Not a citizen

Rules Specific to Non-Citizens

To qualify for many of the public benefit programs often a person must be a U.S. citizen or must fit into a specific immigrant category. This requirement varies by program. The term used by benefit programs is that you have to be a “qualified immigrant”.

Immigrants may also have a sponsor when they enter into the US. In instances where you have a sponsor, you may have to provide information about your sponsor’s income and assets. The sponsor’s income and assets may be used (or deemed) to help decide if you can receive a public benefit or how much of a benefit you can receive. This responsibility ends when you become a US citizen or you have 40 qualifying work quarters. Sponsors may be held responsible for reimbursing the government for benefits you received before you have become a US citizen or met the 40 qualifying work quarters.

Click on the program for information about sponsor liability (deeming)

Who is a qualified immigrant?

People who are not U.S. citizens but who fit a specific immigrant category are immigrants who may qualify for cash, food or medical benefits.  The rules for who can qualify varies by program.  Take a look below for specifics based on the program.  

Generally a qualified immigrant is:

  • Persons Lawfully Admitted for Permanent Residence into the U.S. and have resided in the U.S. for at least 5 years after 8/22/1996.
  • To meet the non-citizen requirements for this status, you must:
    • have been residing in the U.S. on 08/21/96 and
    • currently be lawfully admitted for permanent residence.
    • Persons who enter the U.S. on or after 08/22/96 must live in the United States for 5 years after being lawfully admitted, to meet citizenship status or if here under 5 years has 40 qualifying work quarters according to Social Security records
  • Refugees/Asylees
  • Certain American Indians Born in Canada
    • An American Indian born in Canada
    • A member of an Indian tribe as defined in the Indian Self-Determination and Education Assistance Act.
  • U.S. Veterans, Active Military Service, and Dependents. This group includes a non-citizen who is:
    • a veteran, honorably discharged from U.S. military service, for reasons other than being a non-citizen;
    • in active U.S. military service;
    • a spouse or unmarried dependent child of a veteran or a person in active U.S. military service.
  • Refugee/Asylee/Cuban-Haitian/Amerasian/Deportation Withheld. This group includes:
    • A person who is a refugee admitted under Section 207.
    • A person who is an asylee admitted under Section 208.
    • A national of Cuba or Haiti admitted on or after 04/21/80.
    • Amerasians from Vietnam, and their close family members, admitted through the Orderly Departure Program beginning on 03/20/88.
    • A person whose deportation is being withheld under Section 243(h) prior to 04/97, or Section 241(b) after 04/97
  • Hmong or Highland Laotian Tribe Members
    • A person Lawfully residing in the U.S. who was a member of a Hmong or Highland Laotian tribe when the tribe helped U.S. personnel by taking part in a military or rescue operation during the Vietnam era (between August 5, 1965 and May 7, 1975). This also includes the person's spouse, widow(er) who has not remarried, and unmarried dependent children.
  • Persons Granted Conditional Entry and Certain Parolees. This includes:
    • A person who is granted conditional entry prior to 04/01/80 under Section 203(a)(7).
    • A person paroled at least one year under Section 212(d)(5) prior to 08/22/96.
  • Victims of human trafficking
  • Certain victims of domestic violence

Following are the specific “qualified” immigrant status listed by benefit program.

 

TANF (Temporary Assistance for Needy Families)

  • If you are a Qualifying immigrant who entered US before 8/22/96 you may be eligible
  • If you are a Qualifying immigrant who entered the US after 8/22/96 you are eligible only if you:
    • Were granted refugee or asylum status or withholding of deportation/removal,
    • Are Cuban/Haitian entrant, or Amerasian immigrant
    • Are a Veteran, active duty military; spouse, unremarried surviving spouse, or child
    • Have been in “qualified” immigrant status for 5 years
  • If you are Not a qualified immigrant you are eligible only if you are:
    • An American Indian born abroad
    • A victim of trafficking or domestic violence and their beneficiaries
    • Receiving SSI (or the application is pending) on Aug. 22, 1996
  • If your family is a mix of US citizens and unqualified immigrants, you may be able to receive help for the persons who are US citizens
    • For example your children are US citizens or Lawful Permanent Resident (LPR). You can receive TANF for your children, regardless of your immigrant status. You will still need to qualify for the program based on your income and assets.

