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Education for Justice |
FACT SHEET I-2 |
Fall 2011 |
Public
Benefits for Non-Citizens
Can non-citizens get public benefits? The rules about this
are complicated. They involve both
immigration and public benefits law.
These laws have changed a lot in the last 13 years. To learn about your situation, talk to a
lawyer who knows both immigration and public benefits law.
Public benefits come from the government to help you or your
family with living expenses like food, clothes, housing or medical care. Different programs pay for different
items. Each program has rules about who
can get the benefits. There are rules
about getting benefits if you are not a citizen. To know if you can get a benefit, you have to
know your immigration status. Check your
immigration papers. Remember that the
INS has changed its name to USCIS (U.S. Citizenship and Immigration Services).
First we will talk about what programs you can apply
for. Getting public benefits can make it
harder to get a residency card for some,
but not all immigrants. Be sure to check
for 3 things as you read this fact sheet:
¨
What public benefits you can get
¨
If getting the benefit will make it harder for
you to become a permanent resident
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If getting the benefit will make it harder for
you to sponsor family to come to the U.S.
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PEOPLE FLEEING PERSECUTION
People fleeing persecution came to the
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Refugee
·
Asylee
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Your
deportation was put on hold by USCIS because of danger in your home country.
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Cuban or Haitian
entrants. This does not mean everyone
from Cuba and Haiti. You are a Cuban or
Haitian entrant if you were “paroled” into the U.S. as a “Cuban or Haitian
entrant”; you have applied for asylum; or the USCIS has started exclusion or
removal actions for you.
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Amerasians. You are “Amerasian”
if you were fathered by a
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You are a
victim of severe trafficking, and USCIS gave you a “T-Visa.”
If you are in one of the above categories, you are a
“qualified immigrant.” You may be able
to get SSI, MFIP, GA, food benefits, and MA (Medical Assistance). If you are not a “person fleeing persecution”
go to page 3. See below to find out what
each program offers people fleeing persecution.
There are special rules for each program.
5
SSI (Supplemental
Security Income)
This program pays $674 every month if you are elderly or you
are disabled and cannot work. The amount
can be less if the people you live with help you pay for housing or food. The amount can be less if you are married and
your spouse works or gets SSI. Some
disabled children can get SSI. You apply
for SSI at a Social Security office. To
find one near you, call 1-800-772-1213.
SSI has special rules for people who are not
- If you were getting SSI
before August 22, 1996, you can keep getting SSI without time limits.
- If you were in the U.S. legally
on a permanent basis before August 22, 1996, but you were not getting SSI
before that date, you can get SSI without time limits only if you are now
disabled. You can no longer get SSI
based on your age.
- If you came to the U.S. after
August 22, 1996, you can get SSI only for 7 years after the date you got
your status from the USCIS. When 7
years is up, SSI will not pay anymore, until you become a citizen.
5
MFIP
(Minnesota Family Investment Program)
This program helps families with children. The amount of money you can get each month
depends on the size of your family. Most legal immigrants can get MFIP for
60 months (5 years).
Parents who get MFIP usually have to look for work. You have to meet with MFIP job counselors to
find out what kind of work you can do to get off MFIP. Sometimes you can get training instead of
looking for work. Taking English classes
can count as work training in this program, but Minnesota limits how much ESL (English
as a Second Language) you can take.
MFIP families also get MA (Medical Assistance) to pay for
doctors and hospitals for their children.
Many parents can get MA also. Ask
your worker. You can also get food
benefits to help you buy food.
5
GA (General Assistance)
GA is mostly for single or married people who do not have an
income. Usually you have to be a lawful
permanent resident of the
s Being
in a class to learn citizenship, literacy, or ESL or being on a waiting list for such a class.
s Applying
for citizenship and waiting to take the test or for the citizenship ceremony,
OR
s Having
been denied citizenship because you failed the test 2 times or because you could
not understand the rights and duties of being a citizen.
