances, a battered non-citizen spouse or child, non-citizen parent of a battered child or an non-citizen child of a battered parent with a petition pending.	Letter, notice of action, or identification card from USCIS USCIS form annotated with Section 204(a)(1)(A) or 244(a)(3)
Refugees	Refugees admitted to the United States under §207 of the INA.	I-94
Trafficking Victims	Victims under the Trafficking Victims Protection Act of 2000.	Certification Letter from the Federal Office of Refugee Resettlement (ORR) for adults Eligibility letter from the Federal ORR for children.
Iraqi and Afghan Special Immigrants (SIV)	Special immigrant status under §101(a)(27) of the INA may be granted to Iraqi and Afghan nationals who have worked on behalf of the U.S. government in Iraq or Afghanistan. Iraqi and Afghan special immigrants enter the U.S. either as LPRs with the special immigrant visa or later adjust to special immigrant status after entering the U.S. Potential eligibility for SNAP can begin when the individual was granted special immigrant status, either from the date of entry to the U.S. as an Iraqi or Afghan Special Immigrant, or the date of adjustment to special immigrant status within the U.S. The Department of Defense Appropriations Act of 2010 (DoDAA), P.L. 111-118, §8120 enacted on December 19, 2009, provides that SIVs are eligible for all benefits to the same extent and the same period of time as refugees. Note: Iraqi and Afghan Special Immigrants are a type of LPR and are considered qualified aliens even though they are not specifically listed under PRWORA.	I-151, or I-551, or I-94
Compacts of Free Association (COFA) citizens	Citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau who lawfully reside in the United States. The Consolidated Appropriations Act, 2024 (CAA).	Immigration status must be verified through SAVE. SAVE will provide an initial verification response of Non-immigrant Employment Authorized-Indefinitely.

 

Qualified Non-Citizens and Additional Condition

To be eligible for federal benefits, most non-citizens must be in a qualified alien category and meet one additional condition. The following illustrates what is considered an additional condition that certain qualified aliens must meet to be eligible for federal benefits:

• 5 years of residence – Has lived in the U.S. as a qualified alien for 5 years from the date of entry.
• 40 qualifying work credits – An LPR with credit for 40 qualifying work quarters.
• Children under 18 – Any qualified alien under 18 years of age who lawfully resides in the U.S.
• Blind or disabled- Blind or disabled receiving benefits or assistance for their condition regardless of entry date.To be considered blind/disabled:
  • The individual MUST be receiving blind or disability benefits, and
• The benefit program MUST use the same disability criteria as the Supplemental Security Income (SSI) program, and
• Verification of the receipt of the blind/disability benefit must be on file. A physician’s statement of disability is not acceptable verification of blindness/disability for noncitizen purposes.

  • Note: Individuals receiving CAPI or Medi-Cal (SP-DDSD application approved) as a disabled person meet this criteria.

• Elderly born on or before 8-22-31 who lawfully resided in the U.S. on 8/22/96.
• Military connection – an individual who is lawfully residing in a State and is on active duty in the military (excluding National Guard) or is an honorably discharged veteran whose discharge is not because of immigration status (includes spouse, surviving spouse if not married, and married dependent children). A discharge “Under Honorable Conditions,” which is not the same as an honorable discharge, does not meet this requirement.

For purposes of this section, “veteran” means:

• Has been honorably discharged for a reason other than alienage as documented by a DD Form 214 or other acceptable verification; and
• Has met the minimum active duty service requirements of Section 5303A9d) of Title 38, United States Code (24 months or the period for which the person was called to active duty).

Note: For purposes of this section, “surviving spouse of a deceased veteran or spouse of an active duty person means: “The spouse has not remarried and the marriage fulfilled these requirements (married for at least one year, or married before the end of a 15-year time span following the end of the period of military service in which the injury or disease was incurred or aggravated, or married for any period if a child was born of the marriage or was born before the marriage).

For purposes of this section, an unmarried dependent child refers to an individual under the age of 18, or a full-time eligible student under the age of 22, or an unmarried disabled child age 18 or older if the child was disabled and dependent on the person prior to the child’s 18th birthday.

 

Exception: Individuals who served before July 1, 1946 in the organized military forces of the Government of Commonwealth of the Philippines have been granted veteran status for CalFresh purposes.

