18 Miss. Code. R. 14-9.3 - Qualified Non-Citizens Not Subject to the Five-Year Waiting Period

A qualified non-citizen is eligible to receive SNAP and is not subject to the requirements to be in qualified status for five (5) years (and thus eligible regardless of their date of entry) if one of the following criteria apply:

A. 18 or older (LPRs) under the INA who has 40 qualifying quarters as determined by Title II of the Social Security Act.

1. A qualifying quarter of earned income is defined as the amount of earnings received by the individual or credit from his or her spouse (as long as the couple is still married, or the spouse is deceased) or credit from parents (before the non-citizen became 18 including before the child was born or adopted);

2. If eligibility is determined based on the quarters of coverage by a spouse and then the couple divorces, the non-citizen's eligibility continues until the next recertification;

3. If any Federal means-tested public benefits (including SNAP benefits) were received in any quarter after 12-31-96, then that quarter is not creditable towards the 40-quarter total.

B. Refugee;

C. Asylee;

D. Deportation Withheld;

E. Cuban/Haitian;

F. Amerasian: An Amerasian who entered under Section 584 of Foreign Operations, Export Financing and Related Program Appropriations Act, Public Law 100-202, as amended by Public Law 100-461;

G. Military Non-Citizens

1. A veteran who was honorably discharged for reason other than non-citizen status;

2. On active duty (other than for training); or

3. Spouse and unmarried dependent children (under 18, a full-time student under 22, unmarried disabled child 18 or older if child was disabled and dependent prior to the child's 18^th birthday (of a person described above);

H. Blind or Disabled;

I. Person who was lawfully living in the U.S. on August 22, 1996 and who was born on or before August 22, 1931;

J. Qualified non-citizen children under 18 years of age;

K. Certain American Indians;

L. Certain Hmong or Highland Laotian Tribal Members;

M. Victims of severe trafficking; or

N. Iraqi and Afghan Special Immigrants (SIV).

Notes

18 Miss. Code. R. 14-9.3

7 CFR §273.4(a)(6)(ii); P. L. 111-118 §8120

Adopted 3/15/2022 Amended 10/20/2023 Amended 12/9/2024 Amended 2/17/2025