Non-Financial Requirements
502 Eligible Alien Status
Overview
An individual who is not a U.S. citizen or a U.S. National must have their alien A legal alien is a person lawfully residing in the United States of America who is not a citizen. A legal alien may not necessarily have permanent residence status. An illegal alien is a person present in the United States of America in violation of the Immigration and Nationality Act. status verified to be included in the assistance unit
Those members of the filing unit who are eligible to receive benefits.. The State agency must give the household
People who buy and prepare food together. Spouses, parents, and children who live together are usually counted as the same household. the option of withdrawing its application
Filing a signed Application for Assistance via paper application or through the self-service portal of the eligibility system to establish eligibility and assign a review period. or participating without a household member if that individual does not wish the State agency to verify his/her immigration status. State agencies cannot deny benefits to otherwise eligible
Having met the qualifications to receive a SNAP benefit by meeting the specified nonfinancial and financial requirements of eligibility. household members because other members have chosen not to disclose their citizenship, immigration status, or Social Security number.
Household members that “opt out” are considered non-applicants and are ineligible Not qualified to receive benefits because of not meeting one or more of the specified nonfinancial or financial requirements of eligibility. for SNAP. Alien visitors, tourists, diplomats, and students who enter the U.S. temporarily with no intention of abandoning their residence in a foreign country are not eligible for SNAP benefits under any circumstances.

Immigration status of all alien applicants must be verified with USCIS by applying item 1. The eligibility determination process shall not be delayed pending USCIS verification Third-party information or documentation used to establish the accuracy of statements. of the documents if all other eligibility criteria have been met. If an individual’s citizenship or status as a non-citizen national is questionable, the eligibility staff member must verify the member’s citizenship or non-citizenship national status by applying either item 2 or 3.
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All requests must be made electronically through the Department of Homeland Security (DHS) using the Verification Information System.
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Participation in another program if verification of citizenship or non-citizen national status was obtained for that program; OR
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If the household cannot obtain the forms of verification listed in #1 or #2, and the household can provide a reasonable explanation as to why verification is not available, the eligibility staff member must accept a signed statement, under penalty of perjury, from a third party indicating a reasonable basis for knowledge the individual in question is a U.S. citizen or non-citizen national. The signed statement must contain a warning of the penalties for helping someone commit fraud.

To be determined an 'eligible alien' for SNAP, individuals must meet one of the SNAP ‘Qualified Alien Categories’ and one of the ‘Special SNAP Criteria'.Certain eligible non-citizens are eligible to SNAP immediately.

Individuals meeting one of the following criteria are NOT required to meet any Special SNAP Criteria. They do have to meet all other SNAP non-financial and financial eligibility requirements to be included in the assistance unit.
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Refugee - an alien admitted to the U.S. under Section 207 of the INA.
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Victims of human trafficking
1. The buying, selling, stealing, or otherwise affecting an exchange of SNAP benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal identification numbers (PINS) or by manual voucher and signatures for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone; 2. The exchange of firearms, ammunition, explosives, or controlled substances for SNAP benefits; 3. Purchasing a product with SNAP benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product, and intentionally returning the container for the deposit amount; 4. Purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the product purchased with SNAP benefits in exchange for cash or consideration other than eligible food; or 5. Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food. 6. Attempting to buy, sell, steal, or otherwise affect an exchange of SNAP benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal identification numbers (PINs), or by manual voucher and signatures, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone. - an alien in the U.S. because they are victims of human trafficking or minor children
Children under 18 years of age who are under the parental control of an adult household member., spouses and in some cases the parents and siblings of victims of severe trafficking are considered refugees by the Office of Refugee Resettlement (ORR);
Note: ORR issues a certification document identifying the individual as a victim of human trafficking or eligible relatives of trafficking.
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Granted asylum - an alien granted asylum under Section 208 of the INA.
Refugee Requirements Code Status Nationality Document A05
(s)(5) Application for asylum has been granted All Nationalities I-766* AS1 Approved primary asylee I-94 AS2 Spouse of AS1 AS3 Child of AS2 AS6 AS1 adjusted to LPR I-551* AS7 AS2 adjusted to LPR AS8 AS3 adjusted to LPR GA6 Iraqi asylee (processed in Guam) adjusted to LPR Iraqi I-551* GA7 Spouse of GA6 adjusted to LPR GA8 Child of GA6 adjusted to LPR INA 208 Admitted to the US as an asylee All Nationalities I-94 V-92 (VISAS 92) Spouse or child “following to join” asylee in the US *These documents do not show the date of eligibility for asylees (date asylum granted) -
Deportation withheld - an alien who had deportation withheld under Section 243(h) of the INA.