 

Important: Qualified non citizens not meeting any of the above additional conditions, are eligible, if otherwise eligible, for CalFresh under CFAP rules.[Refer to “California Food Assistance Program (CFAP),” page 31-1]

Federally Eligible Qualified Non-Citizens Without Additional Condition or Waiting Period

Some categories of non-citizens do not have to meet the 5-year residency requirement or have 40 qualifying quarters of work to be eligible for federal benefits. The following describes those who are eligible for federal benefits without a waiting period and without having to meet one additional condition:

 

• Refugee admitted under Section 207 of INA
• Victims of Trafficking under the Victims Protection Act of 2000
• Asylees
• Deportation Withheld under 243(h) or 241 (b)(3) of INA
• Amerasians
• Cuban or Haitian entrant as defined in 501(e) of Refugee Education Assistance Act of 1980/Haitian Orphans
• Iraqi and Afghan Special Immigrants
• Certain American Indians born abroad
• Hmong or Highland Laotian tribal members
• Qualified Alien children under 18
• Qualified Individuals receiving or assistance for blindness or disability regardless of entry date.
• Elderly who were lawfully residing in the U.S. and 65 or older on August 22, 1996
• Military connection
• Compacts of Free Association (COFA) citizens

Exception to Noncitizen Regulations

Certain groups of noncitizens are not qualified aliens but still may be eligible for federal benefits. These individuals do not have to meet any other noncitizen requirements to be eligible for CalFresh. The following noncitizens are eligible for federal benefits, if otherwise eligible, even if they are not qualified noncitizens as specified under Section 431 of PRWORA (See above):

• Certain American Indians born abroad
  • American Indians born in Canada living in the U.S. under Section 289 of INA or non-citizen members of a Federally-recognized Indian tribe under Section 4(e) of the Indian Self-Determination and Education Assistance Act (Cross-boarder Indians).
• Hmong or Highland and Laotian tribal members
  • 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.]

Note: The tribes involved are the St. Regis Mohawk from New York, the Micmac from Maine, the Abanaki from Vermont, and the Kickapoo from Texas.

Note: For purposes of this section, an unmarried dependent child refers to an individual under the age of 18, or a full-time student under the age of 22; an unmarried child under the age of 18 or if a full-time student under the age of 22 of a deceased Hmong or Highland Laotian provided the child was dependent upon him/her at the time of his/her death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the person prior to the child’s 18th birthday.

Note: A sworn statement under penalty of perjury is acceptable if the individual cannot provide verification from USCIS. The statement must state what aid was provided, the period in which the aid was provided and that the individual was a member of the tribe during this period of time. In addition, for spouses, widows or unmarried dependent children of a Hmong or Laotian whose tribe aided the U.S. military, the statement must specify the relationship. Verification must be requested from USCIS using secondary SAVE for tribal members.

Qualified Noncitizen Verification

Verification of noncitizen status is required in all cases. A noncitizen is INELIGIBLE until acceptable documentation is provided UNLESS:

• A copy of a document provided by the household has been submitted to USCIS for verification. Pending such verification, the individual’s benefits cannot be delayed, denied, reduced or terminated on the basis of his/her immigration status; or
• The applicant or EW has submitted a request to a federal agency for verification of information that bears on the individual’s eligible noncitizen status (e.g., to Social Security for Qualifying Quarters information, to the VA office for veteran’s status, to USCIS for Highland Laotian tribal status, etc.). The individual shall be certified eligible for up to six months from the date of the original request for verification.

Exception: A household which qualifies for ES may have verification postponed if it cannot be obtained within the ES time frames.

[Refer to Common-Place Handbook, “Immigration,” page 9-1, for USCIS forms and documentation examples.]

Noncitizens Option to NOT Verify USCIS Status

If a noncitizen applicant does NOT want the SSA to contact USCIS to verify his/her immigration status, the household MUST be given the option of withdrawing its application or participating without that member of the household. If the household chooses to exclude the individual, that individual is treated as an ineligible noncitizen. Refer to the Summary Chart for treatment of this individual’s income.

Opting out from an NACF household is only allowed at the initial or recertification process. Once approved for benefits, a member of a certified household cannot “opt-out” during the certification period.

