A new federal law changed who can get SNAP if they are not a U.S. citizen. These changes were delayed for several months while the rules were challenged in court. New York State has now started using the new rules.

Under the new rules, the following noncitizens can still be eligible for SNAP:

• Lawful Permanent Residents (LPRs or “green card” holders)
  • Some people must wait up to 5 years after getting a green card.
  • No waiting period if you:
    • Are under age 18, or
    • Have 40 qualifying work quarters, or
    • Qualify under other limited exceptions.
• Cuban or Haitian Entrants
• People from certain Pacific Island nations This includes people from:
  • Micronesia
  • Palau
  • The Marshall Islands

The following noncitizens are no longer eligible for SNAP under the new rules:

• Asylees
• Refugees
• T-visa holders
• VAWA self-petitioners
• People granted withholding of deportation or removal
• People paroled into the U.S. for one year or more

Important: If someone in one of these groups later gets a green card, they may become eligible for SNAP again. Some people may still have to wait before benefits can start.

If you are in one of the groups that is losing eligibility:

• You will keep your SNAP until your next recertification.
• You do not need to report this change right now.
• Your benefits will not stop immediately.

Your recertification could be many months away. To find your next recertification date:

• Check your AccessHRA account, or
• Ask a Legal Aid advocate to check your Housing Court Report.

If you get both Cash Assistance and SNAP, the recertification date is the same for both. If you get SNAP only, there will be a SNAP-only recertification date.

You are still allowed to apply for SNAP. However, if you are in one of the groups that is no longer eligible, your application will likely be denied under the new rules.

No.

If you lose SNAP at recertification:

• You will not owe SNAP benefits back for the months you received them before recertification.
• You did nothing wrong. You were not required to report this change.

If you have questions about:

• Your immigration status and SNAP
• Your recertification date
• Whether you still qualify for benefits

Call Legal Aid’s Access to Benefits Helpline at 888-663-6880 from Monday through Friday 10:00 a.m. to 3:00 p.m.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.