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Amerasian Immigrant - an alien admitted to the U.S. as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988.
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Cuban and Haitian entrant status - an alien granted status as a Cuban or Haitian entrant as defined in Section 501(e) of the Refugee Education Assistance Act of 1980.
To simplify, Cuban/Haitian Entrants are Cubans or Haitians and:
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A parolee (multiple ‘parolee’ reasons or notations may appear on I-94) or
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An asylum applicant
An individual who submits an application for assistance under the SNAP program. or
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In removal proceedings.
Cuban/Haitian Entrant
Certain Cuban nationals who entered the U.S. illegally between April 15, 1980, and October 10, 1980, and Haitian nationals who entered the U.S. illegally before January 1, 1981, were designated as Cuban/Haitian entrants. Under a provision of the Immigration Reform and Control Act of 1986, these entrants were allowed to adjust to permanent resident status if they had resided in the United States since before January 1, 1982, and were known by that date to the INS. Documentation of this status is a Form I- 551 (Permanent Resident Card) with a code of CH6. These Cuban/Haitian entrants would not now be eligible for time-limited refugee services but may continue to be eligible for other refugee social services and Income Maintenance programs.
The term "Cuban/Haitian entrant" is also used generally, however, to describe Cuban and Haitian nationals who hold one of the immigration statuses defined in Title V of the Refugee Education Assistance Act of 1980. Individuals defined as Cuban/Haitian entrants under the Act are eligible for refugee services if within the eligibility period, but do not receive the code CH6 when they adjust to permanent resident status.
Entered Without Inspection (EWI)
The term “EWI” stamped on a Form I-94 stands for “Entered Without Inspection” and is an informal description that does not refer to a status. Recent arrivals should not have this notation on I-94s, although the term is sometimes entered as a “class of admission” on the SAVE system. Certain Cuban or Haitian applicants who present a Form I-94 with the inscription "EWI" or "Entered Without Inspection" entered the United States without permission and, according to DHS, were paroled or were placed in removal proceedings.
Acceptable documentation to verify asylum applicant status are:
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Form I-94 arrival/departure card stamped with "Form I-589 filed" or accompanied by the official USCIS receipt of Form I-589 (Application for Asylum).
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A document stamped by an immigration judge showing that an asylum application has been filed.
Acceptable documentation to verify EWI (Entered Without Inspection) status includes:
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Form I-94 Arrival/Departure card annotated "EWI” on or with a parole stamp or status under Section 212(d)(5) of the INA;
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Employment Authorization
A system-initiated approval which generates a benefit. Document (EAD) with a code representing parole; or
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Form I-766 with A04 or C11 code
Refugee Requirements Code Status Nationality Document A12 Granted Temporary Protected Status (TPS) ONLY if Haitian AND held eligible status prior to being granted TPS 1-766 A0 Asylum applicant without work authorization ONLY if Cuban or Haitian (SAVE) AS Asylum applicant with work authorization I-766 C08 (d)(8) Has filed an application for asylum in the US and the application is pending C10 (c)(10) Have filed an application for suspension of deportation and the application is pending. C11 (c)(11) Have been paroled into the US for emergent reasons or for reasons in the public interest. C12 (c)(12) Am a deportable alien and have been granted voluntary departure either prior to or after my hearing before the immigration judge. C18 (c)(18) Have a final order of deportation pending Eligibility of Cubans/ Haitians terminated unless evidence of prior parole I-766 C19 An applicant for Temporary Protected Status (TPS) ONLY if Haitian AND held eligible status prior to being granted TPS I-766 CC Mass migration, Cuban parolee Cuban (SAVE) CH Humanitarian parolee Cuban or Haitian CH6 Cuban/Haitian entrant adjusted to LPR Cuban or Haitian I-551 or Passport CM Parolee processed under medical professional program Only if Cuban I-94 or Passport CP Parolee processed under special migration program Only if Cuban (SAVE) or Passport CU6 Cuban adjusted under Cuban Adjustment Act Cuban – ONLY IF held eligible status prior to adjustment I-551 or Passport CU7 Spouse or child of CU6 Ineligible because nationality not Cuban DE Advance parolee ONLY if Cuban or Haitian (SAVE) DT Port of entry parole or parole by District Office EF In expedited removal proceedings, awaiting credible fear interview EP In expedited removal proceedings, awaiting final decision for reason other than credible fear determination ONLY if Cuban or Haitian (SAVE) ERF In expedited removal proceedings, awaiting credible fear interview ERP In expedited removal proceedings, awaiting