305.11 Eligibility for Qualified Aliens (FSM)

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To receive Food Stamp benefits, qualified aliens must also meet one of the categories specifically mentioned in:

• Section 305.13. Qualified Aliens Eligible Without Restriction;

• Section 305.14, Special Category Non-Citizens Eligible Without Restriction; or

• Section 305.15, Qualified Aliens Eligible After Meeting Certain Criteria.

Exception: Non-citizens who have been certified as a victim of trafficking by the Office of Refugee Resettlement (ORR), and who do not meet the definition of qualified alien, may still be eligible for Food Stamp benefits as if the individuals were admitted to the U.S. as refugees. See Section 305.13, Qualified Aliens Eligible Without Restriction, for a description of the eligibility status of refugees. Certified victims of trafficking must meet all other Food Stamp program eligibility criteria to receive benefits. The ORR certification letters contain expiration dates which are 8 months from the initial certification date, and can be renewed, if the trafficking circumstances continue to be met, only by ORR.

If the qualified alien does not meet one of the criteria specified above, the alien is not eligible for Food Stamp benefits.

References: 7 CFR 273.4(a)(6), 8 USC 1611, 1621, & 1641(c)(1)(A), 62 Federal Register 61366 (Nov. 17, 1997)