(1) If you are a U.S. citizen or U.S. national as defined in WAC 388-424-0001 and meet all other eligibility requirements, you may receive federal basic food benefits.
(2) If you are not a U.S. citizen or U.S. national, you must fall within (a) or (b) of this subsection, and meet all other eligibility requirements, to receive federal basic food benefits:
(a) You are a member of one of the following groups of lawful immigrants as defined in WAC 388-424-0001:
(i) Amerasian;
(ii) Cuban or Haitian entrant;
(iii) American Indians born outside of the U.S.;
(iv) Hmong or Highland Lao tribal member; or
(v) Citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(b) You are a lawful permanent resident (LPR) as defined in WAC 388-424-0001 and one of the following applies to you:
(i) You have worked or can get credit for 40 Social Security Administration (SSA) work quarters - as described in WAC 388-424-0008;
(ii) You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement, as described in WAC 388-424-0007;
(iii) You receive cash or medical benefits based on supplemental security income (SSI) criteria for blindness or disability;
(iv) You were initially granted status as a refugee, asylee (a person granted asylum), victim of trafficking, special immigrant, or were granted withholding of deportation as described in WAC 388-424-0001;
(v) You were initially an Afghan national paroled into the U.S. between July 31, 2021, and September 30, 2023; or
(A) Their spouse or child and were paroled into the U.S. after September 30, 2023; or
(B) Their parent or legal guardian if the Afghan national was an unaccompanied child when paroled into the U.S. and you were paroled into the U.S. after September 30, 2023;
(vi) You were initially an individual from Ukraine granted humanitarian parole between February 24, 2022, and September 30, 2024; or
(A) Their spouse or child and were paroled into the U.S. after September 30, 2023; or
(B) Their parent, legal guardian, or primary caregiver if the Ukrainian granted parole was an unaccompanied refugee minor or an unaccompanied child and you were paroled after September 30, 2023;
(vii) You have lived in the U.S. as a "qualified alien" as described in WAC 388-424-0001 for at least five years. The five-year count starts when (whichever is earlier between (A) and (B) of this subsection):
(A) You were granted LPR status; or
(B) Prior to being granted LPR status, you were granted status as a battered alien, conditional entrant, or parolee of at least one year.
(viii) You are under age 18; or
(ix) You were lawfully residing in the U.S. on August 22, 1996, and were born on or before August 22, 1931.
(3) If you are a legal immigrant not eligible for federal benefits under basic food only because of your immigration status, you may be eligible for state-funded food assistance program (FAP) benefits under WAC 388-400-0050.
[Statutory Authority: RCW 41.05.021, 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.770, 74.04.805, 74.08.820, 74.08.090, 74.08A.100, 74.08A.120, 74.09.035, 74.09.530, 74.62.030, and H.R.1, P.L. 119-21. WSR 26-14-091, s 388-424-0020, filed 6/30/26, effective 7/31/26. Statutory Authority: RCW 41.05.021, 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.770, 74.04.805, 74.04.820, 74.08.090, 74.08A.100, 74.08A.120, 74.09.035, 74.09.530, 74.62.030, P.L. 118-42, the Consolidated Appropriations Act of 2024, Division G, Title II, Section 209(f); 8 U.S.C. §§ 1612, 1613 (b)(3) and 1641 (b)(8); H.R. 815, Division B pg. 11 - Ukrainian; and Final Rule for Classification for Victims of Severe Forms of Trafficking in Persons. WSR 25-08-068, s 388-424-0020, filed 4/1/25, effective 5/2/25. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.120, and P.L. 117-128 and Policy Letter 22-13 dated May 26, 2022. WSR 23-02-035, § 388-424-0020, filed 12/29/22, effective 1/29/23. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. WSR 22-12-038, § 388-424-0020, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 74.04.005, 74.04.500, 74.04.510, 74.04.515, 74.08.090, and 74.08A.120. WSR 12-18-024, § 388-424-0020, filed 8/27/12, effective 9/27/12. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120. WSR 11-02-035, § 388-424-0020, filed 12/29/10, effective 2/1/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.020, and Sec. 8120 of Pub. L 111-118 (DOD appropriations law); USDA Food and Nutrition Service federal guidance from January 29, 2010; U.S. DHHS Administration for Children and Families, Office of Family Assistance federal guidance letter No. TANF-ACF-PI-2010-05 issued on June 16, 2010. WSR 10-15-045, § 388-424-0020, filed 7/13/10, effective 7/27/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.320, Pub. L. No. 110-181, National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 111-08, the Omnibus Appropriations Act of 2009, Division F, Title VI, Section 602; Office of Refugee Resettlement State Letter 09-17 from April 9, 2009; and federal guidance issued on May 15, 2009, by the Food and Nutrition Service, United States Department of Agriculture. WSR 09-21-046, § 388-424-0020, filed 10/14/09, effective 11/4/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08A.320, 74.08.090, and Public Law 110-161 Section 525; Public Law 110-181 Section 1244; FNS Admin Notice 08-17; State Letter 04-12 from the Office of Refugee Resettlement. WSR 08-14-116, § 388-424-0020, filed 6/30/08, effective 8/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 04-15-004, § 388-424-0020, filed 7/7/04, effective 8/7/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. WSR 03-05-029, § 388-424-0020, filed 2/10/03, effective 4/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and H.R. 2646 Farm Security and Rural Investment Act of 2002. WSR 02-22-046, § 388-424-0020, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.04.510, S. 1150, the Agricultural Research, Extension, and Education Reform Act of 1998. WSR 99-01-058, § 388-424-0020, filed 12/11/98, effective 1/11/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-424-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]