WAG 03-01-03-g.

A noncitizen who was legally residing in the U.S. on 08/22/96, if they were age 65 on 08/22/96 (born on or before 08/22/31), may meet citizenship status to qualify for SNAP benefits. Current INS status must be:

  • lawful permanent resident;
  • conditional entrant under section 203(a)(7) of the INA;
  • parolee for at least a year under section 212(d)(5) of the INA; or
  • abused spouse or child, or parent or child of an abused person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of the INA. This status does not apply if the noncitizen lives with the abuser.

NOTE: A lawful permanent resident, conditional entrant, parolee, or abused person as defined above who has lived in the U.S. for 5 years meets the citizenship status to qualify for SNAP benefits as described in PM 03-01-03-e.

INS status on 8/22/96 must have been:

  • temporary resident status under section 210 or 245A of the INA; or
  • temporary protected status under section 244A of the INA; or
  • family unity beneficiary status under section 301 of P.L. 101-649, as amended; or
  • deferred enforced departure status under a decision made by the President; or
  • deferred action status under INS Operations Instructions at OI 242.1(a)(22); or
  • spouses and children of U.S. citizens whose visa petitions have been approved and who have a pending application for adjustment of status.