final decision for reason other than credible fear determination EWI Entered without inspection, in removal proceedings ONLY if Cuban or Haitian Flimsy I-94 or (SAVE) HA6 Haitian asylum applicant adjusted to LPR under Haitian Refugee Immigration Fairness Act (HRIFA) Haitian I-551 HB6 Haitian parolee adjusted to LPR under HRIFA Haitian INA 212(d)(5) Admitted into the US as a parolee ONLY if Cuban or Haitian I-94, Passport NC61 Cuban or Nicaraguan adjusted to LPR under Nicaraguan and Cuban Adjustment Act (NACARA) – Cubans eligible only if held eligible status prior to adjustment Only if Cuban I-551 ROR Released on recognizance – in removal proceedings ONLY if Cuban or Haitian (SAVE) Cuban-Haitian entrants other than parolees are eligible only until a final, non-appealable, legally enforceable deportation order has been issued. -
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Iraqi and Afghan Special Immigrants
The Department of Defense Appropriations Act of 2010 (Section 8120, P. 111-118) enacted on December 19, 2009, provides that Iraqi and Afghan Immigrants with special immigrant visas (SIVs) are eligible for federal public benefits to the same extent and for the same time period as refugees. Provided that other eligibility requirements are met, SIVs are eligible for SNAP indefinitely.
Verification of Special Immigrant Status: Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a)(27) of the INA. States may access Office of Refugee Resettlement (ORR) policy for examples of acceptable documentation of immigrant status, through ORR’s State Letters #08-04 and #08-06 at: US Department of Health and Human Services.
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Certain Indians board abroad
A North American Indian (at least 50% Indian blood) born in Canada to whom the provisions of Section 289 of the Immigration and Nationality Act (INA) (8 U.S.C. 1359) apply. This does not include a spouse or child of the Indian, nor a non-citizen whose membership in an Indian tribe or family is created by adoption unless the persons are also of at least 50% Indian blood. This provision was intended to address Canadian born
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North American Indians entitled to cross the U.S. border into Canada or Mexico.
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A member of a federally acknowledged Indian Tribe as defined by the Indian Self- Determination and Education Assistance Act, 25 U.S.C. § 5304(e) Oct. 21, 2020).
Note:Acceptable types of documentation include birth or baptismal certificates issued on a reservation
The geographically defined area over which an Indian Tribal Organization (ITO) exercises governmental jurisdiction as long as the area is legally recognized by the Federal or State government as being set aside for the use of Indians., tribal records, a letter from the Canadian Department of Indian Affairs, a Canadian Certificate of Indian Status (Form IA-2360), or school records.
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Hmong or Highland Laotian tribe
An individual lawfully residing in the U.S. and was a 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 or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975. Also, the following family members:
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the spouse, or unmarried surviving spouse of the Hmong or Highland Laotian who is deceased;
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an unmarried dependent
A person who relies on another for support. child (including legally adopted children) of the Hmong or Highland Laotian under the age of 18, or if a full-time student under the age of 22;
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an unmarried child (including legally adopted children) under the age of 18 or, if a full-time student under the age of 22 of the deceased Hmong or Highland Laotian provided the child was dependent upon them at the time their death; or,
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Military Connection
an alien who meets one of the following:
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A veteran, as defined by 38 U.S.C. §101, with an honorable discharge for reasons other than alien status who fulfilled minimum active-duty requirements.
Note: Acceptable documentation of veteran status is the original copy of the veteran's discharge papers issued by the branch of service the alien was a member. If there has been more than one discharge, the most recent one will be the only one used to determine if this requirement has been met.
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On active duty in the U.S. Armed Forces (other than for training); or
Note: Acceptable documentation of active military status is the original copy of the alien's current orders posting the alien to a military base.
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The spouse and unmarried dependent children (age 18 or younger) of the alien veteran in (a) or (b) above, or the unmarried surviving spouse of a deceased alien veteran. An unmarried dependent child is a child under age 18, or if a full-time student, under age 22.
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A 'qualified alien' is an alien, who at the time he/she applies for or receives SNAP benefits, meets one of the 'qualified categories’ listed below and one of the 'Special SNAP Criteria' to be considered an eligible alien.
