HAR §17-655-44. Aliens eligible for food stamps

(a) The following aliens shall not be eligible: (1) Aliens lawfully admitted for permanent residence under the INA (except as provided for under subsection (b)); (2) Aliens paroled under section 212(d)(5) of the INA for a period of at least one year; or (3) Aliens granted conditional entry pursuant to section 203(a)(7) of the INA in effect prior to April 1, 1980. (b) Aliens who entered the United States prior to August 22, 1996 shall have their eligibility determined as follows: (1) The following shall be eligible for five years after they obtain the designated alien status: (A) Refugees admitted under section 207 of the INA; 655-28 (B) Asylees admitted under section 208 of the INA; and (C) Aliens whose deportation has been withheld under section 243(h) of the INA. (2) The following shall be eligible for an unlimited period: (A) Veterans who were honorably discharged for reasons other than alienage; (B) Active duty personnel (other than active duty for training); (C) The spouse or unmarried dependent children of these veterans and active duty personnel; and (D) Aliens lawfully admitted for permanent residence under the INA. These aliens must have worked forty qualifying quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters. A qualifying quarter includes: (i) One worked by a parent of an alien while the alien was under eighteen years of age; and (ii) One worked by a spouse during their marriage if the alien remains married to the spouse or the spouse is deceased. Beginning January 1, 1997, any quarter in which the alien received any federal means-tested public benefit is not counted as a qualifying quarter. 655-29 (c) The provisions of subsections (a) and (b) shall not apply until April 1, 1997 to an alien who received food stamp benefits on August 22, 1996, unless such alien is determined ineligible. The branch shall redetermine the eligibility of all such aliens during the period beginning April 1, 1997 and ending August 22, 1997. (d) Aliens who entered the United States on or after August 22, 1996 shall not be eligible for a period of five years beginning on the date of the alien's entry into the United States. The provisions of this subsection shall not apply to the following aliens: (1) Refugees admitted under section 207 of the INA; (2) Asylees admitted under section 208 of the INA; (3) Aliens whose deportation has been withheld under section 243(h) of the INA; (4) Veterans who were honorably discharged for reasons other than alienage; (5) Active duty personnel (other than active duty for training); (6) The spouse or unmarried dependent children of these veterans and active duty personnel; and (7) Refugee and entrant assistance activities authorized by Title IV of the INA and section 501 of the Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as defined in section 501(e)(2) of the Refugee Education Assistance Act of 1980. [Eff 3/19/93; am 10/28/96 ] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.4; Pub. L. No. 104-193 (1996))