Noncitizens

A noncitizen applying for SNAP benefits and claiming an eligible noncitizen status must verify that he or she is present in the United States (U.S.) under one of the noncitizen statuses provided in 106 CMR 362.220(A). The status of a noncitizen must be verified at certification, at recertification or whenever the status of the noncitizen changes or is questionable. Verification of an eligible noncitizen status must be presented before the determination of SNAP eligibility. When a noncitizen applying for SNAP benefits indicates an inability or unwillingness to provide information about, or acceptable verification of, his or her eligible noncitizen status, that household member shall be ineligible. In such cases the Department shall not continue efforts to obtain documentation. Also, if a noncitizen applying for SNAP benefits indicates an inability or unwillingness to provide, or apply for, a Social Security Number due to immigration status he or she is ineligible. The Department shall not continue efforts to obtain documentation. SNAP eligibility will be determined in accordance with 106 CMR 365.520(A) for the household members who do verify an eligible noncitizen status. The Commissioner or designee is required to report to the United States Citizenship and Immigration Services (USCIS) information about noncitizens "known to be in the U.S. unlawfully" as defined in 106 CMR 362.240. SNAP - Eligible Noncitizen Status. A noncitizen's eligibility for SNAP benefits depends on the noncitizen being a qualified noncitizen and meeting certain conditions related to the qualified noncitizen status. (A) A qualified noncitizen is a person who, at the time the person applies for or receives SNAP benefits, is in one of the following categories as determined by the USCIS: (1) refugees admitted to the U.S. under section 207 of the INA, including a victims of severe forms of trafficking; (2) asylees admitted to the U.S. pursuant to section 208 of the INA; (3) noncitizens whose deportation is withheld pursuant to section 243(h) or whose removal is withheld pursuant to section 241(b)(3) of the INA; (4) Cuban/Haitian entrants (defined by section 501(e) of the Refugee Education Assistance Act of 1980); (5) Amerasians defined by in section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1988; (6) noncitizens paroled as a refugee or asylee pursuant to section 212(d)(5) of the INA for at least one year; (7) conditional entrants pursuant to section 203(a)(7) of the INA; (8) legal permanent residents; and (9) battered noncitizens. (B) To receive SNAP benefits the qualified noncitizen must meet the conditions of one of the following USCIS statuses: (1) Refugee. A noncitizen present in the U.S. as a refugee under section 207 or 207(c) of the INA is an eligible noncitizen. (2) Asylee. A noncitizen present in the U.S. as a refugee under section 208 of the INA is an eligible noncitizen. (3) Withholding of Deportation. A noncitizen whose deportation is being withheld under section 243(h) or whose removal is withheld under section 241(b)(3) of the INA is an eligible noncitizen. (4) Cuban/Haitian Entrant. A noncitizen who is present in the U.S. as a Cuban/Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980) is an eligible noncitizen. (5) Amerasian. A noncitizen from Vietnam who is present in the U.S. as an Amerasian immigrant (as defined in section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1988) is an eligible noncitizen. (6) Victims of Severe Forms of Trafficking. A noncitizen who is present in the U.S. and has been issued a letter from the U.S. Department of Health and Human Services (HHS) verifying that the noncitizen is a victim of severe forms of trafficking as defined in 106 CMR 362.240(E) is an eligible noncitizen. (7) Legal Permanent Resident. A noncitizen present in the U.S. as a legal permanent resident is an eligible noncitizen when he or she: (a) prior to adjustment to legal permanent resident status, was: 1. a refugee pursuant to section 207 of the INA, including a victim of severe forms of trafficking; 2. an asylee pursuant to section 208 of the INA; 3. a noncitizen whose deportation was being withheld pursuant to section 243(h) or 241(b)(3) of the INA; 4. a Cuban/Haitian entrant (defined by section 501(e) of the Refugee Education Assistance Act of 1980); or 5. an Amerasian immigrant (defined by section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1988). (b) has resided as a qualified noncitizen in the U.S. for five years; (c) is elderly, born on or before August 22, 1931, and who was lawfully residing in the U.S. on August 22, 1996; (d) is a child younger than 18 years old; (e) is disabled as defined in 106 CMR 361.210: Elderly or Disabled Individuals; (f) has worked a minimum of 40 qualifying quarters pursuant to Title II of the Social Security Act including qualifying quarters of work not covered by Title II; (g) can be credited with a total of 40 qualifying quarters pursuant to Title II of the Social Security Act as worked by a combination of: 1. the noncitizen; 2. parent(s) of the noncitizen while the noncitizen was younger than 18 years old, including quarters worked before the noncitizen was born or adopted; and/or 3. the spouse of the noncitizen during their marriage if the noncitizen is still married to the spouse or is widowed; or No quarter may be claimed after December 31, 1996 if benefits from a federal means-tested program, defined by 106 CMR 362.240, were received from any state during that same quarter. (h) is a veteran or active duty personnel