Certain American Indians born in Canada can receive food stamp benefits. These individuals can receive food stamp benefits indefinitely as long as they meet other food stamp financial and non-financial requirements.
American Indians born in Canada meeting the provisions of Section 289 of the Immigration and Nationality Act and members of an Indian tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act can receive food stamps. This provision is intended to cover Native Americans who are entitled to cross the United States border into Canada or Mexico.
Enter HLC (Hmong/Laotian Hilanders/Crs Brdr Natives) in the status code field and the appropriate verification code on the Non-Citizen Information (FMML) screen in FAMIS. Client statement is not an acceptable verification code. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen Information (FMML) screen.
Acceptable verifications that a Native American was born in Canada are:
- Birth or baptismal certificate issued on a reservation
- Tribal records certifying at least 50% Indian blood, membership card, or other tribal document establishing membership in an Indian tribe
- Letter from the Canadian Department of Indian Affairs; or
- School records
A cross-border Native American may have USCIS documentation establishing Lawful Permanent Resident status.
NOTE: This does not include a spouse or child of such Native American nor an immigrant whose membership in a Native American tribe or family is created by adoption unless such person is of at least fifty percent (50%) or more Native American blood.