A-340, Qualified Alien Status Eligibility Charts

Revision 23-2; Effective April 1, 2023

An alien's eligibility is based on the USCIS status and other criteria as shown in A-341, SNAP Alien Status Eligibility Charts, and A-342, TANF and Medical Programs Alien Status Eligibility Charts.

A-341 SNAP Alien Status Eligibility Charts

Revision 23-2; Effective April 1, 2023

Chart A

If the qualified alien was admitted as a/an …

and the USCIS document provided is a/an …

then the alien is …

Refugee

  • *I-551, Permanent Resident Card, annotated with R8-6, RE-1 thru RE-9;
  • I-94, Arrival/Departure Record, annotated with INA Section 207 or Refugee;
  • Original certification letter from the Office of Refugee Resettlement (ORR);
  • I-766, Employment Authorization Document, annotated with Code A3;

eligible from date of entry.

Asylee

  • *I-551, Permanent Resident Card, annotated with AS-6 thru AS-8;
  • I-94, Arrival/Departure Record, annotated with INA Section 208 or Asylee;
  • I-766, Employment Authorization Document, annotated with Code A5;
  • USCIS letter from Asylum Office;
  • Order from an immigration judge granting asylum;

eligible from date of entry.

Deportation Withheld

  • I-94, Arrival/Departure Record, annotated with INA Section 243(h) or 241(b)(3);
  • I-766, Employment Authorization Document, annotated with Code A10;
  • Order from an immigration judge showing deportation withheld under INA Section 243(h) or 241(b)(3). Consider the date of entry as the date the status was assigned.

eligible from date of entry.

Cuban/Haitian Entrant

  • *I-551, Permanent Resident Card, annotated with R8-6, CH-6, CU-6, CU-7;
  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) or Cuba/Haitian Entrant;
  • I-94, Arrival/Departure Record, annotated with INA Section 240, Pending Hearing – Cuban granted parole for one year;
  • I-94, Arrival/Departure Record, annotated as Public Interest Parole;
  • I-766, Employment Authorization Document, annotated with Code C8;
  • Receipt from INS Asylum Office indicating filing of Form I-589, Application for Asylum;
  • I-220A, Order of Release on Recognizance;
  • I-862, Notice to Appear.

eligible from date of entry.

Haitian Orphan

  • I-94, Arrival/Departure Record, indicating the person has humanitarian "parole" status admitted after Jan. 12, 2010;
  • Immigrant visa indicating the person was lawfully admitted for permanent residence;
  • *I-551, Permanent Resident Card, annotated with Status Code CH-6;

eligible from date of entry.

Amerasian

  • *I-551, Permanent Resident Card, annotated with one of the following Status Codes: AM-1, AM-2, AM-3, AM-6, AM-7 or AM-8;

eligible from date of entry.

Victim of Severe Trafficking

  • Derivative T Visa annotated with T-1;
  • Derivative T Visa annotated with T-2, T-3, T-4, T-5 (family members of a victim of severe trafficking);

eligible up to four years from date of entry or until the law enforcement extension expires.

Afghan or Iraqi Special Immigrant

Passport with a Machine Readable Immigrant Visa (MRIV) or with a stamp noting that the person has been admitted under a special immigrant visa (IV) category with one of the following codes:
 

  • SI-1 or SQ-1 for the principal applicant;
     
  • SI-2 or SQ-2 for the spouse of principal applicant;
     
  • SI-3 or SQ-3 for the unmarried child under 21 of principal applicant; and a 
  • Department of Homeland Security(DHS) stamp or notation on passport or I-94, showing date of entry. This includes a DHS or CBP, or DHS or USCIS temporary Form I-551 Alien Documentation Identification and Telecommunication (ADIT) stamp.

Or

*I-551 annotated with an IV code for category SQ-1, SQ-2 or SQ-3.

Or

I-765, Employment Authorization Document (EAD), receipt notice with code SQ1, SQ2, SQ3, SQ6, SQ7 or SQ8.

Or

I-766, Employment Authorization Document (EAD), with code SQ1, SQ2, SQ3, SQ6, SQ7 or SQ8.
 

For special immigrants who are Special Immigrant Parolees (SI or SQ Parole):

I-94 noting Special Immigrant Status (SI/SQ) Parole Section 602 (B)(1) AAPA/Sec 1059(a) NDAA 2006 or SQ4/SQ5 SI Parolee notation signed and dated by USCIS officer:

  • SQ-4 for the principal applicant;
  • SQ-5 for the spouse or unmarried child under 21 of principal applicant.

