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Immigrant Eligibility Public in New York Immigrantfor Eligibility forBenefits PublicBenefits Benefits in New New State Immigrant Eligibility for Public in YorkState State PublicPublic Immigration benefit- Immigration benefitStatus related Status related immigration immigration categories categories 1,2,3

Qualified Aliens2

Lawfully Present1

Public Public Housing/ Housing/ Section Section 88

Federal Federal 7 7 Medicaid Medicaid

SafetyNet Net Safety 5,8 Assistance5,8 Assistance

New York York New State State Medicaid99 Medicaid

Qualified Qualified Health Health Plans Plans (QHP) (QHP) and and Essential Essential Plans Plans 10,11 (EP) (EP) 10,11

Qualified Health

Yes Yes Yes Plans and Yes

Essential Plans (EP) 10, 11

Children's Children's Health Health Insurance Insurance Program Program(CHIP) (CHIP) &&AIDS AIDSDrug Drug Assistance Assistance Program Program(ADAP) (ADAP)

Children’s Health Insurance Yes Program Yes (CHIP) & AIDS Drug Assistance Program (ADAP)

Emergency there a a Emergency IsIs there Medicaid public charge Medicaid public charge test when test when applying forfor applying 12 this status? this status?12

No Emergency Medicaid12

Yes

status but 5-year bar if only if can be 5 years in in receipt of credited with LPR status; disability based Eligible if entered 40 qualifying Eligible Eligible after Eligible if a child Battered spouses public benefit; US before 8/22/96 under 18; Battered andwith children of U.S. Eligible entered work quartersBattered 5 years in no and ifcontinuously Eligible if a child spouses OR child under spouse eligible citizens or LPR who US before Eligible if lawfully resided8/22/96 in US until in Social 5-year bar Qualified under 18; Battered and children of U.S. only after 5 have a prima facie 18; OR credited andqualifying continuously present on 8/22/96 as battered spouse eligible or LPR who or Security (SSA)citizens if entered Alien status; Yes16 years in qualified determination Eligible lawfully in US until andifwith disabled immigrant, OR, If Yes 40 at time resided Yes only after If 5 receiving have a prima facie status; approved I-360 selfsystem; Eligible No 5-year US before present on 8/22/96 qualifying asUS battered of application entered after years in qualified determination or Yes16 disability based petition under VAWA qualifying immigrant, If after 8/22/96,OR, eligible with no 5-yearapproved andand disabled at time bar ifno 5 year status; If receiving I-360 selfbenefit, or a8/22/96 pending or work quartersentered of application US in after 5 years qualified disability based under VAWA bar approved I-13014,15 bar if lawfully petition continuously pregnant 8/22/96, statuseligible after in SSA system; benefit, no 5 year a pending or residing in US or resided or child <21 5 years in qualified 14,15 bar approved I-130 OR adjusted to status Yes, eligible during on 8/22/96 in US until from theLPR first 7status years after No, unless and blind attaining LPRYes, entering the USthat in Cuban/Haitian eligible during a status is Yes Yes in parole or disabled status C/H status; entered Entrant (C/H)17 the first 7 yearsIfafter status not subject to No, unless before entering the8/22/96, US in no Cuban/Haitian at time of Yes Yes in parole 17 7-year limit the 5-year bar C/H status; If entered Entrant (C/H) application status before 8/22/96, no (e.g. asylee, 7-year limit refugee).

Yes Yes

No No

Yes

Eligible after 5 Eligible years in after 5 qualified years in If status; Yes qualified pregnant Yes status; If Yes or child pregnant <21, no or5-year child bar <21, no 5-year bar Yes

Yes

Refugees and Asylees

* As of the publication of this chart, the ONLY benefits that count in a public charge determination are Cash Assistance (TANF/FA, SNA, SSI) and long-term institutionalization care paid for by the government (like Not eligible nursing home carefor if paid for by Medicaid). adjustment from Not eligible forthis status; Caution:from if adjustment this adjust via family or if status; Caution: other non-exempt adjust via family or in future, publicRisk for MOST LPRs, Nobasis Public Charge other non-exempt charge admission basis in future, public circumstances: see below for limited rules would apply but charge admission benefits used while rules would apply but would be Good exempt news! After LPR status, benefits usedobtaining while disregarded

exempt wouldabe LPRs will not face public charge test EXCEPT disregarded if:

1. They leave the country for more than 180 days and return Yes

Yes

2. They leave the country with certain criminal convictions on their record and return. See INA 101(a)(13)(c). When a person is applying for LPR status, they may face a public charge test - see No below row “Applicants for adjustment No to LPR status accepted by USCIS as properly filed.”