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Lawfully Admitted to the United States for Permanent Residence (LAPR) also known as Green Card Holders - an alien granted status as a LAPR by the Immigration and Nationality Act (INA).
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Parolee - an alien who has been paroled under Section 212(d)(5) of the INA for at least one year.
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Conditional entry - an alien granted conditional entry under Section 203(a)(7) of the INA in effect prior to April 1, 1980;
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Battered - an alien who is a battered spouse, battered child (age 18 or younger), or parent or child of a battered individual with a petition pending under Section 204 (a)(1)(A) or (B) or 244(a)(3) of the INA.

A 'qualified alien' who is not a refugee, a victim of human trafficking, a deportee, an alien granted asylum, or an alien having Cuban or Haitian entrant status OR does not meet any of the three categories for exception must meet one of the following 'Special SNAP Criteria' to be determined an 'eligible alien'.
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'Qualified Alien' and 5 years of residence- effective April 1, 2003, an alien who has lived in the U.S. as a 'qualified alien' for a period of five years or longer from the date of entry such as a LAPR, parolee, conditional entry, or battered.
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Lawfully Admitted to the United States for Permanent Residence (LAPR) and 40 work quarters - a LAPR who also meets 40 quarters of work criteria. This requirement is for those individuals who have not resided in the U.S. as a LAPR, parolee, conditional entry, or battered for 5 years or more prior to submitting a SNAP application.
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The individual must provide proof of earnings of 10 years or more with employer statements, income tax forms, wage stubs, etc., or obtain verification by requesting the information from the regional Social Security Administration (SSA) office. The eligibility staff member can access North Dakota's State Verification and Exchange System (SVES) interface with SSA to establish the 40 quarters of work for the LAPR 'qualified alien'.
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A maximum of four credits may be earned in a year by each individual. Credits will be credited only after the calendar quarter has ended. Calendar quarters mean the four calendar months ending March 31st, June 30th, September 30th, and December 31st of any year.
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Counting Work Quarters
No work quarters are creditable for any period after December 31, 1996, if the alien (or the parent or spouse) received any federal means-tested benefits or received SNAP benefits during the period the work quarters were earned. Federal means-tested benefits are TANF Cash, and Tribal TANF, or BIA Tribal Assistance (see Non-Citizen Quarters or Work Calculation).
Note: Any earnings of a non-citizen for work legally performed in the U.S. are used when calculating quarters of work. This includes earnings not creditable for Social Security benefits. The eligibility staff member determines if the non-citizen has earned a quarter of work using the 'National Average Wage Index Needed to Earn One Quarter of Coverage' at the end of this section. Any earnings of a non-citizen for work performed in another country if the work is creditable for Social Security benefits are included.
One quarter of work can be counted for more than one person (e.g., Mom, dad, and child apply for assistance. Mom and dad worked the third quarter of 2000. Since both spouses worked the quarter, all three individuals can count two quarters for 03/00 - one from mom and one from dad). Technically, it is possible to earn 40 quarters in only 20 quarters if both spouses worked the same 20 quarters. A qualifying quarter of work is credited if earned by:
The alien;
The alien's living or deceased parents (natural, adopted or stepparents) while the alien was under age 18 (including quarters earned before his birth regardless of his current age); or,
The alien's spouse during their marriage if the marriage continues or if the spouse is deceased.
Information on the alien's quarters of work may be obtained by accessing the SSA interface. If the alien does not have the required 40 quarters of their own, the eligibility staff member needs to access another family member's information to make up the difference or verify earnings by another method such as wage stubs.
Note: Only the alien's parents’ or spouse’s information may be accessed because a child’s quarters or a sibling's quarters cannot be attributed to a parent or a sibling.

The Additional Ukraine Supplemental Appropriations Act, 2022 (AUSAA), and extended by the Ukraine Security Supplemental Appropriations Act, 2024 (USSAA), authorizes North Dakota to provide SNAP benefits to specific Ukrainian populations and other non-Ukrainian individuals in response to their displacement from Ukraine and entry into the United States.
Eligible Populations:
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Citizens or nationals of Ukraine who the Department of Homeland Security (DHS) has paroled into the United States between February 24, 2022, and September 30, 2024, due to urgent humanitarian reasons or for significant public benefit, known as Ukrainian Humanitarian Parolees (UHPs);
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Non-Ukrainian individuals who last habitually resided in Ukraine and who DHS has paroled into the United States between February 24, 2022, and September 30, 2024, due to urgent humanitarian reasons or for significant public benefit;
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Ukrainian nationals granted parole after Sept 30, 2024 – must meet additional criteria for eligibility (5 year waiting period, under 18, military connection, etc).
