3231 LAWFULLY ADMITTED INDIVIDUALS

Individuals are eligible if they were lawfully admitted and meet the following criteria:

  1. Native Americans are eligible indefinitely if they meet the following criteria:

    1. Born in Canada if they possess at least 50% of blood of the American Indian Race.

    2. Born outside the United States however they are a member of an American Indian Tribe.

  2. Hmong or Highland Laotian tribe members are eligible indefinitely if they are members of a tribe who rendered assistance to the U.S. by taking part in a military or rescue operation during the Vietnam era between August 5, 1964 and ending May 7, 1975 and are legally residing in the U.S. The individual must be born prior to 05/08/75 and state he/she is a member of a Hmong or Highland Laotian tribe who rendered assistance to the U.S. during the Vietnam era and he/she must present one of the following:

    1. INS Form I-94 showing entry as refugee under Section 207 of the INA; or

    2. Form I-551 or I-151 unless it states the individual entered under section 249 and entered after January 1, 1972 (ineligible under this status if so annotated); or

    3. Listed on a State Office master list as a Hmong/Highland Laotian refugee; or

    4. Sign an affidavit under penalty of law that he/she was a member of the tribe between 08/05/64 and 05/07/75.

  3. Spouse or dependent child(ren) are eligible if they are the spouse or dependent child(ren) of a member of the Hmong or Highland Laotian tribe who rendered assistance to the U.S. by taking part in a military or rescue operation during the Vietnam era between August 5, 1964 and ending May 7, 1975. The individual must state the spouse or parent is a tribal member of a Hmong or Highland Laotian tribe who rendered assistance to the U.S. during the Vietnam era; they must present verification of the Hmong or Highland Laotian's INS forms and their status as a member of the tribal member's family; and must meet one of the following:

    1. Spouse remains married to the tribal member; or

    2. Was married to the member at the time of the member's death and has not remarried; or

    3. Unmarried dependent children of the tribal member are eligible if they are:

  4. Refugee entrants are eligible indefinitely. Refugee status is determined by the following:

    1. INS Form I-94 showing entry as refugee under Section 207; or

    2. INS Form I-688B annotated 274a.12(a)(3); or

    3. INS Form I-766 annotated A3; or

    4. INS Form I-571; or

    5. INS Form I-551 or I-151 annotated RE1, RE2, RE3, RE4, RE5, RE6, RE7, RE8, RE86, RE9, IC6, or IC7

  5. Asylee entrants are eligible indefinitely. Asylee status is determined by the following:

    1. INS Form I-94 showing grant of asylum under Section 208; or

    2. Grant letter from Asylum Office of the INS; or

    3. Order from immigration judge granting asylum; or

    4. INS Form I-688B annotated 274.a12(a)(5); or

    5. INS Form I-766 annotated A5.

    6. INS Form I-551 or I-151 annotated with AS6, AS7, AS8, or AS9.

  6. Parolee entrants are eligible if admitted under Section 212 (d)(5) of the INA and the parolee status is granted for at least one year and the individual:

    1. Meets military eligibility criteria identified under Section 0 below; or

    2. Has resided in the U.S. for at least 5 years with parolee status.

    3. Has INS Form I-94 showing admission under section 212 (d)(5) of the INA.

  7. Entrants whose deportation is being withheld are eligible indefinitely. Deportation is being withheld status is determined by the following:

    1. Order from Immigration Judge showing deportation withheld under Section 243(h) or 241(b)(3); or

    2. INS Form I-688B annotated 274a.12(a)(10); or

    3. INS Form I-766 annotated A-10.

    4. If alien's status changes to lawful permanent resident, individual remains eligible.

  8. Cuban or Haitian entrants are eligible indefinitely. Cuban/Haitian status is determined by the following:

    1. INS Form I-94 annotated with code CU6 or CU7, or stamped Cuban/Haitian Entrant under Section 212(d)(5) of the INA; or

    2. Unexpired temporary I-551 stamp in foreign passport.

    3. INS Form I-551 or I-151 annotated with code CU6, CU7, or CH6.

  9. Amerasian entrants are eligible indefinitely. Amerasian status is determined by the following:

    1. INS Form I-94 annotated with code AM1, AM2, or AM3; or

    2. Unexpired temporary I-551 stamp in foreign passport.

    3. INS Form I-551 annotated with code AM6, AM7, or AM8.

  10. Victim of Human Trafficking are eligible as long as their Certification letter is valid. Trafficking status is determined by the following:

