What Public Benefits Can a Green Card Holder Receive?

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

If you are a U.S. green card holder (“permanent resident”) who finds yourself in need, you may consider applying for public benefits (government financial or other assistance). However, you probably have a lot of questions, such as:

  • Do I qualify for any public benefits?

  • Will receiving public benefits put me at risk of losing my permanent resident status, being deported, or becoming ineligible for U.S. citizenship?

We'll answer the first question below, and the second in the article, "Receiving Public Benefits + Travel = Potential Inadmissibility for a Green Card Holder.

Public Benefits Eligibility for Immigrants

What types of public benefits a permanent resident can receive depends, naturally, on the specific eligibility requirements.These vary depending on the federal, state, or county agency providing the benefit, as well as factors such as your family size. To find out whether you meet the eligibility requirements for a public benefit, you'll need to seek information from your local public benefits office. This article will give you an overview of the most likely possibilities.

Note that the federal names of the benefit programs discussed in this article may have different names in the state or county where you live. For example, what the federal government calls "Temporary Assistance for Needy Families (TANF)" is called “CalWORKs” in California.

In addition, you should know that some counties and states have public benefits programs that are specifically intended for immigrants who cannot qualify for federal public benefit programs. For example, in California some immigrants who do not qualify for Supplemental Security Income (SSI) because of their immigration status can receive assistance through the Cash Assistance Program for Immigrants (CAPI).

Factors Considered in Assessing a Permanent Resident's Eligibility for Benefits

The benefits that a permanent resident (LPR) can receive will depend on a number of factors such as:

  • when the LPR obtained permanent resident status

  • how the LPR obtained permanent resident status

  • whether the LPR has credit for “40 quarters" of work

  • the county or state that the LPR lives in, and

  • whether “deeming rules” apply. Under “deeming rules,” the income of an LPR's “sponsor(s)” is also counted when determining whether or not the permanent resident can receive public benefits.

In this article, we will assume that the permanent resident received this status on or after August 22, 1996 (the date that more restrictive rules about immigrant access to public benefits came into effect) and was never in any of the following categories, to which special rules apply:

  • asylee

  • refugee

  • withholding of removal recipient

  • Cuban/Haitian

  • Amerasian

  • victim of trafficking

  • Iraqi or Afghan special immigrant

  • abused spouse or child of a permanent resident or U.S. citizen

  • Native American who was born outside of the U.S.

  • veteran

  • active duty member of the military

  • spouse of a member of the military

  • surviving, unremarried spouse of a deceased member of the military, or

  • surviving child of a deceased member of the military.

Supplemental Security Income (SSI)

SSI is a federal benefits program that provides cash assistance to low-income seniors (65 years or older) and low-income disabled children and adults.

Permanent residents cannot apply for SSI benefits until they have lived in the U.S. for five years. After five years in the U.S., a permanent resident will qualify for SSI only if he or she has credit for 40 quarters of work. There are special rules about how to count the 40 quarters, including:

  • Only work in the U.S. counts towards the 40-quarter requirement.

  • If the person receives any “means-tested public benefits” during a quarter, no credit will be given for that quarter.

  • The work of parents performed while a permanent resident is under age 18 can be counted, and

  • The work of a spouse performed during the marriage (as long as there was no divorce or annulment) can be counted.

Temporary Assistance for Needy Families (TANF)

TANF is a federal program that provides money to states to reduce poverty. Low-income families that qualify receive cash assistance, but must also participate in job training and other programs designed to eliminate dependence on cash assistance.

Permanent residents who have maintained their lawful resident status for five years can qualify for TANF, assuming they meet other program requirements. Even if an LPR meets general eligibility requirements, however, it is possible that the “deeming rules” described above will prevent the person from receiving TANF.

Supplemental Nutrition Assistance Program (SNAP)

SNAP is a federal program that provides money to states so that they can help people with limited income purchase food. People who qualify for SNAP receive electronic debit cards that they can use to purchase groceries.

