State of Wisconsin Department of Health Services

Release 26-02 August 12, 2026

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3.12.1 Citizenship and Immigration Status

7 CFR 273.4

To meet the citizenship requirement for FoodShare, a person must be one of the following:

• Born in the U.S. The U.S. includes: the continental U.S., Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, and Northern Mariana Islands, including Guam, or
• A naturalized citizen of the U.S.
• A person born outside of the U.S. to, or adopted by, at least one U.S. citizen, which is sometimes referred to as a "derivative citizen."

To meet the qualifying immigrant requirement, a person must have one of the following immigration statuses:

• Cuban and Haitian entrants
• Compacts of Free Association (COFA) citizens
• Lawful permanent residents (LPR)
• Amerasian

Note

Effective October 1, 2010, all Puerto Rican birth certificates issued before July 1, 2010 are invalid. Ongoing members of IM programs from Puerto Rico do not need to submit new, valid birth certificates. However, all Puerto Rican birth certificates submitted by applicants must have been issued on or after July 1, 2010.

3.12.1.1 Qualified Immigrant or Immigration Status

Use Chart 1 below to determine if a non-citizen is eligible for FoodShare.

Refer also to Process Help, Section 24.27 SAVE Responses Mapping to CARES Immigration Status Codes Chart to manually match the SAVE verification information to the correct registration code.

Note	If there is more than one admission or status code for the immigrant/non-citizen, always use the least restrictive code per 8 CFRCode of Federal Regulations 212.5(h). A best practice is to ask each year about immigrant and citizenship status changes.

CHART 1

Federal Supplemental Nutrition Assistance Program (SNAP)
Immigrant Status Code	Eligible if:
01-Lawfully admitted for permanent residence (LPR)	Meets work quarters, or Meets military requirement, or Receives disability benefit, or Under age 18, or Has lived in the U.S. as a qualified immigrant for five years from the date of entry, or A legal resident on August 22, 1996, and born on or before August 22, 1931.
02-Permanent resident under color of law (PRUCOL)	Ineligible
03-Conditional entrant or lawfully present under Section 203(a)(7)	Ineligible
04-Refugee lawfully present under Section 207	Ineligible
05-Asylee lawfully present under Section 208	Ineligible
06-Parolee lawfully present under Section 212(d)(5)	Ineligible
07-IRCA – No longer valid status	Ineligible
08-Work Authorization: Temp.	Ineligible
09-Undocumented Immigrant	Ineligible
10-Illegal Immigrant	Ineligible
11-Cuban/Haitian entrant as defined in Section 501(e) of the Refugee Education Act of 1980 Any person granted parole as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the person at the time assistance or services are provided; and   Any other national of Cuba or Haiti –   who—   was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act:   is the subject of removal proceedings under the Immigration and Nationality Act; or   has an application for asylum pending with the Immigration and Naturalization Service; and   with respect to whom a final, non-appealable, and legally enforceable order of removal has not been entered.	Eligible
12-Considered a permanent resident by USCISUnited States Citizenship and Immigration Services	Ineligible
13-Special agriculture worker under Section 210(A)	Ineligible
14-Additional Special agriculture worker under Section 210A	Ineligible
15-An immigrant whose deportation is being withheld under Section 243(h) or 241(b)(3)	Ineligible
16-Battered Immigrant Code the battered immigrant adult or child or parent with the broadest immigrant eligibility category that applies to that person (for example, code a battered refugee immigrant, as a refugee). Document in case comments that the person is a battered immigrant and therefore exempt from sponsor deeming. Do not list the sponsor in CWWCARES Worker Web. Do not list any of the sponsor's income and assets.	Ineligible
17- Amerasians	Eligible
18 - Native Americans born abroad	Ineligible
19 - Trafficking victims, including the minor children, spouses, and, in some cases, the parents and siblings of victims of severe trafficking (treat as refugee under section 207 of the INA), the spouse, child, parent or unmarried minor sibling of a victim of a severe form of trafficking in persons under 21 years of age, or the spouse or child older than 21 who has received a derivative T visa, to the same extent as an immigrant who is admitted to the U.S. as a refugee under Section 207 of the INA.	Ineligible
20 – Lawfully Residing	Ineligible
22- COFA	Eligible
23- LPR No five-year wait	Eligible immediately if they have these statuses: Refugee Asylee Parolee Foreign Born Native American Victims of Trafficking** Cuban/Haitian Entrant Amerasian COFA Hmong or Highland Laotian Tribal Members Certain Ukrainian Nationals Granted Parole Certain Afghan Nationals Grated Parole Iraqi and Afghan Special Immigrants (SIV) Deportation Withheld