For special immigrants who are adjusting their status to LPR status in the U.S.:

*I-551, Permanent Resident Card, annotated with one of the following status codes:

  • SI-6 or SQ-6 for the principal applicant,
  • SI-7 or SQ-7 for the spouse of principal applicant; or
  • SI-8 or SQ-8 for the unmarried child under 21 of principal applicant.


Special immigrants may also demonstrate nationality with an Afghan or Iraqi passport.

For special immigrants who are conditional permanent residents (SI CPRs) adjusting their status to LPR status in the U.S.:

Passport with a MRIV, or DHS or CBP stamp noting admission under IV Category with one of the following codes:

  • CQ1 for the principal applicant;
  • CQ2 for the spouse of principal applicant; or
  • CQ3 for the unmarried child under 21 of principal applicant; and a
  • DHS stamp or notation on passport or I-94, showing date of entry. This includes DHS or CBP, or DHS or USCIS, temporary Form I-551 Alien Documentation Identification and Telecommunication (ADIT) stamp.

Or

*I-551 with an IV code for category CQ1, CQ2, or CQ3.

Or

I-765, Employment Authorization Document (EAD), receipt notice with code C11.

Or

I-766, Employment Authorization Document (EAD), with code C11.


Note: The entry date for an Afghan special immigrant must be Dec. 26, 2007, or later. The entry date for an Iraqi special immigrant must be Jan. 26, 2008, or later.

eligible from date of entry.

*An I-551, Permanent Resident Card, does not always include the holder's signature.

Note: The category of aliens listed in Chart A are eligible for SNAP benefits from the date they adjust to any of the specific statuses listed in the chart. For example, once an alien is granted asylee status, they are potentially eligible for SNAP benefits.

Use the following chart to determine the eligibility of these qualified aliens. Their eligibility is indefinite regardless of their date of entry into the U.S.

Chart B

If the alien was admitted as a …

and the USCIS document provided is an …

then the alien is eligible if the alien …

Parolee

  • I-94, Arrival/Departure Record, showing admission for at least one year under INA Section 212(d)(5) or Parolee;
  • I-766, Employment Authorization Document, annotated with A-4 or C-11;
  • has lawfully resided as a qualified immigrant in the U.S. for five years;
  • meets the SNAP definition of disability regardless of when the alien acquired a disability or when the alien entered the U.S.;
  • is currently under 18 regardless of when the alien entered the U.S.; or
  • is the spouse, unmarried surviving spouse or minor unmarried dependent child of an honorably discharged veteran or is an active duty military member.

Conditional Entrant

  • I-94, Arrival/Departure Record, annotated with INA Section 203(a)(7);
  • I-766, Employment Authorization Document, annotated with A3;
  • has lawfully resided as a qualified immigrant in the U.S. for five years;
  • meets the SNAP definition of disability regardless of when the alien acquired a disability or when the alien entered the U.S.;
  • is currently under 18 regardless of when the alien entered the U.S.;
  • is the spouse, unmarried surviving spouse or minor unmarried dependent child of an honorably discharged veteran or is an active duty; or
  • military member.

Use the chart below to determine eligibility for Legal Permanent Residents.

Chart C

If the qualified alien was admitted as a …

and the USCIS document provide is an …

then the alien is eligible if the alien …

Legal Permanent Resident

  • I-151, Alien Registration Receipt Card (also known as a Green Card);
  • I-551, Resident Alien Card; and
  • *I-551, Permanent Resident Card (introduced Dec.1997)
  • has lawfully resided as a qualified immigrant in the U.S. for five years;
  • meets the SNAP definition of disability (regardless of when the alien acquired a disability or when the alien entered the U.S);
  • is currently under 18 (regardless of when the alien entered the U.S.);
  • meets the 40 qualifying quarters requirement;
  • is an honorably discharged veteran who met the minimum active duty requirements for 24 months;
    • or the period for which the person was called to active duty;
  • is an active duty military member; or
  • is the spouse, unmarried surviving spouse or minor dependent child of an honorably discharged veteran or active duty military member.


Note: To qualify for SNAP as a surviving spouse of a deceased veteran or an active duty military member, the surviving spouse must not have remarried.

*An I-551, Permanent Resident Card, does not always include the holder's signature.

Chart D

If the alien was admitted as a …

and the USCIS document provided is an …

then the alien is …

Native American born in Canada who is entitled by treaty to reside in the U.S.

  • *I-551, Permanent Resident Card, annotated with KIP – Kickapoo Indian Pass;
  • *I-551 annotated with S13 – American Indian born in Canada.
  • A letter or other tribal document certifying at least 50 percent American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

eligible.

