Am I eligible if I am a legal immigrant?

The eligibility rules for immigrants and refugees (immigrants) are very complicated and sometimes require the advice of an experienced advocate. It is also important to note that the SNAP/food stamps eligibility rules affecting immigrants are different from cash assistance and MassHealth rules. The chart in Appendix D: Eligibility Chart by Immigration Status highlights the differences.

There are basically three groups of immigrants who qualify for benefits as under the SNAP/food stamp rules. 106 C.M.R. §§ 362.220-362.240

Group 1: Refugees and other individuals who have fled persecution

You qualify under the SNAP/food stamp eligibility requirements if you are:

• A person who entered the U.S. as a refugee,
• A person granted asylum after entering the U.S.,
• A person granted withholding of deportation or removal,
• A Cuban/Haitian entrant— defined as a national of Cuba or Haiti who has legal status, a pending application for asylum or an application for certain other statuses,
• A Vietnamese Amerasian immigrant (e.g., the offspring of a U.S. citizen conceived during the Vietnam war), or
• A victim of trafficking in persons— such as slavery or sex trafficking— who has applied for status under a special process with the Department of Health and Human Services.
• Nationals of Iraq or Afghanistan granted a "Special Immigrant Visa" (SIV). These individuals are predominantly interpreters for the U.S. military in Iraq or Afghanistan and their immediate family members, who have been granted legal permanent residence in the U.S.

If your immigration status falls under one of the above, you qualify for SNAP/food stamp benefits without the five-year waiting period. You are also eligible without the waiting period if you previously had one of these statuses, even if you are now a legal permanent resident, parolee or battered non-citizen.

Group 2: Legal permanent residents, parolees and battered immigrants

You may qualify under the SNAP/food stamp requirements if you are:

• A legal permanent resident (LPR or sometimes referred to as a "green card holder"),
• A person granted parolee status (generally based on humanitarian or public interest reasons) for more than one year, or
• A battered immigrant (this includes the parent of an abused child or the child of an abused parent) who meet the requirements for battered immigrants in What are the special immigrant eligibility rules for battered immigrants and their families?

If you are one of the above immigrants, you also must have five years in qualified status unless you meet one of the following:

• You are a child under age 18, or
• You are blind or have a disability that your health care provider states meets SSI criteria and you are receiving a state or federal disability benefit, such as MassHealth Disability, EAEDC, or other benefits listed in How can I prove disability so I do not have to wait five years?, or
• You are a legal permanent resident with 40 qualifying quarters of work history. See How can my work history help qualify me so that I don't have to wait the five years?

Group 3: Immigrants with other special statuses

You also meet the SNAP/food stamp eligibility requirements, without any waiting period, if you are:

• A Native American born in Canada or Mexico (Native Americans born in the U.S. are U.S. citizens),
• A Hmong or Highland Laotian tribe member during the Vietnam war or the spouse, surviving spouse or unmarried dependent child of a tribe member, or
• A veteran of the U.S. military, an active duty service member, or the spouse, widow or dependent of a veteran or active duty service member and you are lawfully residing in the U.S. (even if not an LPR). See 106 C.M.R. § 362.240(A) for a list of immigrants considered to be lawfully residing in the U.S.

For an excellent guide with copies of U.S. Immigration and Citizenship Service issued documents and key to the codes, see the National Immigration Law Center (NILC) Guide on the NILC website.

Ineligible immigrants

Unless you fall within one of the above three groups, you are not eligible for SNAP/food stamps. See 106 C.M.R. § 362.220(D)-(G). You can still apply for benefits for U.S. citizen or qualified immigrant dependents who meet the eligibility rules, you will not receive benefits for yourself.

Examples of ineligible immigrants include:

• A legal permanent resident or parolee over age 18 who has less than five years in qualified status and is not disabled. To qualify as disabled, see How can I prove disability so I do not have to wait five years?
• An immigrant who is lawfully present under other provisions of immigration law, such as applicant for asylum or adjustment under a relative petition, an immigrant granted Temporary Protected Status, or other status where you have work authorization or are known to the Department of Homeland security,
• An undocumented or out of status immigrant, or
• A non-immigrant (student, visitor, diplomat).

See Can my children get benefits if I am an ineligible immigrant? for how ineligible immigrant parents can apply for eligible children, and How does DTA count the income of an ineligible immigrant who lives with eligible persons? for how income of ineligible immigrants is counted to the rest of the household.

Additional Policy Guidance on Immigrants and Refugees