3.12.1.2 Eligibility Pending Documentation of Immigration Status

7 CFR 273.2(f)(1)(ii)(B)

A non-citizen is ineligible until acceptable documentation of qualifying immigration status is provided unless:

1. The IM agency has submitted a document provided by a household to USCISUnited States Citizenship and Immigration Services for verification. Pending such verification, the IM agency cannot delay, deny, reduce, or terminate the individual's eligibility for benefits on the basis of the individual's immigration status, or
2. The applicant or the IM agency has requested qualifying quarter information from SSASocial Security Administration. SSA has responded that the individual has fewer than 40 quarters but is investigating to determine if more quarters can be determined. The IM agency must certify the individual pending the results for up to six months from the date of the original determination of insufficient quarters, or
3. The applicant or IM agency has requested verification from a federal agency for verification of the immigrant's status. The IM agency must certify the individual pending the results up to six months from the date of the original determination of insufficient quarters.

An immigrant who has a pending application for a qualifying status is not potentially eligible until the status has been granted.

3.12.1.3 Work Quarter Eligibility

Legal permanent resident non-citizens who have worked for 40 qualifying quarters are eligible. There is no time limit on this category of eligibility.

A qualifying quarter includes:

1. One worked by a parent of a non-citizen before the immigrant reached their 18th birthday, including those quarters worked before the non-citizen was born;
2. One worked by a spouse of a non-citizen during their marriage if the non-citizen remains married to the spouse or the spouse is deceased.

Each person in the applying food unit is considered an applicant. Therefore, each spouse can claim the quarters of the other spouse, and the children can claim the quarters worked by their parents. An individual can only earn four quarters per year. If both spouses worked in the same quarter, this would count as one quarter – an individual cannot earn two quarters in the same quarter.

Count both qualifying quarters of work covered by Title II of the Social Security Act, and qualifying quarters of work not covered by Title II. Beginning January 1, 1997, a quarter in which the immigrant received federal means-tested assistance is not counted as a qualifying quarter.

3.12.1.3.1 Disclosure of Work Quarter Information

The local agency may request information from the SSA about work history for non-covered employment as well as covered employment.

If you are unable to determine work quarters through the SSA automated system, you may accept the applicant's sworn statement of sufficient work, pending verification, provided the applicant has been in the country sufficient time to earn the quarters (totaling the time from the employed applicant, parent, and/or spouse).

The SSA is authorized to release work quarter information on non-citizens, a non-citizen's parents or spouse to a county/tribal agency (not applicant) for the purpose of determining eligibility, even if the parent or spouse cannot be located or refuses to sign a release statement.

You may also find work quarter information through CARES data exchange screens. To verify a non-citizen's work quarters information, you can request it in CARES mainframe on Tran: DXQR. It will be available on Tran: DXQC 48 hours later.

3.12.1.4 Military Connection Eligibility

Qualified non-citizens who are honorably discharged veterans and who fulfill minimum active duty service requirements in the U.S. Armed Forces, or who are the spouse, unmarried dependent child, or a surviving spouse of such a veteran or active duty personnel who has not remarried are eligible for FoodShare benefits with no time limit exception.

A veteran is a person who was honorably discharged after:

1. Serving for 24 months in the U.S. armed forces, or
2. Serving for the period for which the person was called to active duty in the U.S. armed forces, or
3. Serving in the Philippine Commonwealth Army or as a Philippine Scout during WW II, as described in title 107, 38 U.S.C.