Hmong or Highland Lao tribe member when the tribe assisted the U.S. Armed
Forces during the Vietnam War, or their spouses, unmarried dependent children, and the unmarried widow(er)s of those who are deceased

  • I-94 or *I-551

eligible if the immigrant:

  • is from Laos, Vietnam or Cambodia; and
  • claims to be a member of a Hmong or Highland Laotian tribe.

*An I-551, Permanent Resident Card, does not always include the holder's signature.

Related Policy

Verifying 40 "Qualifying Quarters," A-354
Verifying Alien's USCIS Documents, A-355
Definition of Disability, B-432

A-342 TANF and Medical Programs Alien Status Eligibility Charts

Revision 23-2; Effective April 1, 2023

Use the following chart to determine eligibility for qualified aliens who were admitted into the U.S. before Aug. 22, 1996.

Chart A

If the qualified alien was admitted as a/an …

and the USCIS document is a/an …

then the alien is …

Refugee

  • *I-551, Permanent Resident Card, annotated with R8-6, RE1 thru RE9
  • I-94, Arrival/Departure Record, annotated with INA Section 207 or Refugee
  • I-766, Employment Authorization Document, annotated with Code A-3
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Asylee

  • *I-551, Permanent Resident Card, annotated with AS-6 thru AS-9
  • I-94, Arrival/Departure Record, annotated with INA Section 208 or Asylee
  • I-766, Employment Authorization Document, annotated with Code A5
  • USCIS Asylum Office letter
  • Order from an immigration judge granting asylum
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Deportation Withheld

  • I-94, Arrival/Departure Record, annotated with INA Section 243(h) or 241(b)(3)
  • I-766, Employment Authorization Document, annotated with code A10
  • Order from an immigration judge showing deportation withheld under INA Section 243(h) or Section 241(b)(3). Consider the date of entry as the date the status was assigned.
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Cuban/Haitian Entrant

  • *I-551, Permanent Resident Card, annotated with R8-6, CH-6, CU-6 or CU-7
  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) or Cuban/Haitian Entrant
  • I-94, Arrival/Departure Record, annotated with INA Section 240 Pending Hearing – Cuban granted parole for one year
  • I-94, Arrival/Departure Record, annotated with Public Interest Parolee
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Haitian Orphan

  • I-94, Arrival/Departure Record, indicating person has humanitarian "parole" status admitted on or after Jan. 12, 2010
  • Immigrant visa indicating the person was lawfully admitted for permanent residence
  • *I-551, Permanent Resident Card, annotated with status code CH-5
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse including unmarried surviving spouse of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Amerasian

  • *I-551, Permanent Resident Card, annotated with one of the following status codes: AM-1, AM-2, AM-3, AM-6, AM-7 or AM-8
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Parolee

  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) showing admission for at least one year

Note: This does not include Cuban or Haitian entrants.

  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Conditional Entrant

  • I-94, Arrival/Departure Record, annotated with INA Section 203(a)(7)
  • I-766, Employment Authorization Document, annotated with status code A-3
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Legal Permanent Resident

  • I-151, Alien Registration Receipt Card – commonly referred to as Green Card
  • I-551, Resident Alien Card
  • *I-551, Permanent Resident Card
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Native American born in Canada who is entitled by treaty to reside in the U.S.

  • *I-551 annotated with KIC – Kickapoo Indian Citizen
  • *I-551 annotated with KIP – Kickapoo Indian Pass
  • *I-551 annotated with S13 – American Indian born in Canada
  • Letter — A letter or other tribal document certifying at least 50 percent American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse, including unmarried surviving spouse, of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on Aug. 22, 1996 and lawfully resided in the U.S. on or before Aug. 22, 1996; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

Compact of Free Association (COFA) citizens residing in the U.S.

  • Republic of the Marshall Islands (RMI);
  • Federated States of Micronesia (FSM); and Republic of Palau (PAL).

I-94 or I-766 annotated with the following Class of Admission (COA) Codes:

  • CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the Compact of Free Association
  • CFA/FSM – Citizen of the Federated States of Micronesia (FSM)
  • CFA/PAL – Citizen of the Republic of Palau

I-766 Employment Authorization Document (EAD) annotated with the following Category Code:

  • A-08 Citizen of the Marshall Islands, Micronesia or Palau admitted as a nonimmigrant

An unexpired passport annotated with one of the following:

  • CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the Compact of Free Association
  • CFA/FSM – Citizen of the Federated States of Micronesia (FSM)
  • CFA/PAL – Citizen of the Republic of Palau

 

  • Eligible for Medicaid

*An I-551, Permanent Resident Card, does not always include the holder's signature.

