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ENEWS MAILING LIST |
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the likes of Harry Gee, Harry Joe, Laurier McDonald, Bob Shivers
and Charles Foster. In the spirit of mentorship, I invite all
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seeks not to duplicate the mailings of AILA national but to
provide subscribers with information that they might not see in
other places. It is easy to sign in or log off. I invite you
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For children’s books, music, adult English as Second Language
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Please visit
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DISCLAIMER |
This information provided is not intended to replace the advice
of an attorney but is merely provided as a public service. Each
immigration case is different. For more information, consult with
Thomas Esparza, Jr., Board Certified Specialist
in Immigration and Nationality Law with more than 29 years of experience.
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> Other Information
IMMIGRANTS & PUBLIC BENEFITS
Food and Nutrition Programs
Immigrant
children eligible for food stamps, regardless of their entry date
Immigrants' Rights Update, Web Edition,
October 1, 2003
Effective October 1, 2003, "qualified"* immigrant children became
eligible for food stamps, regardless of their date of entry into the
United States. According to the USDA, approximately 60,000 children
will benefit from this change. Under the new law, children are not
subject to "immigrant sponsor deeming rules," which means that their
sponsor's income and resources will not be counted in determining
their eligibility for benefits. These children are the third and
final group of immigrants whose food stamp benefits were restored
under the Farm Security and Rural Investment Act of 2002 ("2002 Farm
Bill"). In October 2002, food stamps were restored to "qualified"
immigrants receiving disability-related benefits, regardless of
their date of entry into the United States, and in April 2003,
persons who have lived in the United States in "qualified" immigrant
status for at least five years secured access to these critical
benefits. The Bush administration estimated that, once the
restorations are fully implemented, the 2002 Farm Bill will have
restored nutrition assistance to over 400,000 immigrants, including
low-wage working families, children, seniors, and persons with
disabilities.
The following immigrants are now eligible for food stamps:
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Children under 18 years old.
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Refugees, persons granted asylum or withholding of
deportation/removal, Cuban/Haitian entrants, Amerasian
immigrants, and victims of trafficking. Eligibility
continues even if these immigrants become lawful
permanent residents.
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Persons who have been in "qualified"* immigrant
status for at least five years.
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Lawful permanent residents with credit for 40
quarters of work history. This includes work
performed by a spouse during the marriage and by parents
before the immigrant was 18 years old.
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Veterans, active duty military personnel, their
spouses, un-remarried surviving spouses and children who
are "qualified" immigrants.
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"Qualified" immigrants who are receiving
disability-related assistance.
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Seniors born before August 22, 1931, who were
lawfully residing in the U.S. on August 22, 1996, and
are now "qualified" immigrants.
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Hmong and Laotian tribe members who are lawfully
present in the U.S.
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Members of federally recognized Indian tribes or
American Indians born in Canada.
Immigrant adults whose sponsors signed
an enforceable affidavit of support (Form I-864) may be
subject to "immigrant sponsor deeming" and/or sponsor
liability. Deeming does not apply to children under 18. For
details on other exceptions to these rules, please see the
USDA Guidance, "Non-Citizen Requirements in the Food Stamp
Program" at
www.fns.usda.gov/fsp/rules/Legislation/pdfs/Non_Citizen_Guidance.pdf,
or NILC's summary of this Guidance at
www.nilc.org/immspbs/fnutr/foodnutr015.htm.
* Qualified immigrants are: lawful
permanent residents; refugees; persons granted asylum,
withholding of deportation/removal, or conditional entry;
persons granted parole into the U.S. for at least one year;
Cuban/Haitian entrants; and battered spouses and children
with a pending or approved (a) self-petition for an
immigrant visa, or (b) immigrant visa filed for a spouse or
child, or (c) application for cancellation of
removal/suspension of deportation. Parents and children of
the battered child/spouse may also be "qualified." |
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