5
Food
People fleeing persecution may be able to get food benefits. But, some immigrants cannot get food stamps (now
called SNAP) for the first 5 years they are in the
5
Medical
If you are fleeing persecution, you may be able to get MA if
you meet the income and asset rules and fit an MA category. You fit an MA category if you:
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·
are
pregnant |
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are
disabled |
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are
a child |
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have
very low income |
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·
are
65 or older |
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You must also be
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a lawful permanent resident (LPR)
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a refugee
·
an asylee, or
·
a Cuban or Haitian entrant,
OR
You must have been granted
·
battered immigrant status
·
withholding of deportation
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parole, or
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“conditional entrant”
status.
Beginning January 1,
2012, if you are not yet an LPR, you do not have a status listed above, and
you are trying to adjust to LPR, you will no
longer be eligible for MA.
You will no longer be
eligible for MA if you:
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have
a pending immigration status |
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are
a family unity beneficiary |
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have
applied or are applying for asylum but have not yet been granted it |
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have
been granted Deferred Enforced Departure (DED) or Deferred Action |
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are
a crime victim with a “U” visa |
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have
been paroled for less than a year or |
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are
a Lawful Temporary Resident (LTR) |
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are under
an Order of Supervision. |
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have
Temporary Protected Status (TPS) |
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IF YOU ARE NOT A “PERSON FLEEING
PERSECUTION”
If you are not a “person fleeing persecution,” you may still
be a “qualified immigrant.” You may be
able to get the benefits listed above if you are:
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a Lawful Permanent Resident (have a residency
card)
·
“paroled” by USCIS for at least 1 year
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being hurt or
threatened by a spouse or parent, if the spouse or parent is a U.S. citizen or
Lawful Permanent Resident.
The rules for Food Benefits and SSI are more limited than other
programs. To get food stamps, you may
have to wait 5 years. But your children
will not have to wait. You may not get
SSI. It will depend on when you came to
the
If you have questions about getting help from these
programs, call your legal aid office.
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IF YOU HAD A SPONSOR WHEN YOU CAME TO
THE U.S.
Most people who come to the U.S. have a relative in the U.S.
sponsor them. A relative sponsor is a
family member who is a citizen or has a residency card (lawful permanent
resident). The sponsor agrees to be
responsible for you in the
If you came to the U.S. after mid-December 1997 through a
relative sponsor, the government can count your sponsor’s income and assets like
they are yours. Counting your sponsor’s income and assets may put you over the
income and asset limit for benefits. Your
sponsor’s income and assets may count even if you lose contact with your
sponsor.
You may still be able to get emergency medical help. Your children may still be able to get Food
Stamps. Your children can get MA. If you are pregnant, you can get MA during
your pregnancy and for 60 days after your child is born.
The government may not apply your sponsor’s income and
assets to you if you are in danger of going hungry or becoming homeless. The government also may not apply your
sponsor’s income and assets if you or your child are being hurt or treated with
extreme cruelty by your sponsor.
If you came to the US through the visa lottery (“diversity”
visa) or some other way after December 18, 1997, the government cannot count
your sponsor’s income and assets for any program except MFIP. Then the income and assets will count only
for a short time. Check with your legal
aid office if you have questions about if your sponsor’s income and assets
should count as your income and assets.
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U.S. VETERANS OR ACTIVE DUTY MEMBERS
OF THE U.S. ARMED FORCES
If you are a U.S. veteran or active duty member of the armed
forces, you can get SSI without any time limit if you are disabled or 65 or
older. You may also be able to get MFIP,
health care and food benefits. You may be
able to get GA, but you may need to take “steps” towards citizenship (see
above). Your spouse and your unmarried,
dependent children are eligible for the same programs. Unfortunately, Hmong and Lao army veterans are
not considered
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NON-IMMIGRANTS AND PEOPLE WITHOUT
IMMIGRATION PAPERS
(UNDOCUMENTED)
Non-immigrants are people who are here legally but
temporarily – for example, as visitors, students, or temporary workers. People without immigration papers (undocumented)
are people who never had
or no longer have USCIS permission
to be in the U.S. If you are in one of
these categories you cannot get any public benefits, except for:
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You may get free medical help for emergencies
from Emergency Medical Assistance (EMA). You can only get EMA if you are:
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elderly
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disabled, (you must be certified disabled by the
state or Social Security),
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under 18
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pregnant
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single or married without dependent children
AND have a very low income, and plan to stay in the U.S.
permanently.
