18 MAC Pt. 14, R. 9.3
Qualified Non-Citizens Not Subject to the Five-Year Waiting Period
Cite as 18 Miss. Admin. Code Pt. 14, R. 9.3
Qualified Non-Citizens Not Subject to the Five-Year Waiting Period.
A qualified non-citizen is eligible to receive SNAP and is not subject to the requirements to be in
qualified status for five (5) years (and thus eligible regardless of their date of entry) if one of the
following criteria apply:
A. 18 or older (LPRs) under the INA who has 40 qualifying quarters as determined by Title II
of the Social Security Act.
1. A qualifying quarter of earned income is defined as the amount of earnings received
by the individual or credit from his or her spouse (as long as the couple is still
married, or the spouse is deceased) or credit from parents (before the non-citizen
became 18 including before the child was born or adopted);
2. If eligibility is determined based on the quarters of coverage by a spouse and then
the couple divorces, the non-citizen’s eligibility continues until the next
recertification;
3. If any Federal means-tested public benefits (including SNAP benefits) were
received in any quarter after 12-31-96, then that quarter is not creditable towards
the 40-quarter total.
B. Cuban/Haitian;
C. Amerasian: An Amerasian who entered under Section 584 of Foreign Operations, Export
Financing and Related Program Appropriations Act, Public Law 100-202, as amended by
Public Law 100-461;
D. Military Non-Citizens
1. A veteran who was honorably discharged for reason other than non-citizen status;
2. On active duty (other than for training); or
3. Spouse and unmarried dependent children (under 18, a full-time student under 22,
unmarried disabled child 18 or older if child was disabled and dependent prior to
the child’s 18th birthday( of a person described above);
E. Blind or Disabled (LPR)
F. Person who was lawfully living in the U.S. on August 22, 1996 and who was born on or
before August 22, 1931;
G. Qualified non-citizen children under 18 years of age;
H. Certain American Indians (LPR)
I. Certain Hmong or Highland Laotian Tribal Members (LPR)