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Chart of Immigrant Eligibility for Federal Programs

Food Stamps

Legal immigrant children (benefits restored as of October 1, 2003)
Legal immigrants with 5 years residence in the U.S. (benefits restored as of April 1, 2003)*
Legal immigrants with 40 work quarters
Refugees
Elderly, resident in the U.S. on or before 8/22/96
Disabled or blind immigrants, regardless of when they entered the U.S.
Veterans, active military and their spouses and dependents

TANF

Legal immigrants residing in the U.S. on or before 8/22/96 at state option
Legal immigrants who enter the U.S. after 8/22/96: barred for first 5 years*
Legal immigrants with 40 work quarters
Refugees
Veterans, active military and their spouses and dependents

Medicaid

Legal immigrants residing in the U.S. on or before 8/22/96 at state option
Legal immigrants who enter the U.S. after 8/22/96: barred for first 5 years*
Legal immigrants with 40 work quarters
Refugees (eligible for first 7 years of residence)
Veterans, active military and their spouses and dependents
SSI recipients

SCHIP

Legal immigrant children residing in the U.S. on or before 8/22/96
Legal immigrant children who enter the U.S. after 8/22/96: barred for first 5 years*
Refugees (eligible for first 7 years of residence)
Children of veterans and active military (unmarried, dependent)

Legal immigrant SSI recipients resident in the U.S. on or before 8/22/96
Legal immigrants resident on or before 8/22/96 who are or become disabled
Legal immigrants with 40 work quarters
Veterans, active military and their spouses and dependents
Refugees (eligible for first 7 years of residence)

NOTES:   “Refugee” on this chart also includes asylees, Cuban-Haitian entrants, Amerasians, and those whose deportation has been withheld.   Victims of domestic abuse and victims of trafficking may be eligible for the above programs, but they must still meet eligibility requirements (for example, 5 years residence or 40 work quarters.)

*Sponsor-to-immigrant deeming will apply to legal immigrants who have signed a legally binding affidavit of support on or after December 19, 1997.  The income and resources of the sponsor are counted as available to the immigrant when determining the immigrant’s eligibility.

Last updated April 21, 2004