If you are a pregnant woman, you can get free medical help
for your whole pregnancy, and for 60 days after your child is born. When you apply, tell the county agency you
cannot get regular MA because of your immigration status. Do not answer any questions about your
immigration status.
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Starting
January 1, 2012, EMA will be very limited. It will no longer pay for treatment for
chronic conditions like cancer, diabetes, mental illness, and kidney and heart
disease. It will only pay for treatment
for medical emergencies in the hospital, for services received while staying in
the hospital after you are admitted via the emergency room, and for follow-up
treatment related to the services you got in the hospital.
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You may also be able to get medical help through
the Center for Victims of Torture, 612-436-4800.
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If you are in the process of adjusting your
immigration status, you may be able to get state-funded cash or medical
benefits.
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You can also get:
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free school breakfast and lunch benefits,
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Women, Infants and Children (WIC) benefits,
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immunizations from public health, and
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benefits through Head
Start.
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HOUSEHOLDS WITH AN UNDOCUMENTED MEMBER
A household is a group of people who live together in the
same house or apartment. They do not all
have to be family members. People are
“undocumented” if they never had permission from the USCIS to be in the
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An undocumented parent may have citizen children
who were born in the U.S. Those children
can get MFIP, food stamps, and medical benefits, but the parent has to apply
for them. If you are undocumented you
can apply for benefits for your children.
Do not answer questions about your immigration status. Just say “I am only applying for my
children. I am not eligible because of
my immigration status.” You will have to provide information about and proof of
your income.
·
If you have a residency card (lawful permanent
residency), you can apply for benefits while living with a friend, relative, or
spouse who is undocumented.
If some members of your household are undocumented and
others are here with documents, you live in a “mixed” household. If you are in a “mixed” household, talk to a
lawyer before you apply for
benefits.
HOW
GETTING BENEFITS CAN AFFECT IMMIGRATION STATUS
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GETTING A RESIDENCY CARD
If you or someone in your household might apply for a residency
card (legal permanent residence) sometime in the next 3 years, talk to a lawyer
before you apply for benefits. The USCIS
can deny a residency card to you if it thinks you are likely to be a “public
charge.” A public charge is someone who
relies on long-term cash public benefits such as SSI, MFIP or GA. USCIS may also consider you a public charge
if you get long-term nursing home care.
If your household has used public benefits in the last 3 years, USCIS
may decide you are likely to be a public charge. Talk to a lawyer.
The public charge rule does
not apply to refugees or asylees. It also does
not apply to benefits you get that are not cash, such as:
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BEING A SPONSOR TO BRING FAMILY TO THE U.S.
If you want to become a sponsor for someone else in the next
few years, you may not want to apply for public benefits. The USCIS could decide that you cannot take
financial responsibility for a new immigrant if you were on public benefits
yourself.
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YOUR RIGHT TO AN INTERPRETER
When you apply for benefits you
have the right to an interpreter if you need one. Government agencies that give out benefits
must provide a free interpreter to people with limited English. They cannot make you bring your own
interpreter. You can bring someone to
help you if you want to. See our fact
sheet, I-3 Your Right to an Interpreter.
Thanks
to Southern Minnesota Regional Legal Services (SMRLS) for updating this Fact
Sheet.
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MN
Legal Services Coalition |
Do not use this fact sheet if it is
more than 1 year old. Write
us for updates, a fact sheet list, or alternate formats. Fact
Sheets aren’t a complete answer to a legal problem. See
a lawyer for advice. |
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© 2011
Mid-Minnesota Legal Assistance. This
document may be reproduced and used for non-commercial personal and
educational purposes only. All
other rights reserved. This notice
must remain on all copies.
Reproduction, distribution, and use for commercial purposes are
strictly prohibited. |
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To find other Legal
Aid Society materials, including any fact sheets mentioned in this
document, go to www.lawhelpmn.org/LASMfactsheets.