 

Use the following chart to determine eligibility for TANF and Medicaid for qualified aliens admitted into the U.S. on or after Aug. 22, 1996.

Chart B

If the qualified alien was admitted as a/an …

and the USCIS document provided is a/an …

then the alien is …

Refugee

  • *I-551, Permanent Resident Card, annotated with R8-6, RE1 thru RE9
  • I-94, Arrival/Departure Record, annotated with INA Section 207 or Refugee
  • An original certification letter from the Office of Refugee Resettlement (ORR)
  • I-766, Employment Authorization Document, annotated with Code A-3
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.

Asylee

  • *I-551, Permanent Resident Card, annotated with R8-6, AS-6 thru AS-9
  • I-94, Arrival/Departure Record, annotated with INA Section 208 or Asylee
  • I-766, Employment Authorization Document, annotated with Code A-5
  • USCIS letter from Asylum office
  • Order from an immigration judge granting asylum
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid, including Parents and Caretaker Relatives Medicaid, for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.

Deportation Withheld

  • I-94, Arrival/Departure Record, annotated with INA Section 243(h) or Section 241(h)(3)
  • I-766, Employment Authorization Document, annotated with Code A-10
  • Order from an immigration judge showing deportation withheld under INA Section 243(h) or Section 241(b)(3). Consider the date of entry as the date the status was assigned.
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid, including Parents and Caretaker Relatives Medicaid, for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.

Cuban/Haitian Entrant

  • *I-551, Permanent Resident Card, annotated with R8-6, CH-6, CU-6 or CU-7
  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) or Cuban/Haitian Entrant I-94, Arrival/Departure Record, annotated with INA Section 240, Pending Hearing – Cuban, granted parole for one year
  • I-94, Arrival/Departure Record, annotated as Public Interest Parole
  • I-220A, Order of Release on Recognizance
  • I-862, Notice to Appear
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.

Haitian Orphan

  • I-94, Arrival/Departure Record, indicating person has humanitarian "parole" status admitted on after Jan. 12, 2010
  • Immigrant visa indicating the person was lawfully admitted for permanent residence
  • *I-551, Permanent Resident Card, annotated with Status Code CH-6
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid, including Parents and Caretaker Relatives Medicaid, for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.

Amerasian

*I-551, Permanent Resident Card, annotated with one of the following status codes: AM-1, AM-2, AM-3, AM-6, AM-7 or AM-8

  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid, including Parents and Caretaker Relatives Medicaid, for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.

Afghan or Iraqi Special Immigrant

Passport with a Machine Readable Immigrant Visa (MRIV) or with a stamp noting that the person has been admitted under a special immigrant visa (IV) category with one of the following codes:

  • SI-1 or SQ-1 for the principal applicant;
  • SI-2 or SQ-2 for the spouse of principal applicant;
  • SI-3 or SQ-3 for the unmarried child under 21 of principal applicant; and a DHS stamp or notation on passport (includes DHS or CBP, or DHS or USCIS temporary Form I-551 Alien Documentation Identification and Telecommunication (ADIT) stamp) or I-94, showing date of entry.

OR

*I-551 annotated with an IV code for category SQ-1, SQ-2 or SQ-3.

OR

I-765, Employment Authorization Document (EAD), receipt notice with code SQ1, SQ2, SQ3, SQ6, SQ7 or SQ8.

OR

I-766, Employment Authorization Document (EAD), with code SQ1, SQ2, SQ3, SQ6, SQ7 or SQ8.
 

For special immigrants who are Special Immigrant Parolees (SI or SQ Parole):

I-94 noting Special Immigrant Status (SQ or SI) Parole Section 602(B)(1) AAPA/Sec 1059(a) NDAA 2006 or SQ4/SQ5 SI Parolee notation signed and dated by USCIS officer:
SQ-4 for the principal applicant;
SQ-5 for the spouse or unmarried child under 21 of principal applicant.

OR

I-765, Employment Authorization Document (EAD), receipt notice with code C11.

OR

I-766, Employment Authorization Document (EAD), with code C11.

For special immigrants who are adjusting their status to LPR status in the U.S.:

*I-551 annotated with one of the following status codes:

  • SI-6 or SQ-6 for the principal applicant;
  • SI-7 or SQ-7 for the spouse of principal applicant; or
  • SI-8 or SQ-8 for the unmarried child under 21 of principal applicant.

Special immigrants also may demonstrate nationality with an Afghan or Iraqi passport.