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A spouse or child of a Ukrainian national who was granted parole between Feb 24, 2022 and Sept 30, 2024. The spouse/child is immediately eligible - even if they were granted parole after Sept 30, 2024. Note that the Ukrainian national (not the spouse/child) must have been paroled between Feb 24, 2022 and Sept 30, 2024).
- A parent, legal guardian, or primary caregiver of an unaccompanied minor who was granted parole between Feb 24, 2022 and Sept 30, 2024. The parent/guardian/caregiver is immediately eligible – even if they were granted parole after Sept 30, 2024. Note that the unaccompanied minor (not the parent/guardian/caregiver) must have been paroled between Feb 24, 2022 and Sept 30, 2024).
Date of Eligibility for Ukrainian Parolees:
For eligible Ukrainian parolees who entered the United States with parole between February 24, 2022, and Sept 30, 2023, their date of eligibility is May 21, 2022, or their date of parole, whichever is later.
For eligible Ukrainian parolees who enter the United States with parole between October 1, 2023, and Sept 30, 2024, their date of eligibility is April 24, 2024, or their date of parole, whichever is later.
Period of Eligibility for Eligible Ukrainian Parolees:
UHPs and other non-Ukrainian individuals displaced from Ukraine are eligible for SNAP benefits until the end of the individual’s parole term, unless otherwise amended by law or the individual gains another ORR-eligible category or status.
For example, an eligible Ukrainian parolee who entered the United States on Sept 30, 2023, has a date of eligibility of Sept 30, 2023. This eligible Ukrainian parolee remains eligible for the duration of their parole, including any additional period of re-parole.

These non – citizens are eligible upon entry. The following are approved for verification of citizenship:
Documented with a Form I-94 (including electronic printout from Customs and Border Protection)
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“CFA/FSM” (Compact of Free Association/Federated States of Micronesia) for FSM citizens; or
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“CFA/MIS” (Compact of Free Association/ Republic of the Marshall Islands) for RMI citizens.
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“CFA/PAL” indicates a citizen of Palau
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An unexpired passport from the FSM or RMI, accompanied by Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association
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Employment Authorization Document with a category code of A08.

The resources of an ineligible alien are excluded because the individual is expanded categorically eligible Any household in which all members receive or are authorized to receive TANF and/or SSI. These households are income and asset eligible.. Income and expenses of the ineligible alien are prorated among the remaining household members. Income and expenses must be coded against the ineligible alien or income and expenses will not be prorated.
Exception: A household is allowed the full appropriate mandatory utility allowance if the individuals who share the utility expense(s) are not in the SNAP assistance unit because they are an ineligible alien, Able Bodied Adults Without Dependents (ABAWD) disqualified, or SSN disqualified, but are otherwise required household members. This also applies to households with an ineligible student.

State agencies must use the criteria below to determine when to report to USCIS. One of the following criteria must be met:
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If during the SAVE verification process it is determined that the SNAP applicant is not lawfully present in the United States. *** Please note that our agency may only report the unlawful presence of non-citizens who have applied for SNAP benefits. We do not report if undocumented aliens reside in the same home or if undocumented adults are applying strictly for their children***;
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USCIS documents presented by the household during the application process are determined to be forged.
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The State agency determines a non-citizen is indigent and therefore exempt from sponsor deeming; or
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The State agency obtains a final civil judgment against the sponsor.
During the certification or recertification process, the eligibility staff member may discover other information which indicates someone in the household is an undocumented alien. To determine that a member or members of that household are in fact undocumented aliens based on this other information, it must be reported to USCIS. We must conform to the reporting requirements of the PRWORA and the Interagency Notice.
Note: IF any aliens meets any of the above criteria are found, send to SNAP policy inbox, name, case number and which criteria above (1-4) the undocumented individual falls under, along with reason why the worker believes the individual is undocumented.
References: 7 CFR 273.1(b)(7)(i); 7 CFR 273.2(b)(1)(iii); 7 CFR 273.2(f)(1)(ii); 7 CFR 273.4; 7 CFR 273.11(c)(3); Section 11(e)(15) of the Food and Nutrition Act of 2008 (Enacted June 3, 2023); Ukraine Security Supplemental Appropriations Act, 2024.
Revised: 5/16/2025
Policy last updated in Release 25.1.