Iraqi and Afghan Noncitizens with Special Immigrant Status – SNAP

Important: Iraqi and Afghan Noncitizens with Special Immigrant Status alone is no longer a qualifying status for SNAP. However, if an individual that previously met noncitizen criteria adjusts their status to Legal Permanent Resident (LPR), they are immediately eligible for SNAP benefits, without being subject to the 5-year waiting period, as long as they meet all other SNAP financial and non-financial eligibility requirements.

Eligibility Requirements

Iraqi and Afghan noncitizens that have been previously granted Special Immigrant status and subsequently adjusted their status to Legal Permanent Resident (LPR) are immediately eligible for SNAP benefits. These individuals are not subject to a five-year bar waiting period as a LPR with a prior qualifying status.

Documentation

Prior Special Immigrant status must be verified. The following documents applicable to Iraqi and Afghan special immigrants will confirm both status and date of entry:

Iraqi or Afghan Special Immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1 or SQ1 Department of Homeland Security (DHS) stamp or notation on passport or I-94 showing date of entry;
Spouse of Iraqi or Afghan Special Immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI2 or SQ2 and a DHS stamp or notation on passport or I-94 showing date of entry;
Unmarried Child Under Age 21 of Iraqi or Afghan Special Immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI3 or SQ3 and a DHS stamp or notation on passport or I-94 showing date of entry;
Iraqi or Afghan Special Immigrant Adjusting Status in the U.S. DHS Form I-551 (Green Card) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV (Immigrant Visa) code of Category SI6 or SQ6;
Spouse of Iraqi or Afghan Special Immigrant Adjusting Status in the U.S. DHS form I-551 (Green Card) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport) with an IV (Immigrant Visa) code of Category SI7 or SQ7; or
Unmarried Child Under Age 21 of Iraqi or Afghan Special Immigrant Adjusting Status in the U.S. DHS Form I-551 (Green Card) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport) with an IV (Immigrant Visa) code of Category SI8 or SQ8.
Iraqi or Afghan Special Immigrant (Principal Applicant, Spouse of Principal Applicant, or Child of Principal Applicant) I-94 noting SQ or SI Parole (per section 602(B)(1) AAPA/Sec 1059(a) NDAA 2006). The I-Form 94 will include a stamp that reads:

“SPECIAL IMMIGRANT STATUS (SQ/SI) PAROLE

Sec 602(8)(1) AAPA / Sec 1059(a) NDAA 2006

Date:____________ USCIS Officer:__________”

Verification Specifically for Afghan Nationals under Operation Allies Refuge

Under Operation Allies Refuge, Afghan nationals were eligible for Special Immigrant Visas (SIV), SQ/SI Parole status, or a Non-SI Parole status, due to the ongoing armed conflict and humanitarian crisis in Afghanistan.

Special Immigrant SQ/SI Parole Status

These individuals that are part of this operation have a special immigrant parole status. USCIS issued Afghan special immigrant parolees a Form I-766, Employment Authorization Document, with a C11 parolee category. For these individuals, SAVE can provide an initial verification response of Parolee with an SQ4 or SQ5 COA unless there is something unusual about the case that may require additional verification. Special Immigrant SQ/SI Parole Status noncitizens that have adjusted their status to Legal Permanent Resident (LPR) are immediately eligible for SNAP benefits without being held to a 5-year waiting period.

Special Immigrant Lawful Permanent Resident (SI LPR) Status (Immediately Eligible as LPRs)

These special immigrant LPRs will generally have foreign passports with a Department of Homeland Security, Customs and Border Protection stamp admitting them with an SQ1, SQ2, SQ3, SQ6, SQ7 or SQ8 Class of Admission (COA). USCIS issued Afghan special immigrant parolees a Form I-766, Employment Authorization Document, with a C11 parolee category. However, some of the new Afghan special immigrant LPR arrivals may not have a physical immigrant visa in their passport and may not have a temporary Form I-551 stamp. USCIS also issued a Form I-551, Permanent Resident Card, to these special immigrant LPRs. In addition, regardless of the documentation presented, SAVE can provide an initial verification response of LPR for these special immigrant LPRs except those whose case involves something unusual that may require additional verification.