For special immigrants who are conditional permanent residents (SI CPRs) adjusting their status to LPR status in the U.S.:

Passport with a MRIV, or DHS or CBP stamp noting admission under IV Category with one of the following codes:

  • CQ for the principal applicant,
  • CQ2 for the spouse of principal applicant; or
  • CQ3 for the unmarried child under 21 of principal applicant; and
  • a DHS stamp or notation on passport (includes DHS or CBP, or DHS or USCIS temporary Form I-551 Alien Documentation Identification and Telecommunication (ADIT) stamp) or I-94, showing date of entry.

OR

*I-551 annotated with an IV code for category CQ1, CQ2 or CQ3.

OR

I-765, Employment Authorization Document (EAD), receipt notice with code C11.

OR

I-766, Employment Authorization Document (EAD), with code C11.
 

Note: The entry date for an Afghan special immigrant must be Dec. 26, 2007, or later. The entry date for an Iraqi special immigrant must be Jan. 26, 2008, or later.

  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid, including Parents and Caretaker Relatives Medicaid, for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.

Victim of Severe Trafficking

  • Derivative T Visa annotated with T-1
  • Derivative T Visa annotated with T-2, T-3, T-4, or T-5 (family members of a victim of severe trafficking)

eligible up to four years from date of entry or until the law enforcement extension expires.

Note: Qualified aliens retain this eligibility even if they have adjusted to LPR status.

Native American born in Canada who is entitled by treaty to reside in the U.S.

  • *I-551 annotated with KIC – Kickapoo Indian Citizen
  • *I-551 annotated with KIP – Kickapoo Indian Pass
  • *I-551 annotated with S13 – American Indian born in Canada
  • Letter — A letter or other tribal document certifying at least 50 percent American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada

eligible.

Member of a federally recognized Indian tribe

Letter — A letter or other tribal document that verifies membership of a federally recognized Indian tribe as defined in United States Code (U.S.C.), Title 25, Chapter 14, Subchapter II, Section 450b(e)

eligible.

Compact of Free Association (COFA) citizens residing in the U.S.

  • Republic of the Marshall Islands (RMI);
  • Federated States of Micronesia (FSM); and Republic of Palau (PAL).

I-94 or I-766 annotated with the following Class of Admission (COA) Codes:

  • CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the Compact of Free Association
  • CFA/FSM – Citizen of the Federated States of Micronesia (FSM)
  • CFA/PAL – Citizen of the Republic of Palau

I-766 Employment Authorization Document (EAD) annotated with the following Category Code:

  • A-08 Citizen of the Marshall Islands, Micronesia or Palau admitted as a nonimmigrant

An unexpired passport annotated with one of the following:

  • CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the Compact of Free Association
  • CFA/FSM – Citizen of the Federated States of Micronesia (FSM)
  • CFA/PAL – Citizen of the Republic of Palau

 

  • Eligible for Medicaid

*An I-551, Permanent Resident Card, does not always include the holder's signature.

Note: Click on the federal regulatory language hyperlink for a list of the Indian tribes recognized by the United States Bureau of Indian Affairs.

Use the following chart to determine eligibility for all LPRs and Parolees applying for TANF and adult LPRs and Parolees applying for Medicaid who were admitted into the U.S. on or after Aug. 22, 1996.

Chart C

If the qualified alien was admitted as a/an …

and the USCIS document provided is a/an …

then the alien is …

Legal Permanent Resident

  • I-151, Alien Registration Receipt Card – commonly referred to as Green Card
  • I-551, Resident Alien Card
  • *I-551, Permanent Resident Card

Notes:

  • Any status code that appears on the *I-551, Permanent Resident Card, is acceptable.
  • USCIS did not issue I-151s after 1978; therefore, any alien admitted after 1978 will have an *I-551.
  • If the LPR loses the *I-551, the LPR may present either an I-94 or a passport with the following annotation:

"Processed for *I-551, Temporary Evidence of Lawful Admission for Permanent Residence, valid until ______, Employment Authorized."

not eligible.

Note: A qualified alien retains the refugee eligibility period even if they have adjusted to LPR status.

Exceptions: An LPR meets the eligibility requirements if the person:

  • is a naturalized citizen;
  • is an honorably discharged veteran or active duty military member;
  • is a spouse, unmarried surviving spouse or minor unmarried child of an honorably discharged veteran or active duty military member. (Note: To qualify for TANF/MP as a surviving spouse of a deceased veteran or an active duty military member, the surviving spouse must not have remarried.);
  • entered the U.S. before Aug. 22, 1996, and remained continuously present in the U.S. since at least Aug. 21, 1996, until obtaining qualifying immigrant status and meets the 40 qualifying quarters of Social Security coverage requirement. Note: Aliens who entered the country without proper documents, as well as those who overstayed their visa, are treated the same as those who entered and remained in the country with valid immigration documents. Any single absence from the U.S. of more than 30 days or a combined absence of more than 90 days is considered interrupted "continuous presence.";
  • Received SSI, Medicaid or both on Aug. 22, 1996, and lawfully resided in the U.S. on or before Aug. 22, 1996;
  • entered the U.S. with a status described in Chart B and meets those eligibility criteria, or meets the criteria for Battered Aliens; or
  • meets the 40 qualifying quarters requirements and five years have passed since the alien's legal date of entry.

