The Poverty Institute works to develop and promote policies to improve the economic security of low- and modest- income Rhode Islanders and ensure that tax and budget policies are equitable and adequate to fund vital public services. |
|
 Immigrant Eligibility for Government Benefits The eligibility rules for immigrants are complex and vary from program to program. (We use the term "immigrant" to include all people who are not citizens.) Under federal laws enacted in 1996, immigrants are divided into "qualified" immigrants who are eligible for federal benefits and "unqualified" who are not. "Qualified" immigrants include, for example, lawful permanent residents ("LPR"), refugees and asylees. Even if the immigrant is "qualified," however, restrictions on eligibility may apply if the immigrant entered the United States on or after August 22, 1996. For example, generally, adult LPRs are not eligible for Medicaid, SNAP benefits or RI Works cash assistance for the first five years. In the Guide, we briefly describe immigrant eligibility for each program. The chart below should be consulted for more detail on immigrant eligibility. If the program does not require proof of citizenship or immigrant status (so non-citizens, including individuals who are undocumented, may be eligible) we have indicated that "Citizen and immigrant information is not required." In addition to understanding whether an immigrant may be eligible for federal benefits, there are a few other issues that are helpful to understand: Mixed Households: These are families in which the parent is not eligible for benefits (generally because she/he is undocumented) but the children are born in the U.S. and are thus citizens who may be eligible for benefits. Parents can apply for benefits for their eligible children without applying for themselves. Only information pertaining to those who are applying needs to be provided, so the parent need not provide information about him/herself. There is one exception: If the parent is working or has other income, the parent’s income must be reported and documented (e.g., by providing pay stubs or statement from the employer). It is important to know that it is illegal for state agency staff to provide any information to the U.S. Immigration and Customs Enforcement ("ICE") or to U.S. Citizenship and Immigration Services (“CIS”) the two federal agencies that interpret and enforce immigration policy. Public Charge: Immigrants may be reluctant to apply for government benefits because they fear that doing so may affect their immigration status under the "public charge" provision of the immigration laws. This provision applies when an immigrant (except for a refugee or asylee) applies to become a lawful permanent resident. If it is determined that the applicant is likely to become a “public charge” the application for permanent residency can be denied. The determination must be based on the totality of the circumstances, including the individual's health, age, income, education and skills and affidavits of support. Most of the benefits described in the Guide are not considered in public charge determinations. The benefits that may raise public charge concerns are: cash assistance (SSI, RI Works, GPA) and Medical Assistance to pay for long-term care. However, receipt of cash assistance is only one factor considered by CIS and ICE in determining whether the person is likely to become dependent on the government for subsistence. Temporary receipt of benefits should not result in a determination of public charge. Also, CIS and ICE will not consider benefits received by the individual’s family members (e.g., parent receives RI Works cash assistance for children) in determining whether the individual is likely to become a public charge, unless the payment is the family’s only means of support. Public Benefits and Naturalization: Naturalization is the process by which a lawful permanent resident becomes a U.S. citizen. Receipt of public benefits is not considered in the naturalization process and thus receipt of benefits cannot affect an LPR’s ability to become a U.S. citizen. Sponsor Deeming: Lawful permanent residents who are applying for SSI, SNAP benefits, or RI Works are required to provide proof of their sponsor’s (and sponsor’s spouses') income and resources. A sponsor is a person who completed an affidavit of support to help the immigrant obtain lawful permanent resident status. (Refugees and persons granted asylum who are applying to become an LPR do not need to have a sponsor complete an affidavit of support.) In determining eligibility for these programs some of the sponsor’s income and resources may be counted (deemed available) and could make the LPR ineligible for benefits, even if the sponsor is in fact not giving the family any assistance. How the "deeming rules" apply depends on whether the sponsor signed the "traditional" Affidavit of Support (CIS Form I-134) in which case "sponsor deeming" only applies for 3 years or the "enforceable" Affidavit of Support (CIS Form I-864), in effect since 1997, in which case "sponsor deeming" applies until the LPR becomes a citizen or secures 40 quarters of work. Exemptions from "sponsor deeming" apply, including if the applicant is a domestic violence victim or would go hungry or homeless without the benefits. RI Legal Services (1-800-662-5034) may be able to provide assistance to immigrants who are denied public benefits. The International Institute (401) 461-5940 is a valuable resource for immigrants who need additional information about eligibility for government benefits and for immigration concerns. The National Immigrant Law Center (NILC) publishes very helpful information about immigrants and public benefits.
|
This Guide made possible through funding by:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
what's this?