Section 121.20  Citizenship

To be eligible for assistance, an individual shall be either a U.S. citizen or a non-citizen within specific categories and subject to specific restrictions as set forth below:

a)         Citizenship status – Persons born in the U.S. or in its possessions are U.S. citizens.  Citizenship can also be acquired by naturalization through court proceedings or by certain persons born in a foreign country of U.S. citizen parents.

b)         Non-citizens – The following categories of non-citizens may receive assistance, if otherwise eligible regardless of their time in the U.S.:

1)         Lawful Permanent Resident Credited with 40 Quarters of Work

A)        Aliens lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (INA) who have worked 40 qualifying quarters of coverage (as defined under Title II of the Social Security Act). Effective January 1, 1997, in order for a quarter of work to count, the client must not have received any benefits under a federal means-tested program during that quarter.

B)        Quarters of a parent count for an alien while the alien is under age 18.

C)        Quarters of a spouse count for an alien if the alien is still married to that spouse or the spouse is deceased.

2)         Veterans, Active U.S. Military Service Persons and Their Dependents.  A veteran honorably discharged from U.S. military service or a person in active U.S. military duty and the spouse or dependent child or children of such a person meet the citizenship requirement for food stamps if their INS status is:

A)        lawful permanent resident;

B)        conditional entrant under section 203(a)(7) of the INA (8 USCA 1153(a)(7));

C)        parolee status for at least a year under section 212(d)(5) of the INA (8 USCA 1182(d)(5));

D)        deportation withheld under section 243(h) (8 USCA 1253(h)) or 241(b)(3) (8 USCA 1231(b)(3)) of the INA; or

E)         battered spouse or child, or parent or child of a battered person with a petition pending under section 204(a)(1)(A) or (B) (8 USCA 1154(a)(1)(A) or (B)) or 244(a)(3) (8 USCA 1641(c)) of the INA. This status does not apply if the non-citizen lives with the abuser.

c)         The following non-citizens meet the citizenship requirement for food stamps indefinitely even if their status later changes to lawful permanent resident:

1)         refugees admitted under section 207 of the INA;

2)         asylees admitted under section 208 of the INA;

3)         persons for whom deportation has been withheld under section 243(h) (8 USCA 1253(h)) or 241(b)(3) (8 USCA 1231(b)(3)) of the INA;

4)         Cuban or Haitian national admitted on or after 4/21/80; or

5)         Amerasians from Vietnam and their close family members admitted through the Orderly Departure Program beginning on 3/20/88.

d)         Elderly non-citizens who were lawfully residing in the U.S. on 8/22/96, and children lawfully residing in the U.S., and disabled persons lawfully residing in the U.S.  A person qualifies as elderly if the person was age 65 on 8/22/96.  A person qualifies as a child if the person is under age 18.  A person qualifies as disabled/blind if the person meets one of the requirements listed in Section 121.61(a)(1)(B) through (L).  The person must also have the following status with INS:

1)         lawful permanent resident;

2)         conditional entrant under section 203(a)(7) of the INA (8 USCA 1153(a)(7));

3)         parolee status for at least a year under section 212(d)(5) of the INA (8 USCA 1182(d)(5)); or

4)         battered spouse or child, or parent or child of a battered person with a petition pending under section 204(a)(1)(A) or (B) (8 USCA 1154(a)(1)(A) or (B)) or 240A of the INA. This status does not apply if the non-citizen lives with the abuser.

5)         Afghani or Iraqi immigrant with special immigrant status under Section 101(a)(27) of the INA.

e)         Hmong or Highland Laotian tribe members and the member's close family members.  A person lawfully residing in the U.S. that was a member of a Hmong or Highland Laotian tribe when the tribe helped U.S. personnel by taking part in a military or rescue operation during the Vietnam era (between August 5, 1964 and May 7, 1975).  This also includes the person's spouse, unmarried surviving spouse, if deceased, and unmarried dependent children.

f)          Certain American Indians born in Canada.  An American Indian born in Canada to whom the provisions of section 289 of the INA apply, and a member of an Indian tribe as defined in section 4e of the Indian Self-Determination and Education Assistance Act.

g)         Noncitizens who have lived in the U.S. for at least 5 years in the following status with INS may receive assistance, if otherwise eligible:

1)         lawful permanent resident;

2)         conditional entrant under section 203(a)(7) of the INA;

3)         parolee status for at least a year under section 212(d)(5) of the INA; or

4)         battered spouse or child, or parent or child of a battered person with a petition pending under section 204(a)(1)(A) or (B) (8 USCA 1154(a)(1)(A) or (B)) or 240A of the INA.  This status does not apply if the noncitizen lives with the abuser.

h)         Afghani immigrants with special immigrant status under Section 101(a)(27) of the INA − eligibility limited to six months from the date the special status is granted.

i)          Iraqi immigrants with special immigrant status under Section 101(a)(27) of the INA − eligibility limited to eight months from the date the special status is granted.

(Source:  Amended by peremptory rulemaking at 32 Ill. Reg. 18092, effective November 15, 2008)