as defined in 106 CMR 362.240(F). (8) Battered Noncitizen. A noncitizen who is battered is an eligible noncitizen when he or she has proof of the battering and meets the following conditions: (a) The noncitizen must have one of the following: 1. a Form I-130 petition filed by his or her spouse or parent; 2. a Form I-130 petition filed as a widow(er) of a U.S. Citizen; 3. an approved self-petition under the Violence Against Women Act or a pending self-petition under the Act with a notice of prima facie determination (including those filed by a parent); or 4. an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence; (b) The noncitizen, the noncitizen's child or the noncitizen child's parent has been abused in the U.S. under any of the circumstances in 106 CMR 362.220(B)(8)(b)1. through 3.: 1. The noncitizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse's or parent's family residing in the same household, if the spouse or parent consents to or acquiesces in the battery and cruelty; 2. The noncitizen's child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse's or parent's family residing in the same household if the spouse or parent consents to or acquiesces in the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty; or 3. The parent of a noncitizen child has been battered or subjected to extreme cruelty in the U.S. by the parent's spouse, or by a member of the spouse's family residing in the same household as the parent, if the spouse consents to or acquiesces in such battery or cruelty; (c) There is a substantial connection between the battery or extreme cruelty and the need for SNAP benefits; (d) The battered noncitizen, child, or parent no longer resides in the same household as the abuser; and (e) The noncitizen meets one of the following conditions: 1. has resided as a qualified noncitizen in the U.S. for five years; 2. was born on or before August 22, 1931 and was lawfully residing in the U.S. on August 22, 1996; 3. is a child younger than 18 years old; 4. is disabled as defined by 106 CMR 361.210: Elderly or Disabled Individuals; or 5. is a veteran or active duty personnel as defined by 106 CMR 362.240(F). (9) Parolee. A noncitizen present in the U.S. as a parolee under section 212(d)(5) of the INA for at least one year is an eligible noncitizen when he or she: (a) has resided as a qualified noncitizen in the U.S. for five years; (b) was born on or before August 22, 1931 and was lawfully residing in the U.S. on August 22, 1996; (c) is a child younger than 18 years old; (d) is disabled as defined by 106 CMR 361.210: Elderly or Disabled Individuals; or (e) is a veteran or active duty personnel as defined in 106 CMR 361.240(F). (10) Conditional Entrant. A noncitizen present in the U.S. as a conditional entrant under section 203(a)(7) of the INA is an eligible noncitizen when he or she: (a) has resided as a qualified noncitizen in the U.S. for five years; (b) was born on or before August 22, 1931 and was lawfully residing in the U.S. on August 22, 1996; (c) is a child younger than 18 years old; (d) is disabled as defined by 106 CMR 361.210: Elderly or Disabled Individuals; or (e) is a veteran or active duty personnel as defined by 106 CMR 362.240(F). (C) Verification of Noncitizen Status. The noncitizen must submit verification, in accordance with Department procedures, of the eligible noncitizen status and the date the status was granted for each household member at application. Unchanged noncitizen status shall not be reverified unless the information is questionable or outdated. In addition, the noncitizen must verify other noncitizen eligibility requirements as described under the applicable noncitizen status at 106 CMR 362.220(A). If the noncitizen claims an eligible noncitizen status but the documentation is lost or missing, and he or she verified that they have formally requested from a Federal agency verification of their noncitizen status, the Department shall certify the individual for up to six months from the date of the original request for verification. (D) Ineligible Legal Noncitizen Status. An individual present in the U.S. under conditions or sections of the INA not described in 106 CMR 362.220(A) and (B) is ineligible for SNAP benefits. His or her income or assets shall be considered in accordance with 106 CMR 365.520(B). (E) Nonimmigrant Noncitizen Status. An individual lawfully residing in the U.S. in a non- qualified status (such as a student or H1-B Visa worker) is ineligible for SNAP benefits. The nonimmigrant shall be ineligible in accordance with 106 CMR 361.230(D) and his or her income and assets are considered available to any remaining household members in accordance with 106 CMR 365.520(A). (F) Undetermined Noncitizen Status. When a household indicates an inability or unwillingness to provide verification of an eligible noncitizen status for anyhousehold member, that household member shall be ineligible in accordance with 106 CMR 361.230(D), and his or her income and assets considered available to any remaining household members in accordance with 106 CMR 365.520(A). In such cases the Department shall not continue efforts to obtain documentation. (G) Not Legally Residing Noncitizen Status. When a household verifies illegal noncitizen status for any household member by presenting to the Department a Final Order of Deportation, that household member shall be ineligible in accordance with 106 CMR 361.230(D), and his or her income and assets considered available to any remaining household members in accordance with 106 CMR 365.520(A).