Permanent residents who are under 18 years of age may qualify for SNAP benefits. A permanent resident who is older than 18 will qualify for SNAP only if he or she:

  • has been in lawful permanent resident status for five years

  • is receiving “assistance” based on a disability (but only if the rules used to make the disability determination are as strict as SSI rules regarding disability determinations), and

  • has credit for 40 quarters of work.

As with TANF, the “deeming rules” described above may result in ineligibility.

Medicaid (Full-Scope and Emergency)

Medicaid is a health coverage program for low-income individuals, children, families, elderly, and the disabled. Each state runs a Medicaid program, though many give it a different name.

Two types of opportunities for medical care are offered under Medicaid: Emergency Medicaid and Full-Scope Medicaid. Permanent residents generally qualify for Emergency Medicaid without exception, assuming they meet the general, non-immigration-related eligibility requirements.

But to qualify for Full-Scope Medicaid, permanent residents must:

  • have been a permanent resident for five years, and

  • be in a federal foster care program, or

  • be a child under 21 AND live in a state that provides Full-Scope Medicaid to permanent residents, or

  • be pregnant AND live in a state that provides Full-Scope Medicaid to permanent residents.

Also, the “deeming rules” described above may apply.

To find out whether your state provides Full-Scope Medicaid to permanent residents who are under 21 or pregnant, contact your local, county or state public benefits office.

Children's Health Insurance Program (CHIP)

CHIP provides health coverage to children living in families that cannot get Medicaid because their income is too high, but do not have enough money to pay for private insurance.

To qualify for CHIP, permanent residents must:

  • have been a permanent resident for five years, and

  • be a child under 21 AND live in a state that provides Full-Scope Medicaid to permanent residents, or

  • be pregnant AND live in a state that provides Full-Scope Medicaid to permanent residents

The “deeming rules” described above may apply.

Medicare (Hospitalization/Free and Buy-In)

There are two types of Medicare: Hospitalization/Free and Buy-in.

Hospitalization/free Medicare provides health benefits to people who have worked in the U.S. and paid Social Security taxes long enough and are:

  • 65 years or older

  • Disabled, or

  • Facing permanent kidney failure

Persons who have not worked long enough may qualify for the “buy-in” option.

Hospitalization/Free Medicare is generally available to all U.S. permanent residents, assuming they meet the other general, non-immigration-related eligibility requirements.

Buy-in Medicare is available to permanent residents only if they have held this status for at least five years.

Federally Funded Public Housing and “Section 8” Housing

Section 8 is a voucher program that gives low-income individuals and families money so that they can rent housing in the private market. Federally funded public housing provides government-owned housing to low-income individuals, families, the disabled, and the elderly. Usually, the federally funded public housing is owned or managed by a local government's “housing authority.”

Permanent residents are generally eligible for federally funded public housing and “Section 8.”

If there is one permanent resident in the household and other people living in the home who are not eligible for federal public housing or Section 8, the rent will probably be prorated so that the only person receiving the federal housing benefit is the permanent resident.

Social Security Benefits

Permanent residents are generally eligible for Social Security, which provides retirement payments based on work and earnings history. But one important eligibility criteria is that if the permanent resident's Social Security number was issued on or after January 1, 2004, the number must have been valid for work or the work for which the permanent resident is seeking credit must have been performed while the LPR was temporarily in the U.S. and had status as a businessperson or crewman.

Expect the Public Benefits Agency to Verify LPR Status

Usually, a permanent resident can simply show a green card to prove the required immigration status. But the public benefits agency may also get in touch with immigration authorities to verify the applicant's immigration status.

When the Department of Homeland Security (DHS) receives this sort of request to check on immigration status, DHS is not supposed to use the information to start removal (deportation) proceedings – except where the permanent resident has committed certain crimes.

If you have been charged with or convicted of any crimes (even if you received “diversion” or other alternative sentencing programs and even if any convictions have been expunged or “cleaned” from your record) you should, therefore, talk to an attorney before applying for public benefits.

 

Talk to an Immigration Attorney

Start here to find immigration lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO6:DRU.1.6.1.20140626.27175