(1) If you are not a citizen and are not eligible for federally funded Basic Food benefits, you may be eligible for state-funded benefits under the food assistance program (FAP) if you are a legal immigrant. This means you must be one of the following:

(a) A "qualified alien" as defined in WAC 388-424-0001, who does not meet the eligibility requirements under WAC 388-424-0020 to receive federally funded Basic Food benefits; or

(b) A "nonqualified alien" as described in WAC 388-424-0001 who:

(i) Is not a nonimmigrant as described in WAC 388-424-0001(d);

(ii) Intends to stay in the United States indefinitely; and

(iii) The United States Immigration and Customs Enforcement is not taking steps to enforce your departure.

(2) If you are eligible for state-funded FAP, we calculate your benefits as described under WAC 388-400-0050.