1621 Determining Eligibility Based on Citizenship

Participation in the Food Stamp Program is limited to residents of the United States who are either a United States citizen or a legally admitted alien in one of the categories listed below. (Each of these categories may be identified by the type of INS document held by the alien. See the chart in FSC 1621.2 for a description of these INS documents.) Other aliens - legal and illegal - are not eligible for food stamps even if they have applied for admission under one of the categories listed below but have not been approved. Aliens here under color of law are not eligible for food stamps but may be found eligible for AFDC.

1.Aliens lawfully admitted for permanent residence as an immigrant. This is defined in Sections 101 (a) (15) and 101 (a) (20) of the Immigration and Nationality Act. Individuals admitted under Section 101(a)(15) are considered non-immigrants and are not eligible for food stamps. These individuals are in this country temporarily as visitors, students, tourists, diplomats, etc.

2.Aliens who entered the United States before January 1, 1972 (or some later date as required ~ 1~) and who have continuously maintained residency since then. As a result of an exercise of discretion by the Attorney General pursuant to Section 249 of the Immigration and Nationality Act, these individuals may be considered legally admitted if not ineligible for citizenship. However, aliens lawfully admitted for permanent residence pursuant to section 245A of the Immigration and Nationality Act must be eligible as specified in number 7 or 8 below.

3.Aliens qualified for entry pursuant to Section 207 or 208 of the Immigration and Nationality Act.

4.Aliens granted asylum through an exercise of discretion ~ the Attorney General pursuant to Section 208 of the Immigration and Nationality Act.

5.Aliens who are lawfully present as a result of an exercise of discretion ~ the Attorney General. The Attorney General exercises such discretion when there are emergent reasons or when there are ?reasons deemed strictly in the public interest pursuant to Section 212(d)(5) of the Immigration and Nationality Act. The Attorney General may also grant aliens parole to remain in this county pursuant to this section.

6.Aliens living within the United States to whom the Attorney General has withheld deportation pursuant to Section 243 of the Immigration and Nationality Act.

7.Aliens who are defined as aged, blind or disabled in accordance with Section 1614 (a)(1) of the Social Security Act and who are considered to be lawfully admitted for permanent residence pursuant to Section 245A (b)(1) of the Immigration and Nationality Act. Such aliens may obtain permanent resident status under Section 245 (b)(1) of the Immigration and Nationality Act no earlier than November 7, 1988.

8.Aliens who are granted lawful temporary residence pursuant to Section 245A of the Immigration and Nationality Act at least five years prior to applying for food stamps and who subsequently gained lawful permanent resident status pursuant to Section 245A of the Immigration and Nationality Act. Such aliens may obtain temporary residence status no earlier than May 5, 1987.

Exception -The five year ban does not apply to aged, blind or disabled aliens who have been admitted for temporary residence under Section 245A of the Immigration and Nationality Act.

9.Aliens who are, asof June 1,1987, or thereafter, special

agricultural workersand lawfullyadmitted for temporary residence

in accordance withSection 210(a) of the Immigration and

Nationality Act.

10.Aliens who are legally admitted for temporary residence as additional special agricultural workers as of October 1, 1989 through September 30, 1993 in accordance with Section 210A (a) of the Immigration and Nationality Act.

11.Amnesty aliens bearing an 1-688, "Temporary Resident Card", coded to show the alien was admitted under Section 210 of the Immigration and Nationality Act. The alien remains eligible until the expiration date stated on the face of the document.

*FSC 1621.1 deleted.