305.15 Qualified Aliens Eligible Only for the First 7 Years in the U.S. SR 03-06, 04/03 (FSM-A)

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The following qualified aliens are eligible to receive food stamps during the first 7 years from date of entry or date of BCIS action to grant applicable status:

• Refugees, from date of entry into the U.S. with such status;

 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 in accordance with the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386). Certified victims of trafficking must meet all other food stamp program eligibility criteria in order 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.

• Asylees, from date of INS action to grant asylum;

• Cuban/Haitian Immigrants from date of entry into the U.S. with such status;

• Amerasian Immigrants; and

• Non-citizens whose deportation is being withheld, from the date of BCIS action to withhold deportation.

Once opened for benefits under the criteria specified above, an adjustment to a more limited alien eligibility status during the 7-year period does not alter the qualified alien’s less rigorous eligibility status for the full 7-year period. When the 7 year period expires, terminate food stamp eligibility effective the 1st day of the month following the month containing the last day of the 7-year period unless the individual meets other eligibility criteria. See Section 305.13, Qualified Aliens Eligible Without Restriction.