ExampleExample

Battered Noncitizens

A battered non-citizen is a qualified alien if he or she meets the following four requirements:

1. The battered non-citizens must show that he/she has an approved or pending petition which makes a prima facie case for immigration status in one of the following categories:
   1. Form I-130 (Petition for Alien Relative) filed by their spouse or the child’s parent;
   2. Form I-130 petition as a widow(er) of a U.S. citizen;
   3. A self-petition under the Violence Against Women Act (including those filed by a parent on behalf of an abused child); or
   4. An application for cancellation of removal or suspension of deportation filed as a victim of
   5. domestic violence; AND
2. The non-citizen, the non-citizen’s child or the non-citizen child’s parent has been abused in the United States under one of the following circumstances:
   1. The non-citizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the non-citizen, or by a member of the spouse’s or parent’s family residing in the same household if the spouse or parent consents to or acquiesces in the battery or cruelty; or
   2. The non-citizen’s child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the non-citizen, or by a member of the spouse’s or parent’s family residing in the same household if the spouse or parent consents to the battery or cruelty, and the non-citizen did not actively participate in the battery or cruelty; or
   3. The parent of a non-citizen child has been battered or subjected to extreme cruelty in the
   4. United States by the parent’s spouse, or by a member of the spouse’s family residing in the same household as the parent, if the spouse consents to or acquiesces in such battery or cruelty; and
3. There is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought; and
4. The battered non-citizen, child, or parent no longer resides in the same household as the abuser.

In order for a battered noncitizen to be considered a qualified battered noncitizen, the county must determine that:

1. There is a substantial connection between battery and cruelty and the need for benefits, AND
2. The noncitizen has been approved by USCIS or has a petition pending that provides sufficient evidence to prove status as:
   1. a spouse or a child of a U.S. Citizen,
   2. a spouse or a child of a noncitizen LPR in the U.S., or
   3. a victim of domestic violence who has filed a cancellation of removal or suspension of deportation.

Note: Toremember be exempt from sponsor deeming, the battered noncitizen must possess paperwork from USCIS showing approval to legally reside in the U.S.

Determining Abuse/Battery

The following are examples of situations that demonstrate substantial connections between the abuse or extreme cruelty and the need for public assistance:

• To enable the applicant and the applicant’s child or parent to become self-sufficient;
• To escape the abuser or community in which the abuser lives;
• To ensure the safety of the applicant;
• To mitigate a loss of dwelling or financial support because of separation from the abuser;
• To alleviate nutritional risk;
• To obtain medical attention or mental heath counseling as a result of the abuse.

Note: In order for a battered noncitizen to be eligible for Federal SNAP benefits, they must meet the other conditions for federal noncitizen eligibility, such as a five- year residency requirement or an LPR with 40 quarter of work, etc.

Exception: Non-citizen victims of domestic violence (battered non-citizens) do not have to provide or apply for a Social Security Number (SSN).

Five-year waiting period for Abused Non-citizens

The five-year period begins when the prima facie case determination is issued or when the abused non-citizen’s I-360 visa petition is approved, whichever is earlier. In making its determination, a county should keep in mind that the relevant date for eligibility is the date the non-citizen obtained qualified alien status as an abused non-citizen rather than the date of that individual’s immigration status, such as that of an LPR.

Note: A prima facie case is one where the evidence is sufficient to raise a presumption of fact or to establish the fact in question. The prima facie case status is determined by the USCIS.

Parolees

Parolees are individuals who normally would not be admissible to the U.S. but are allowed to enter temporarily for humanitarian, medical, and legal reasons, usually under emergency circumstances. A grant of parole does not constitute a formal admission to the U.S. It confers only temporary permission to be present, requiring parolees to leave when the conditions supporting their parole cease to exist.

Individuals paroled under Section 212(d)(5) of the INA for at least one year are considered qualified noncitizens. In addition to being in a qualified category, the individual is subject to a five-year waiting period before they may become eligible for federal SNAP benefits. The five-year period begins on the date the immigrant obtains status as a qualified non-citizen through the USCIS. These individuals may qualify for state-funded CFAP benefits. In cases where the USCIS grants qualified status retroactively, the county shall use the ate the USCIS grants qualified status.

Some of noncitizens entering the U.S. as parolees are:

• Humanitarian paroles: HP are granted for a period of time to coincide with the duration of the emergency or humanitarian situation that forms the basis for the request.
• Public Interest Parolee: PIP can apply for LPR status after one year of physical residence in the US.
• Lautenberg Parolee, AKA Specter Amendment: Can apply for LPR status after one year of physical residence in the U.S.

Related Topics

Citizenship

Residency

Ineligible Noncitizens