    1. Individuals, age 18 or older must have an original Certification letter issued from the Office of Refugee Resettlement (ORR); or

    2. Individuals under age 18 must have an original trafficking letter from the Office of Refugee Resettlement (ORR); or

    3. INS Form I-94 showing entry under section 212 (d)(5) of the INA.

  11. Individual granted conditional entry pursuant to INS Section 203 (a)(7) is eligible if the individual:

    1. Meets military eligibility criteria identified under Section 0 below; or

    2. Has resided in the U.S. for at least 5 years with conditional entrant status; or

    3. Has INS Form I-668B annotated 274a.12(a)(3); or

    4. Has INS Form I-766 annotated A3; or

    5. Has INS Form 1-551 or I-151 with code R86.

  12. Battered spouses and/or children are eligible if the individual has petitioned INS for permanent resident status if they:

    1. Have resided in the U.S. 5 years with INS status; or

    2. Meet the military criteria identified in Section 0 below; or

    3. Meet the 40 earned income quarters in 3233 if has lawful permanent resident status; and

    4. Are not residing with the family member who battered them.

    5. Verification of battered status is:

  13. An individual who is lawfully residing in the U.S. may be eligible if he/she:

    1. Is age 65 or older and was lawfully residing in the U.S. on 08-22-96; or

    2. Meets the FS definition of disabled (Sections 2012/2013); or

    3. Is under age 18; or

    4. Has resided in the U.S. for at least five years with a lawful resident status.

    5. Lawfully residing is defined as residing in the U.S. with INS approval.

    6. If none of the criteria in 1-5 is met, he/she must meet one of the criteria listed in this section (3200) to be considered eligible.

  14. Past or Current U.S. Military Involvement is defined as:

    1. Individual is on active duty with any of the U.S. Armed Forces units. Active duty is defined as minimum active duty (24 months) or the period for which the individual was called to active duty.

    2. Individual was honorably discharged from the U.S. Armed Forces for reasons other than alien status as long he/she fulfills the minimum active duty service or individual has died in active military naval or air service. This includes an individual who served before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the U.S. or in the Philippine Scouts.

  15. Spouse or Unmarried Dependent Children of individual with U.S. Military Involvement:

    1. Spouse must be married to the veteran/service (wo)man or was married to the individual at the time of his/her death for a least one year, or for any period if a child was born to the veteran and non-citizen, and the spouse has not remarried.

    2. Unmarried dependent children of the veteran/service wo(man) are eligible if they are:

  16. Iraqi Special Immigrants are eligible from the date of entry or from the date status was changed to special immigrant. Spouses and unmarried children under the age of 21 are eligible from date of entry or from the date status was changed to special immigrant.

If the individual entered the U.S. under another immigration status and is eligible under program rules under that status, that status will continue regardless if the individual changes his/her status to Iraqi special immigrants.

Example: Individual U.S. as an asylee. Asylees are eligible without time restrictions thus the individual remains eligible under asylee status even if at a later date the individual changes his/her status to Iraqi special immigrant; or

Children under age 18 who are legally residing in the U.S. are eligible thus the child of an Iraqi special immigrant rules apply to children over age 17 and under 21 years of age.

This special immigrant status is determined by the following.

  1. Afghan Special Immigrants are eligible from the date of entry or from the date status was changed to special immigrant. Spouses and unmarried children under the age of 21 are eligible from the date of entry or from the date status was changed to special immigrant.

If the individual entered the U.S. under another immigration status and is eligible under program rules under that status, that status will continue regardless if the individual changes his/her status to Iraqi special immigrants.

This special immigrant status is determined by the following.

 

 


South Dakota Food Stamp Certification Manual May 2010, Rev. 10-14