Parolee

  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) showing admission for at least one year.

Note: 

  • This does not include Cuban or Haitian entrants.

not eligible.

Exceptions: A Parolee meets the eligibility requirements if the person:

  • is a naturalized citizen;
  • is an honorably discharged veteran or active duty military member;
  • is a spouse, unmarried surviving spouse or minor unmarried child of an honorably discharged veteran or active duty military member. Note: To qualify for TANF/MP as a surviving spouse of a deceased veteran or an active duty military member, the surviving spouse must not have remarried.;
  • entered the U.S. before Aug. 22, 1996 and remained continuously present in the U.S. since at least Aug. 21, 1996, until obtaining qualifying immigrant status. Note: Aliens who entered the country without proper documents, as well as those who overstayed their visa, are treated the same as those who entered and remained in the country with valid immigration documents. Any single absence from the U.S. of more than 30 days or a combined absence of more than 90 days is considered interrupted "continuous presence.";
  • Received SSI, Medicaid or both on Aug. 22, 1996, and lawfully resided in the U.S. on or before Aug. 22, 1996;
  • entered the U.S. with a status described in Chart B and meets those eligibility criteria, or meets the criteria for Battered Aliens; or
  • has resided in the U.S. for five years since their legal date of entry.

Native American born in Canada who is entitled by treaty to reside in the U.S.

  • *I-551 annotated with KIC – Kickapoo Indian Citizen
  • *I-551 annotated with KIP – Kickapoo Indian Pass
  • *I-551 annotated with S13 – American Indian born in Canada
  • Letter — A letter or other tribal document certifying at least 50 percent American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada

eligible.

Member of a federally recognized Indian tribe

Letter — A letter or other tribal document that verifies membership of a federally recognized Indian tribe as defined in 25 U.S.C. §450b(e)

eligible.

*An I-551, Permanent Resident Card, does not always include the holder's signature.

Notes:

  • If the alien is ineligible for Medicaid because of citizenship or alien status, determine the alien's eligibility for Emergency Medicaid.
  • The federal regulatory language (external link) provides a list of the Indian tribes recognized by the United States Bureau of Indian Affairs.

Medical Programs

Certain additional qualified immigrant and non-immigrant children age 18 and under who are lawfully residing in the U.S. may qualify for Medicaid regardless of their date of entry.

Use the following chart to determine eligibility for qualified immigrant and non-immigrant children.

Note: The documents, immigration statuses, or both listed in the chart are not all inclusive. All lawfully residing children with a valid immigration status are eligible. Follow policy clearance request, procedures for questions about documents or immigration statuses not listed in this chart.

Exceptions:

  • Healthy Texas Women (HTW) recipients who turn 19 during their certification period will continue to receive HTW until their next redetermination. Review the HTW recipient's alien status at redetermination.
  • Medicaid for Transitioning Foster Care Youth (MTFCY) recipients qualify through the month of their 21st birthday.
  • Medicaid for Former Foster Care Children (FFCC) recipients qualify through the month of their 21st birthday.
  • Medicaid for Breast and Cervical Cancer (MBCC) recipients who applied before their 19th birthday remain eligible for Medicaid through the duration of their cancer treatment or until they no longer meet all the other eligibility criteria, whichever is earlier.

 

Chart D

If the qualified immigrant and non-immigrant's USCIS document is a/an …

then the qualified immigrant and non-immigrant is eligible if the annotation is …

I-94

  • INA Section 212(d)(5) showing admission for less than one year – Parolee
  • INA Section 203(a)(7) – Conditional Entrant

Note: The Bureau of Customs and Border Protection (CBP) also notates the I-94 with the letters "D/S," which stands for "duration of status," meaning that the authorized length of stay is not limited.

