At Just Harvest, we believe food is a human right and anyone who needs food should be able to access food assistance, regardless of immigration status. However, U.S. laws say otherwise.
Supplemental Nutrition Assistance Program (SNAP) Brochure for Immigrants | اَلْعَرَبِيَّةُ | English | Español |
Food Programs And Your Rights | اَلْعَرَبِيَّةُ | 汉语 | English | Français | Kreyòl ayisyen | 한국어 | Español | Tagalog | Tiếng Việt
As of now, your information is protected and using food assistance programs will not impact your immigration status.
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As of now, your information is protected and using food assistance programs will not impact your immigration status. 〰️
Who is eligible for SNAP?
In addition to having a qualifying status, non-citizens also have to meet the same SNAP income guidelines and eligibility rules as U.S. citizens.
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Refugees
Asylees (who have had a hearing and have been granted asylum),
Persons granted withholding of deportation or removal
victims of human trafficking (T-Visa holders);
Iraqi and Afghani immigrants who worked on behalf of the U.S. government in Iraq and Afghanistan and received special immigrant visas (SIVs);
Children younger than age 18 who have legal permanent resident status. (When they turn 18, they must qualify under the SNAP rules for adults with green cards.)
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An adult with legal permanent resident status (aka a “green card”). Some of the qualifying scenarios for adults with legal permanent resident status include:
has had this status for five years; OR
has 10 years of work history; OR
has a military connection such as being on active duty, an honorable military discharge, or is married to a veteran or member of the military;
Battered noncitizens, and their children/parents including Violence Against Women Act (VAWA) self-petitioners, family petitioners, and lawful permanent residents.
Humanitarian Parolees
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People waiting for an asylum hearing, even if they have a work permit
People with temporary visas such as work, student or tourist visas
People who do not have a legal status in the country
What about mixed-status families?
If some members of your household are ineligible non-citizens, you may still be able to apply for eligible members of your household. However, your household benefits will be calculated based on the number of eligible people in the household.
For example, if your household consists of one ineligible adult, one eligible adult, and two eligible children, 3 out of the 4 people in the household will be considered eligible. Benefits will be calculated for a household size of three, not four. The income of the ineligible adult must still be reported, but will be counted at a prorated rate, with ¾ of it being considered as available to the eligible household members. However, the income of the eligible adult will be fully counted. Because of these rules, the benefits are less than needed for the entire household – as there would only be enough for the three eligible household members.
What does receiving SNAP mean for immigrants who want to become permanent residents or citizens?
There is a federal “public charge” rule regarding certain types of immigrants’ long-term dependence on certain public benefits. Here are 5 important reminders about public charge:
Public charge does not apply to everyone, including many of the groups listed above under the “always eligible” section as well as green card holders who remain in the U.S.
Most public benefits do not affect a person’s immigration status. These include SNAP, WIC, school meals, food banks, LIHEAP, section 8 and public housing, short-term Medicaid, Social Security, and others.
The government only considers a few benefits in a public charge test: cash assistance programs like TANF and SSI, and institutional care through programs such as Medicaid.
Non-cash benefits used by family members will not affect your immigration status.
Federal and state laws protect your personal information when you apply for or receive public benefits. Also, you don’t need to provide the immigration status of people in your household who are not getting benefits.
In 2022, the Biden administration reaffirmed that it wants immigrants to be able to access whatever SNAP benefits they or family members are eligible for without fear that it will hurt their immigration status. We recommend you check out “The Biden Public Charge Regulation: What Does it Mean for Immigrant Families?” from the Protecting Immigrant Families campaign.
Public charge: “Does this Apply to Me?” | English | اَلْعَرَبِيَّةُ | Español | Kiswahili | नेपाली | O’zbek | 汉语 | Kreyòl ayisyen | 한국어 | Tiếng Việt | Français | Tagalog
Please Note: This webpage is not legal advice! If you need legal advice related to immigration, contact our friends at Jewish Family and Community Services.