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Appendix D: Eligibility Chart by Immigration Status

 
Immigrant Status
Food Stamps/SNAP
EAEDC Cash Assistance
Transitional Aid to Families with Dependent Children (TAFDC)
Supplemental Security Income (SSI)
U.S. citizens (born in the United States or naturalized) and Native Americans Eligible Eligible Eligible Eligible
Refugee, asylee, Cuban or Haitian entrant, person granted withholding of deportation or removal, Amerasian immigrant, and Iraqi and Afghan SIV holders (Special Immigrant Visas for Iraqi and Afghan military interpreters and their dependents**) Eligible Eligible Eligible Eligible without time limitation if:
  • received SSI or had application pending on August 22, 1996;
  • lawfully resided in the United States on August 22, 1996, and is disabled; or
  • a lawful permanent resident credited with forty quarters of work
Otherwise eligible for SSI for seven years after granted status unless extended 1
Adult lawful permanent resident, parolee (if granted parole for at least one year) Eligible if:
  • has lived in the United States as qualified immigrant for five years;* or
  • receiving a cash or medical disability- based benefit; or
  • lawfully resided in the United States and was 65 on August 22, 1996; or
  • a lawful permanent resident credited with forty quarters of work
 Eligible Eligible if physically entered the United States before August 22, 1996

If physically entered the United States after August 22, 1996, eligible after having lived in the United States as"qualified immigrant" for five years

 Eligible if:
  • received SSI or had application pending on August 22, 1996;
  • lawfully resided in the United States on August 22, 1996, and is disabled; or
  • a lawful permanent resident credited with forty quarters of work and has lived in the United States as "qualified immigrant" for five years*
Immigrant Status
Food Stamps/SNAP
EAEDC Cash Assistance
Transitional Aid to Families with Dependent Children (TAFDC)
Supplemental Security Income (SSI)
Children (under age 18)— lawful permanent resident, parolee for at least one year Eligible Eligible Eligible if physically entered the United States before August 22, 1996

If physically entered the United States after August 22, 1996, eligible after having lived in the United States as"qualified immigrant" for five years

 Eligible if:
  • received SSI or had application pending on August 22, 1996;
  • lawfully resided in the United States on August 22, 1996, and is disabled; or
  • a lawful permanent
resident credited with forty quarters of work and has lived in the United States as "qualified immigrant" for five years*
Victim of Trafficking in persons Eligible Eligible Eligible Eligible
Hmong and Highland Laotians Eligible Eligible Eligible Eligible if:
  • received SSI or had application pending on August 22, 1996;
  • lawfully resided in the United States on August 22, 1996, and is disabled; or
  • a lawful permanent
resident credited with forty quarters of work and has lived in the United States as "qualified immigrant" for five years*
Immigrant Status
Food Stamps/SNAP
EAEDC Cash Assistance
Transitional Aid to Families with Dependent Children (TAFDC)
Supplemental Security Income (SSI)
Battered noncitizens, and their children and parents (including Violence Against Women Act self-petitioners, family petitioners, and lawful permanent residents who have been abused) Eligible if:
  • has lived in the United States as"qualified immigrant" for five years;*
  • a child under age 18;
  • receiving a disability-based benefit;
  • lawfully resided in the United States and was 65 on August 22,1996; or
  • a lawful permanent resident credited with forty quarters of work
 Eligible Eligible Eligible if:
  • received SSI or had application pending on August 22, 1996;
  • lawfully resided in the United States on August 22, 1996, and is disabled; or
  • a lawful permanent

resident credited with forty quarters ofworkandhas lived in the United States as "qualified immigrant" for five years*
Lawfully residing Veteran, active-duty service member, spouse, and dependent children Eligible if a qualified immigrant* Eligible Eligible Eligible if a"qualified immigrant"*
Immigrant permanently residing in U.S. under color of law (pending application, TPS, DED, vol departure, etc) No (except certain battered immigrants, Cuban/ Haitian entrants, Veterans in lawful status) Yes No No
(unless receiving SSI or application pending on August 22, 1996)
Non-immigrant (tourist, student)

 

 No No No No
Undocumented No No No No

* In this context "qualified immigrant" means (1) lawful permanent resident, (2) parolee for at least one year, (3) conditional entrant, or (4) certain abused non-citizens and their children and parents.
** Iraqi and Afghan SIV holders eligible to the "same extent" as refugees, effective 12/19/2009.

Under federal law, all non-citizens regardless of immigration status are eligible for the following:

  • School lunch and breakfast
  • WIC (supplemental food program for women, infants, and children)
  • Head Start
  • Non-means-tested benefits delivered at the community level, such as food pantries, homeless shelters, child protection services, and domestic violence, mental health, and substance abuse treatment

Special Notes

PRUCOL immigrants (permanently residing in the United States under color of law) are individuals who generally have work authorization or some other proof of status or contact with Immigration officials. In addition to the immigrant groups listed above, individuals are PRUCOL if they are known to the USCIS and the USCIS does not presently contemplate enforcing their departure.

Examples of immigrants who are considered PRUCOL include but are not limited to:
  • Persons granted temporary protected status (TPS)
  • Persons granted deferred action status
  • Persons under order of supervision
  • Applicants for permanent residency
  • Applicants for asylum from any country
  • U visa recipients (victims of violence)

Produced by the Massachusetts Law Reform Institute Updated: January 2010

Endnotes

1 Effective 10/1/2008, "humanitarian" immigrants who reach the end of the 7-year SSI eligibility period or who lost SSI during the time limit can get an additional 2 years of SSI if they meet specific conditions and are making a good faith effort to pursue US citizenship. See "A Guide to the New and Temporary SSI Extension Law for Humanitarian Immigrants" available at NILC.

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