Can Illegal Immigrants Get Food Stamps?

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Despite how this program SNAP is administered by the states. For instance, in California, the program is known as CalFresh and like the SNAP plan, illegal immigrants are not eligible to get food stamps.

The Non-Citizens That are Eligible with No Waiting Period for Food Stamps

It is only United States citizens and certain lawfully present non-citizens can receive SNAP benefits.

Also, Non-citizens are eligible based on their immigration status and must meet up with the SNAP eligibility requirements like income and resource limits.

The following are the non-citizens that qualify with no waiting period:

  • Qualified foreign children under 18 years old.
  • Refugees must be admitted under section 207 of INA (including victims of severe forms of trafficking).
  • Victims of Trafficking under the Trafficking Victims Protection Act of 2000.
  • Asylees under section 208 of the Immigration and Nationality Act (INA) Deportation withheld under 243(h) or 241(b)(3) of INA.
  • Amerasian immigrants under 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act.
  • Cuban of Haitian entrants as defined in 501(e) of the Refugee Education Assistance Act of 1980.
  • Iraqi and Afghan special immigrants under Section 101(a)(27) of the INA Certain American Indians born abroad are Members of the Hmong or Highland.
  • Laotian tribes, legally living in the U.S., that helped the U.S. military in the Vietnam era and their spouses or surviving spouses and unmarried dependent children.
  • Elderly individuals born on or before August 22nd, 1931, and who lawfully resided in the U.S.
  • Lawful Permanent Residents in the U.S. who are receiving government payments for disability or blindness Lawful Permanent Residents with a military connection.

Eligible Aliens After the Waiting Period

The qualified alien is a non-citizen with certain immigration status defined under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).

The eligible alien that doesn’t belong to any of the non-citizen groups for food stamps or SNAP benefits after the waiting period of the person is:

  • Lawful Permanent Resident (LPR) that has earned or be credited with, 40 quarters of work.
  • Is an alien in one of the following groups that have been qualified status for 5 years:

Paroled for at least one year under section 212(d)(5) of INA.

Granted conditional entry under 203(a)(7) of INA in effect before April 1, 1980.

Battered spouse, child, or parent with a petition under 204(a)(1)(A) or (B) or 244(a)(3) of INA.

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