Food Stamps for Legal Permanent Residents

1 - I have a “green card.”  Am I eligible for food stamps?

If you have a green card, you are a Legal Permanent Resident or an “LPR.”  Many LPRs who are low income are eligible for food stamps. Some LPR adults need to have 5 years in legal status before they qualify for food stamps.

But, there is no 5-year wait for LPR adults who receive a disability-based benefit (like EAEDC, TAFDC, or MassHealth for disabled people). There is no 5 year wait for LPRs who have a special work history. (Consult an advocate if questions about work history.) If you are an LPR adult who was sponsored, see Question 7. 

2 - I used to have a different immigration status before I got my green card.  How does that affect my benefits?

Some LPR immigrants first entered the U.S. as a refugee or other special status. If you are an LPR now, but you had a special “qualified” status before, you do not need to wait 5 years to get food stamps. These special “qualified” statuses include Cuban/Haitian entrants, Asylees, Refugees, certain Amerasians, immigrants who are Victims of Human Trafficking or who have been granted Withholding of Deportation. Consult an advocate if you need more information about these statuses.

3 - Can my LPR or citizen kids get food stamps even if I am not eligible?

YES!  LPR and U.S. citizen can get food stamps without any waiting period. You can always apply for your kids even if you must wait 5 years to become eligible.  Do tell DTA about your legal status since you might get higher benefits for your kids.

4 - Will food stamps hurt my chances of becoming a citizen?

NO.  Food stamps will NOT affect your chances of becoming a US citizen, nor do they hurt the chances of getting a green card.

5 - How can I get food stamps if I don’t speak English?

You have the right to apply for food stamps in the language you prefer. The food stamp office (DTA) is required to provide you with translators for appointments and send you letters in your primary language.  If you don’t understand what workers are telling you, and they refuse to get you a translator, call an advocate!  

6 - If I work can I still get food stamps?

Many low wage workers qualify for food stamps.  The amount of your benefits depends on the size of your family, how much income you have, and your expenses. The amount of your rent, heat, utilities, childcare expenses, child support you pay and medical bills (if you are elderly or disabled) are taken into account when figuring out your benefits.  If you are low income, it’s usually worth applying!

7 - What if I was sponsored by a relative? 

Some immigrants get their LPR status through a family member (sponsor) – who may have signed a contract (an affidavit of support) agreeing to support them. Sometimes these sponsors fail to keep up their end of the bargain. 

Under the food stamp rules, the sponsor’s income and assets may be counted to LPR adults – even if you don’t get any money.  This is called “sponsor deeming.”  There are important exceptions to this sponsor deeming rule, including if your sponsor has died, if you are battered or if you have enough work history in the U.S. (this includes work done by your spouse during marriage and parents while you were under 18). There is also NO sponsor deeming to LPR or U.S. citizen children. Ask an advocate for information on all the exceptions and options if you were sponsored. 

8 - If I was sponsored, can I apply for my kids only? 

YES.  You can just apply for food stamps for your children and other family members who were not sponsored.  If you decide to not apply for yourself, you don’t need to give any information about your sponsor, and the sponsor’s income is not deemed. You will still need to give information about any income you earn or receive, and household expenses. It is also important to give DTA information about your own immigration status and SSN because you may get higher benefits for your children.

You do not have to go to the DTA office in person.

If your application for food stamps has been denied, call your local legal services office.

To apply for food stamp benefits, call the Project Bread’s FoodSource Hotline at 1-800-645-8333. The application is also available in Spanish and English at www.gettingfoodstamps.org.

Produced by the Massachusetts Law Reform Institute and their Congressional Hunger Fellow – December 2004

 

 

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Produced by MLRI
Created December 1, 2004

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