An unmarried surviving spouse of a veteran or active duty person is defined as:

1. A spouse who was married to the deceased veteran for at least one year, or
2. A spouse who was married to the deceased veteran before the end of a 15-year time span following the end of the period of military service, or
3. A spouse who was married for any period to the deceased veteran and a child was born of the marriage or was born before the marriage.
4. Has not remarried since the marriage to the deceased veteran.

3.12.1.5 State Option FoodShare Program (SOFSP)

With the passage of the 2011-13 Wisconsin state budget, the state funded SOFSP ended effective July 1, 2011. Federally eligible members who live with a previously eligible SOFSP member will remain eligible for federal benefits. There is no change to the federal eligibility.

3.12.1.6 Ineligible and Illegal Immigrants

Ineligible and unqualified immigrants include:

• Visitors and tourists
• Diplomats and others in foreign service
• Persons illegally in the U.S.
• Students with student visas
• Immigrants who refuse to provide the documentation required to verify their qualifying immigration status
• Immigrants with a pending immigration status – the individual is ineligible until the agency receives proof a qualifying immigration status has been granted
• Deportation withheld
• Conditional Entrant
• Refugee
• Asylee
• Parolee
• Battered Immigrant
• Foreign Born Member of a Tribal Nation
• Trafficking Victims and their families
• Hmong or Highland Laotian Tribal Members
• Iraqi and Afghan Special Immigrants (SIV)

Failure to verify qualifying immigration status means the person is ineligible for FoodShare, not necessarily in the country illegally.

3.12.1.7 Encouraging Application

7 CFR 273.4(b)

Encourage all potentially eligible people to apply for FoodShare. Make it clear that food unit members not requesting FoodShare benefits are not required to furnish an SSN or any immigration documentation. FoodShare participation is not reviewed or considered in public charge determinations.
 
Local agencies are prohibited from contacting USCIS regarding the immigrant status of a food unit member who is not requesting FoodShare benefits.

3.12.1.8 Gaining Citizenship

At application and renewal, applicant non-citizens immigrants must be asked if they have become citizens.

3.12.1.9 Derivative Citizenship

A child born outside of the U.S. automatically becomes a citizen of the U.S. when all of the following conditions have been fulfilled:

1. At least one parent of the child is a citizen of the U.S., whether by birth or naturalization.
2. The child is under the age of eighteen years.
3. The child has entered the U.S. as a legal immigrant.
4. The child is residing in the U.S. in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

A child who was under the age of 18 on or after February 27, 2001, and who meets all of the above requirements acquired citizenship automatically on February 27, 2001. This rule is based on the Child Citizenship Act of 2000.

3.12.1.10 Citizens of the Federated States of Micronesia, Republic of the Marshall Islands, and Palau

The Compacts of Free Association are agreements that establish a free association between the United States and the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. These countries are collectively referred to as the Freely Associated States (FAS). FAS citizens are not citizens or nationals of the United States. However, FAS citizens admitted to the United States under the Compacts may reside, work, and study in the United States for an unlimited length of time, without applying to become lawful permanent residents or applying for visas. These people are referred to as Citizens of Freely Associated States or COFASCitizens of Freely Associated States.

COFA citizens are immediately eligible for benefits if they meet all other FoodShare financial and non-financial eligibility requirements. They are not subject to any additional requirements, such as the five-year wait. 

3.12.1.11 Cuban-Haitian Entrants (CHE)

The term “Cuban-Haitian Entrant” (CHE) relates to benefit eligibility rather than an immigration status. Cuban-Haitian entrants are certain nationals of Cuba or Haiti who have permission to reside in the U.S. based on humanitarian considerations or under special laws that apply to them.  CHE are qualified immigrants with no waiting period.

If a person does not have another qualifying immigration status or has a qualifying immigration status that is subject to the five-year waiting period, then a worker must determine if the person is a CHE.