AABD Cash Assistance (State Aid to the Aged, blind or disabled)

  • If you are a Qualifying immigrant who entered US before 8/22/96 you may be eligible
  • If you are a Qualifying immigrant who entered the US after 8/22/96 you are eligible only if you:
    • Were granted refugee or asylum status or withholding of deportation/removal. You may also be able to receive help if your SSI has been stopped due to reaching the 7 year time limit imposed by SSI.
    • Are Cuban/Haitian entrant, or Amerasian immigrant
    • Are a Veteran, active duty military; spouse, unremarried surviving spouse, or child
    • Have been in “qualified” immigrant status for 5 years
  • If you are Not a qualified immigrant you are eligible only if you are:
    • An American Indian born abroad
    • A victim of trafficking and domestic violence and their derivative beneficiaries
    • Receiving SSI (or the application is pending) on Aug. 22, 1996
  • If your family is a mix of US citizens and unqualified immigrants, you may be able to receive help for the persons who are US citizens
    • For example your children are US citizens or Lawful Permanent Resident (LPR). You can receive TANF for your children, regardless of your immigrant status. You will still need to qualify for the program based on your income and assets.

Food Stamps

  • If you are a Qualifying immigrant who entered US before 8/22/96 you are eligible only if:
    • Are under age 18
    • Were granted refugee or asylum status or withholding of deportation/removal,
    • Cuban/Haitian entrant, or Amerasian immigrant
    • Have been in “qualified” immigrant status for 5 years1
    • Are receiving disability-related assistance
    • Lawful Permanent Resident (LPR) with credit for 40 quarters of work
    • Were 65 years or older and were lawfully residing in the U.S. on Aug. 22, 1996
    • Veteran, active duty military; spouse, unremarried surviving spouse, or child
    • Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the U.S.; spouse, surviving spouse, or child of tribe member
    • Certain American Indians born abroad
  • If you are a Qualifying immigrant who entered the US after 8/22/96 you are eligible only if you:
    • Are under age 18
    • Were granted refugee or asylum status or withholding of deportation/removal, Cuban/Haitian entrant, or Amerasian immigrant
    • Have been in “qualified” immigrant status for 5 years
    • Are receiving disability-related assistance
    • Are a Lawful Permanent Resident (LPR) with credit for 40 quarters of work
    • Veteran, active duty military; spouse, unremarried surviving spouse, or child
    • Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the U.S.; spouse, surviving spouse, or child of tribe member
    • Certain American Indians born abroad
  • Not qualified immigrant is eligible only if:
    • Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the U.S., spouse, surviving spouse or child of tribe member, who is lawfully present in the U.S.
    • Certain American Indians born abroad
    • Victims of trafficking and domestic violence and their derivative beneficiaries.
      • If you are applying based on this criteria your children may be able to receive benefits, but you may have to wait until you have been a LPR for 5 years or you meet the 40 work quarter requirement.

All Kids

  • Qualified, and un-qualified immigrants regardless of status

Child Care

  • If you are a parent you can apply for the child care subsidy if your child is a Lawful Permanent Resident or US citizen and has a SSN.
  • You can receive this help regardless of your own status.
  • You must meet state income levels to qualify and your day care provider must be able to provide a valid SSN or FEIN.

General Assistance through local townships or county offices or Transitional Assistance in Chicago-Note rules may vary among townships, so the following are general guidelines

  • If you are a Qualifying immigrant who entered US before 8/22/96 you may be eligible 
  • If you are a Qualifying immigrant who entered the US after 8/22/96 you are eligible only if you: Were granted refugee or asylum status or withholding of deportation/removal,
    • Are Cuban/Haitian entrant, or Amerasian immigrant
    • Are a Veteran, active duty military; spouse, unremarried surviving spouse, or child
    • Have been in “qualified” immigrant status for 5 years
  • If you are Not a qualified immigrant you are eligible only if you are: An American Indian born abroad
    • A victim of trafficking and their derivative beneficiaries
    • Receiving SSI (or the application is pending) on Aug. 22, 1996
  • If your family is a mix of US citizens and unqualified immigrants, you may be able to receive help for the persons who are US citizens For example your children are US citizens or Lawful Permanent
    • Resident (LPR). You can receive TANF for your children, regardless of your immigrant status. You will still need to qualify for the program based on your income and assets.

