305.01 Definition of U.S. Citizen SR 01-17, 06/01 (FSM-A)

U.S. citizens are:

• individuals born in the United States, Puerto Rico, Guam, Northern Mariana Islands, Virgin Islands, American Samoa, or Swain’s Island;

• foreign-born children, under age 18, residing in the U.S. with their birth or adoptive parents, at least one of whom is a U.S. citizen by birth or naturalization; and

• individuals granted citizenship status by Immigration and Naturalization Services (INS).

To receive benefits, an individual must be either a U.S. citizen or an eligible qualified alien (see Section 305.09, Determining Qualified Alien Status).

Exceptions: The two alien groups noted below are potentially eligible for food stamps, even if they are not qualified aliens.

American Indians

Native Americans who are members of an Indian tribe as defined in section 4(e) of the Indian Self-determination and Education Assistance Act [25 USC 450(e)], or were born in Canada and are covered under the provisions of section 289 of the Immigration and Nationality Act (8 USC 1359)) are eligible for food stamps, regardless of qualified alien status. Canadian-born Indians must have at least 50 % American Indian blood. Individuals meeting these criteria include tribal members of the St. Regis Band of Mohawk in New York State, the Micmac in Maine, Abenaki in Vermont, and the Kickapoo in Texas.

Hmong or Highland Laotian Tribe Members

Hmong or Highland Laotian tribe members currently legally residing in the US who were tribal members at the time the tribe rendered assistance to US forces during the Vietnam military or rescue operation beginning August 5, 1964, and ending May 7, 1997, and spouses or unremarried surviving spouses, and unmarried dependent children of the tribe member are potentially eligible for food stamp benefits, regardless of qualified alien status.