Special Immigrant SQ/SI Parole Status noncitizens that have adjusted their status to Legal Permanent Resident (LPR) are immediately eligible for SNAP benefits without being held to a 5-year waiting period.

Special Immigrant Conditional Permanent Residents (SI CPR) (Immediately Eligible s as LPRs)

A CPR becomes an LPR after DHS removes the conditions on their LPR admission. When these SI CPRs complete a medical examination and USCIS determines they are not medically inadmissible, DHS removes their conditions and they become an SI LPR. SI CPRs and SI LPRs are to be coded as Legal Permanent Residents and staff must enter “Special Immigrant Afghan Refugee” in the Other Section of the Noncitizen Designation page.

These SI CPRs will generally have foreign-issued passports with a DHS, CBP admission stamp admitting them with a CQ1, CQ2, or CQ3 class of admission. However, some of these Afghan SI CPR arrivals may not have a physical immigrant visa or temporary Form I-551 stamp in their passport. USCIS is also issuing a Form I-551, Permanent Resident Card to these SI CPRs.

SAVE Verification of SI CPR Status:

Based on information from the Permanent Resident Card or other documentation noted above, SAVE can provide an initial verification response of CPR and the class of admission for these SI CPRs. Some cases may require additional verification. Additional verification responses will state “CPR” and provide the class of admission in the Comments to Agency field.

Non-SI Parolees or “Humanitarian Parolees”

Section 2502 of the Extending Government Funding and Delivering Emergency Assistance Act provides that Afghan nationals, citizens, or those who last habitually lived in Afghanistan who are granted parole between July 31, 2021, and September 30, 2023, were eligible to receive resettlement assistance. Some Afghan non-SI Parolees may have an OAR, OAW, PAR or DT notation in the parole stamp of their passport. SAVE may provide an initial verification of Parolee with a class of admission of OAR, OAW, PAR or DT.

Individuals previously eligible as Humanitarian parolees are those paroled into the United States between July 31, 2021 and September 30, 2023; or those paroled into the United States after September 30, 2023, and, either the spouse or child of such a parolee or the parent or legal guardian of an unaccompanied child paroled during that period

Former Non-SI Parolees or “Humanitarian Parolees” that adjusted to a LPR status must be coded as Legal Permanent Residents in the Noncitizen Designation page.

Staff must explore if the individual previously had a previous status prior to adjusting to LPR that would cause them not to be subject to the 5-year bar.

How to Code Noncitizen Designation Page in BEACON

If an Iraqi or Afghan noncitizen has been previously granted Humanitarian Parole or Special Immigrant status and has not adjusted to Legal Permanent Resident (LPR) status, staff must code the individual as a “Special Humanitarian Parolee” on the Noncitizen Designation page with a Legal SNAP disqualified indicator of “Yes”. The Other section reference must be updated with client’s current Class of Admission (COA) code, as this indicates the category under which the client was admitted into the United States. Staff must enter the parole end date in the Expiration field. This is not a qualifying status for SNAP benefits. The worker must inform the client that that based on recent changes to SNAP noncitizen eligibility requirements, this status no longer meets eligibility for SNAP and explain to the client that once they adjust their status to Legal Permanent Resident, they will have a qualifying noncitizen status.

If an Iraqi or Afghan noncitizen previously had Humanitarian Parole or Special Immigrant Status and has adjusted their immigration status to Legal Permanent Resident (LPR) status, staff must code the individual as a “Legal Permanent Resident” on the Noncitizen Designation page with a Legal SNAP disqualified indicator of “No”. The Other section reference must be updated with client’s current Class of Admission (COA) code, as this indicates the category under which the client was admitted into the United States. They are not held to the 5-year waiting period, and are immediately eligible for SNAP, if all other financial and nonfinancial criteria have been met.