Medicaid /Family Care for the adults

  • Qualifying immigrant entered US before 8/22/96 is eligible
  • Qualifying immigrant who entered the US after 8/22/96 is eligible only if:
    • Were granted refugee or asylum status or withholding of deportation/removal,
    • Cuban/Haitian entrant, or Amerasian immigrant,
    • Veteran, active duty military; spouse, unremarried surviving spouse, or child
    • Have been in “qualified” immigrant status for 5 years
  • Not qualified immigrant is eligible only if:
    • Receiving SSI (or application pending) on Aug. 22, 1996
    • Certain American Indians born abroad
    • Victims of trafficking and their derivative beneficiaries during the first seven years after getting status

Education programs (Local schools and Headstart)

  • Children are able to be enrolled regardless of immigrant status

Emergency Medicaid or due to End Stage Renal Disease (treatment in an emergency room for a life threatening health crisis)

  • This program is available to you if you are a:
    • Qualified, and un-qualified immigrants regardless of status and
    • You would be eligible for TANF, Family Care, or Medcaid based on age, blindness or disability if you were able to meet immigrant status requirements and
    • You are able to provide medical reports that verify the treatment was due to a life threatening situation and
    • The state determines you eligible for this benefit after reviewing the medical reports or
    • You have been diagnosed with End Stage Renal Disease, and you provide medical reports that prove this.

Medicare premium buy-in (Medicare Savings Programs such as QMB, SLIB, QI-1 and Illinois Cares Rx Plus)

  • You may be eligible only if you are:
    • A Lawful Permanent Resident (LPR) who has resided continuously in the US for at least 5 years and
    • You are enrolled in Medicare

Refugee/Asylee Assistance

  • If you are a refugee, you may be able to receive help for the first 8 months after admission to the US if you are not eligible for TANF, AABD or SSI

School Lunch and Breakfast

  • You may be able to receive this benefit regardless of your child’s status

Supplemental Food Program for Women, Infants and Children (WIC)

  • You may be able to receive this benefit in Illinois whether you are a Qualified, and un-qualified immigrants regardless of status. Illinois is not currently checking the status.

SSI (Supplemental Security Income)

  • If you are a Qualifying immigrant entered US before 8/22/96 you may be eligible only if you:
    • Were receiving SSI (or the application was pending) on Aug. 22, 1996
    • Qualify as disabled and were lawfully residing in the U.S. on Aug. 22, 1996
    • Are a Lawful Permanent Resident (LPR) with credit for 40 quarters of work
    • Were granted refugee or asylum status or withholding of deportation/removal,
    • Are a Cuban/Haitian entrant, or Amerasian immigrant. You can receive help only during first 7 years after getting this status
    • Are a US Veteran who has been honorably discharged, active duty military; spouse, unremarried surviving spouse, or child of a veteran
    • Are an American Indian born abroad
  • If you are a Qualifying immigrant who entered the US after 8/22/96 you may be eligible only if you:
    • Are a Lawful Permanent Resident (LPR) with credit for 40 quarters of work and are applying for SSI no earlier than 5 years after entry
    • Were granted refugee or asylum status or withholding of deportation/removal,
    • Are a Cuban/Haitian entrant, or Amerasian immigrant. You are eligible only during the first 7 years after getting this status
    • Your are a US Veteran, active duty military; spouse, unremarried surviving spouse or child or a veteran
    • Certain American Indians born abroad
  • If you are Not a qualified immigrant you may be eligible only if you:
    • Were receiving SSI (or application pending) on Aug. 22, 1996
    • Are an American Indian born abroad
    • Are a Victim of trafficking or domestic violence. You and your beneficiaries may be eligible only during the first seven years after getting this status and you have at least 40 qualifying work quarters.