I-797C, or USCIS referral notice, or hearing notice or order from an immigration judge

241(b)(3):

  • Convention Against Torture (CAT) – An alien who has been granted withholding of removal under CAT
  • Applicants for asylum or withholding of removal, including under CAT
  • Applicants for asylum or withholding of removal, including under CAT if under 14 who has had an application pending for at least 180 days

*I-551

Note: If the LPR loses the *I-551, the LPR may present either an I-94 or a passport with the following annotation:

  • "Processed for I-551, Temporary Evidence of Lawful Admission for Permanent Residence, valid until ______, Employment Authorized."

Any status code that appears on the *I-551 is acceptable.

I-766

  • CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the Compact of Free Association
  • CFA/FSM – Citizen of the Federated States of Micronesia (FSM)
  • CFA/PAL – Citizen of the Republic of Palau

Aliens who have been granted employment authorization under 8 CFR 274a.12:

  • (c)(8) or C8 - Asylum applicant (w/ pending asylum application) who filed for asylum on or after Jan. 4, 1995
  • (c)(9) or C9 – Applicant for adjustment to lawful permanent resident status
  • (c)(10) or C10 – Applicant for suspension of deportation or cancellation of removal
  • (c)(11) or C11 – Alien paroled into the U.S. in the public interest or temporarily for emergency reasons
  • (c)(14) or C14 – Alien currently in deferred action status
  • (c)(16) or C16 – Applicant for registry (resided in U.S. since before Jan. 1, 1972)
  • (c)(18) or C18 – Under order of supervision
  • (c)(20) – Applicant for special agricultural worker legalization (INA 210)
  • (c)(22) – Applicant for legalization under INA 245A
  • (c)(24) – Applicant for adjustment under the LIFE Act Legalization Program

I-797

  • Alien currently in deferred action status
  • Action notice that identifies the alien as a self-petitioning battered alien
  • Special immigrant status under INA Section 101(a)(27)(J), the person will also have Form I-360

Visa

  • A or G – FSM, RMI or Palauan diplomats
  • TPS – Person under temporary protected status under INA Section 244

Academic student under INA 101(a)(15)(F):

  • F-1 - Academic student
  • F-2 - Spouse or children of F-1

Exchange visitor under INA 101(a)(15)(J)

  • J-1 - Exchange visitor
  • J-2 - Spouse or children of J-1

Fiancé or fiancée of U.S. citizen as permitted under INA Section 101(a)(15)(K):

  • K-1 – Fiancé or fiancée
  • K-2 – Child of K-1
  • K-3 – Spouse of U.S. citizen
  • K-4 – Child accompanying or following to join a K-3 alien

Vocational student under INA 101(a)(15)(M)

  • M-1 - Vocational student
  • M-2 - Spouse or children of M-1

Special immigrant under INA Section 101(a)(15)(N):

  • N-8 – Parent of alien classified SK-3 "Special Immigrant"
  • N-9 – Child of N-8, SK-1, SK-2 or SK-4, "Special Immigrant"

Religious worker under INA Section 101(a)(15)(R):

  • R-1 – Religious worker
  • R-2 – Spouse or children of R-1

Witness or informant as permitted under INA Section 101(a)(15)(S):

  • S-5 – Informant of criminal organization information
  • S-6 – Informant of terrorism information

Victim of severe trafficking as permitted under INA Section (a)(15)(T):

  • Derivative T Visa annotated with T-1
  • Derivative T Visa annotated with T-2, T-3, T-4 or T-5 (family members of a victim of severe trafficking)

Victims of certain crimes – Battered aliens under 101(a)(15)(U):

  • U-1 – People who have suffered substantial physical or mental abuse as victims of criminal activity
  • U-2 – Spouse of U-1
  • U-3 – Child of U-1
  • U-4 – Parent of U-1, if U-1 is under 21
  • U-5 – Unmarried, under 18, sibling of U-1

People with a petition pending for three years or more, as permitted under INA Section 101(a)(15)(V):

  • V-1 – Spouse of an LPR who is the principal beneficiary of a family-based petition (Form I-130) that was filed prior to December 21, 2000, and has been pending for at least three years
  • V-2 – Child of an LPR who is the principal beneficiary of a family-based visa petition (Form I-130) that was filed prior to December 21, 2000, and has been pending for at least three years
  • V-3 – Derivative child of V-1 or V-2

USCIS letter

A person who is a spouse or child of a U.S. citizen, whose visa petition has been approved, and who has a pending application for adjustment of status as described in 8 CFR INA Section 103.12(a)(4)

USCIS letter

Person under Deferred Enforced Departure pursuant to a decision made by the president

Letter

A letter or other tribal document certifying at least 50 percent American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada

USCIS document

Family Unity beneficiaries pursuant to Section 301 of Pub. L. 101-649, as amended

USCIS document

An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. Section 1806(e)

USCIS document

A person who is lawfully present in American Samoa under the immigration laws of American Samoa

*An I-551, Permanent Resident Card, does not always include the holder's signature.

TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36

Aliens residing in the U.S. who do not meet the citizenship or immigration status requirements for Medical Programs may be eligible for Emergency Medicaid. These people include non-immigrants, undocumented aliens and certain legal permanent resident aliens.

Do not follow SAVE verification requirements for aliens applying for Emergency Medicaid.

Notes:

  • To be eligible for Emergency Medicaid, a person must meet all other eligibility requirements.
  • A person must be caring for a deprived child who meets citizenship or alien status requirements to be eligible for TA 31 as a caretaker or second parent.

Related Policy

How to Determine Eligibility, A-343
Verifying 40 "Qualifying Quarters," A-354
Verifying Alien's USCIS Documents, A-355

A-343 How to Determine Eligibility for Battered Aliens

Revision 18-1; Effective January 1, 2018

All Programs

Qualified aliens with a battered alien status do not need to be credited with 40 qualifying quarters of social security coverage, nor do they have a seven-year limited eligibility period.

SNAP

Advisors follow the steps in the chart below to determine whether an alien claiming battered status is potentially eligible for SNAP.

Step

Yes

No

  1. Can the alien provide USCIS documentation* that identifies the alien as the self-petitioning spouse, ex-spouse or child of an abusive U.S. citizen or LPR?

Note: Once the alien has provided proof that
identifies him/her as a self-petitioning battered alien, the alien meets
the definition of a "qualified alien," as defined in A-311.1, Definition of Qualified Immigrant.

Go to Step 2.

Stop — The alien is not eligible.

  1. Can the battered alien meet one of the following conditions? The alien:
    • is under age 18;
    • is the spouse or minor unmarried dependent child of a person who is
      an active duty military member or an honorably discharged veteran;
    • has resided in the U.S. for 5 years from the date that the petition for battered status was approved and issued (Note: This is not the same as residing in the U.S. for 5 years as a qualified alien as defined in A-311.1); or
    • meets the SNAP definition of disability in B-432, Definition of Disability (regardless of when the alien acquired a disability or entered the U.S.).

Go to Step 3.

Stop — The alien is not eligible.

  1. Is the battered alien living with the spouse/parent or other family member who abused or battered the alien?

Stop — The alien is not eligible.

Go to Step 4.

  1. Did the alien:
  • enter the U.S. and acquire "qualified alien" status before Aug. 22, 1996;
  • reside in the U.S. before Aug. 22, 1996, adjust to "qualified alien" status on or after Aug. 22, 1996, and provide proof of continuous residence;
  • reside in the U.S. before Aug. 22, 1996, adjust to "qualified alien" status on or after Aug. 22, 1996, did not provide proof of continuous residence, but meets the five-year waiting period; or
  • enter the U.S. on or after Aug. 22, 1996, and meets the five-year waiting period?

The alien is eligible if the alien
meets all other eligibility factors.

Stop — The alien is not eligible.

* Examples of acceptable USCIS documents include:

  • I-551, Permanent Resident Card, annotated with one of the following status codes: IB-1 through IB-3 or IB-6 through IB-8;
  • I-797, Action Notice, that identifies the alien as a self-petitioning battered alien; or
  • a final order from an immigration judge or the Board of Immigration Appeals granting suspension of deportation under Section 244(a)(3) of the Immigration and Nationality Act.

TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36

Follow the steps in the chart below to determine if an alien claiming battered status is potentially eligible for TANF and/or Medical Programs.

Step

Yes

No

1. Can the alien provide USCIS documentation* that identifies the
alien, the battered alien's child or the parent of a battered alien
child as the self-petitioning spouse and/or child of an abusive U.S.
citizen or LPR?

Go to Step 2.

Stop — The alien is not eligible.

2. Is the battered alien living with the spouse, ex-spouse, parent or other family member who abused or battered the alien?

Stop — The alien is not eligible.

Go to Step 3.

3. Did the alien:

  • enter the U.S. and acquire "qualified alien" status before Aug, 22, 1996?
  • reside in the U.S. before Aug. 22, adjust to "qualified alien" status on or after Aug. 22, 1996, and provide proof of continuous residence;
  • reside in the U.S. before Aug.22, 1996, adjust to "qualified alien" status on or after Aug. 22, 1996, did not provide proof of continuous residence, but meets the five-year waiting period; or
  • enter the U.S. on or after Aug. 22, 1996 and meets the five-year waiting period?

The alien is eligible if the alien meets all other eligibility factors.

Stop — The alien is not eligible.