Since 1996, it has been harder for non-citizens than it is for citizens to get food stamps. Because of recent changes to the federal food stamp law, more immigrants are now eligible for food stamps.

How can an alien get food stamps?

In order to receive food stamps, an alien must be a “qualified immigrant.” Qualified immigrants include legal permanent residents, asylees, refugees, people paroled in the public interest for one year or more, certain conditional entrants, Cuban/Haitian entrants, and most non-citizen spouses and children who are victims of domestic violence. Many qualified immigrants are already eligible for food stamps. But many immigrant families have been unable to get food stamps because the program limited the number of years some non-citizens could receive benefits. It also imposed tough rules about lengthy work histories. More immigrant families will now be eligible for food stamps.

What changes does the law make?

The new law expands the program to include:

• “Qualified immigrants” with disabilities who are receiving disability benefits for their condition, regardless of their date of entry into the United States. This change was effective October 1, 2002.
  
  
• “Qualified immigrants” who have been in the United States for five years (regardless of the amount of time that they have worked in the U.S.).
  
  
• Removal of the seven-year cap on food stamps for refugees, asylees, and parolees, if they have been in qualified immigrant status for five years. (This change is effective as of April 1, 2003, but food stamp offices will begin accepting applications in March.
  
  
• “Qualified immigrant” children regardless of date of entry. (This change is effective as of April 1, 2003, but food stamp offices will begin accepting applications in March.)

What if everyone in my household is not eligible for food stamps?

If you live in a household with both eligible and ineligible immigrants, the household may apply for food stamps for the eligible household members. The ineligible household members are considered “non-applicants.” Non-applicant household members must provide their names and income information, but they do not have to provide Social Security numbers or information about their immigration status to the food stamp office.

If you need more information about food stamps or other government benefits, you can contact LSNJ-LAW™, the statewide toll-free legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529) for more information.

This article originally appeared in the January/February 2003 issue of Looking Out for Your Legal Rights^®.