Public Charge

 

In addition to immigrant status affecting whether you can receive public benefits, receiving benefits themselves can result in your being considered a “public charge” and can affect your ability later to adjust your status to Lawful Permanent Resident (LPR) or US citizen. A public charge is an immigrant who is considered likely to become primarily dependant on the government for subsistence. The United States Citizenship and Immigration Service (USCIS) designate who is a public charge. Immigrants who are hoping to become Lawful Permanent Resident (LPR)s are subject to having USCIS review applications for public charge status. For more information from USCIS about public charge click HERE as well as answers from USCIS to Frequently Asked Questions

Benefits subject to public charge

  • The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) established that receipt of public cash assistance for income maintenance could make a non-citizen a public charge. It is important to note that numerous other criteria are also applied in making this determination. Receiving the following public benefits could fall under this definition are:
  • Supplemental Security Income (SSI),
  • cash assistance from the Temporary Assistance for Needy Families (TANF) program and
  • General Assistance
  • In addition, public assistance, including Medicaid, for the purpose of providing long term care in institutions such as a nursing home or mental health institution. (Short-term institutionalization for rehabilitation is not subject to public charge consideration.)

 

Benefits not subject to public charge

Non-cash and special-purpose cash benefits that are not meant to be your primary source of income are not subject to public charge consideration. Programs that are “necessary for your life and safety” are not subject to public charge. Such benefits include:

  • Medicaid,
  • Children’s Health Insurance Program (CHIP), (In Illinois this is All Kids)
  • Food Stamps,
  • Special Supplemental Nutrition Program for Women, Infants and Children (WIC),
  • Immunizations,
  • prenatal care,
  • testing and treatment of communicable diseases,
  • emergency medical assistance,
  • emergency disaster relief,
  • nutrition programs,
  • housing assistance,
  • energy assistance,
  • child care services,
  • foster care and adoption assistance,
  • transportation vouchers,
  • educational assistance,
  • job training programs,
  • non-cash benefits funded under the TANF program
  • mental illness and substance abuse treatment
  • short term housing,
  • food pantries and community nutrition programs
  • child and adult protective services
  • violence and abuse prevention

 

For more information about Public Charge click here

 

40 Qualifying Work Quarters

The Food Stamp and SSI programs have rules in place that require that a Lawful Permanent Resident (LPR) who has lived in the US must have 40 qualifying work quarters to receive the benefit. How this rule is applied varies based on the program.

Food Stamps permit you to receive benefits if you have lived in the US for less than 5 years but you are able to be credited with 40 work quarters. SSI on the other hand permits you to only receive benefits if you have lived in the US for at least 5 years, and you have at least 40 work quarters. Both programs allow the wages of a spouse, stepparent or parent to be considered toward meeting your 40 work quarters.

The following wages earned may be able to be considered to determine if you meet the 40 work quarter:

  • the non-citizen; and his/her
    • parents, for earnings when the non-citizen was under age 18, including quarters worked before the non-citizen was born; and
    • stepparent for earnings when the non-citizen was under age 18 (relationship must still exist, unless relationship ended due to death); and
    • spouse, for earnings during the marriage; and
    • former spouse, for earnings during the marriage if the marriage ended by death.
      • Quarters for each eligible person can be added together:

 

Example 1: Mr. Smith is 45 and a US citizen. He has worked continuously since he was 18. Mrs. Smith married Mr. Smith 10 years ago, but entered the U.S. 3 years ago, when her visa was finally approved. Ms. S never worked outside of the home. Mrs. Smith leaves Mr. S. and applies for Food Stamps. Since Mr. Smith has worked over 40 work quarters during the marriage, Mrs. Smith is able to receive Food Stamps even though she has been in the US less than 5 years.

 

For more information regarding the 40 work quarters and Food Stamps click here


For more information regarding the 40 work quarters and SSI click here

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