Section 501(e) of the Refugee Education Assistance Act of 1980 (REAA) states that a person is a CHE if they are:

• A person granted parole as a Cuban-Haitian Entrant (Status Pending) or any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the person at the time assistance or services are provided; or
• A national of Cuba or Haiti who is not subject to a final, non-appealable and legally enforceable removal order, and: 
  • Was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act; or
  • Is in removal proceedings under the Immigration and Nationality Act; or
  • Has an application for asylum pending with United States Citizenship and Immigration Services (USCIS)

Documentation 

CHE status must be verified through SAVE. CHEs may have a wide variety of immigration documentation, including Permanent Resident Cards (Green Cards), that may not conclusively establish whether they are CHE without SAVE verification. Many Cubans or Haitians who have been paroled are CHEs based upon the parole even if they have obtained another immigration status.

The following chart provides examples of documentation that may be presented by a person claiming to be a CHE. These examples are not comprehensive. A Form I-551, Permanent Resident Card, with a CU6, CH6, HB6, or other category code is an example of an immigration document that does not conclusively establish CHE designation without SAVE verification.

U.S. Immigration Category	U.S. Immigration Documents	Cuban or Haitian Nationality
Parole as CHE (Status Pending)	Form I-94, Arrival/Departure Record, with a Department of Homeland Security or legacy Immigration and Naturalization Service stamp noting “Cuban-Haitian Entrant (Status Pending).”	U.S. immigration documentation is evidence of nationality. No additional evidence of nationality required.
Parole or other special status	Form I-94 or Cuban or Haitian passport with a Department of Homeland Security or legacy Immigration and Naturalization Service stamp noting “parole under 212(d)(5).” Form I-766, Employment Authorization Document (EAD), with category code “C11” or “A04.” These codes indicate that the individual was paroled into the United States. Documentation issued by U.S. Immigration and Customs Enforcement (ICE), such as Form I-830, Notice to EOIR: Alien Address containing information that the person was released from ICE custody and paroled pursuant to 8 C.F.R. § 212.5.	If Born In Cuba: Expired or unexpired Cuban passport (Pasaporte de la Republica de Cuba) that lists the holder’s place of birth as being Cuba; or Cuban birth certificate issued by the appropriate civil registry in Cuba If Born Outside Cuba: Unexpired Cuban passport (Pasaporte de la Republica de Cuba); Nationality Certificate (Certificado de Nacionalidad); or Citizenship Letter (Carta de Ciudadanía). Note: A Cuban consular certificate documenting an individual’s birth outside of Cuba to at least one Cuban parent is not sufficient evidence to establish Cuban citizenship. This is true even if the consular certificate states that the  person to whom the certificate was issued is a Cuban citizen. Note: A Cuban birth certificate acknowledging a birth outside of Cuba or Cuban consular birth record issued for a principal applicant who was not born in Cuba is not sufficient to prove Cuban citizenship. A birth certificate issued by an entity outside of Cuba is not sufficient evidence to establish Cuban citizenship. If Born In Haiti: Expired or unexpired Haitian passport; National Identity Card (Carte D’identification Nationale) (also known as a Voting Card); Birth certificate (Acte de Naissance) with photo identification; or Birth Extract Issued by Haitian National Archives (Extrait de Naissance) accompanied by photo identification. If Born Outside Haiti: Unexpired Haitian passport; National Identity Card (Carte D’identification Nationale) (also known as a Voting Card);  Certificate of naturalization or certificate of citizenship issued by the Haitian government accompanied by photo identification; or A non-Haitian birth certificate listing a Haitian national parent and, for that parent, evidence of Haitian nationality as indicated in this chart.
Pending Asylum	An EAD with a category code of “C08.” The C08 code indicates that the person has a pending application for asylum. Form I-797C, Notice of Action confirming USCIS receipt of the person’s Form I-589, Application for Asylum and Withholding of Removal.
Individual in Removal Proceedings	Documentation issued by the Department Homeland Security (DHS) or the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) showing pending removal proceedings, such as Notice to Appear, DHS Form I-862 and Order of Supervision, DHS Form I-220B.  Note: An Order of Release on Recognizance, DHS Form I-220A, is not evidence of parole or that a person is in removal proceedings.

 

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Publication Number: P-16001