Immigrant Eligibility for Public Benefits in New York State

Yes

status?

No public charge risk.

BUT benefits receipt does not mean that the person will automatically be considered a public charge. No

Immigrant Eligibility for Public Benefits in New York State

Eligible for 7 years after entry as refugee or grant of asylum; No 7-year limit if in refugee or asylee status before 8/22/96

Risk that Countable Benefits* will Is Is there a public there a public charge test when be Considered as part of “Public charge test when applying forfor LPRLPR applying Charge” determination status?12 12

Yes, unless Yes, unless No public charge risk, BUT if applicant N/A since LPRs are applicant N/A sincefor LPRs are card, Countable applying green is seeking already in permanent is seeking already in permanent adjustment resident status; Benefits adjustment residentused status;while in this status to LPR status However, if re-entering to LPR status may if re-entering counted from a status theHowever, USbe after 180 days in public charge from a status determination. USout after 180 days that is not or the more of the that is not or more out of the subject to country, immigration subject to country, immigration public charge may reassess public charge Person may reassess willonundergo a public charge (e.g. refugee, admissibility public (e.g. refugee, admissibility on public Benefits will be asylee, VAWA charge grounds test and Countable asylee, VAWA charge grounds self petitioner) self petitioner) used in public charge determination,

Yes, eligible during

firstduring 7 years after Yes, the eligible Eligible after granted withholding; the first 7 years after Yes 5 years If granted W/Hin before granted withholding; 8/22/96, no 7-year Qualified AlienYes If granted W/H before limit 8/22/96,status. no 7-yearNo Eligible afterlimit

Withholding of deportation or Withholding of removal 13 Eligible after deportation or 13 5 years in LPRremoval

Lawful Permanent Resident (LPR) If LPR, or a member of LPR’s family, is a veteran or active duty service member, see below “Lawfully Residing armed services connected noncitizens”

SNAP (Food SNAP (Food 5, 6 5, 6 Stamps) Stamps)

1,2,3

Qualified Aliens 2

Lawfully Present 1

1, 2, 3

Qualified Aliens 2

Immigration Status

TANF (Family TANF (Family 5 5 Assistance) Assistance)

Eligible after Eligible after 5 years Eligible after 5 years Eligible after Eligible after 5 years Eligible after 5 years 5 years in LPR Eligible 5 years in LPR Eligible in LPR status but only in a LPR status; Pre Lawful Permanent in LPR status but only status; If in receipt in a LPR status; Pre after 5 if can be credited 8/22/96 Entrants: Lawful Permanent status; If in receipt after 5 Resident (LPRs); of a disability years in if can be credited 8/22/96 Entrants: with 40 qualifying Eligible if entered US of a disability Resident (LPRs); years in If LPR is a veteran with 40 qualifying based benefit (e.g. LPR status; if entered work quarters in SSA Eligible before 8/22/96US and If LPRor isactive a veteran based benefit (e.g. LPR duty disability based No status; 5 year worksystem; quarters in SSA before 8/22/96 and Pre-8/22/96 continuously resided disability based Yes SafetyNo YesYork dutymember, 5 year Supplemental or active Public Net New service Medicaid) or if a bar for Pre-8/22/96 continuously Yes Yes TANF (Familysystem; SNAP (Food Federal Entrants: Eligible if in US until resided attaining service member, Medicaid) or if a bar for or a member of his5Entrants: Eligible if 5, 6 child under 187or pregnant Security Housing/ Assistance State in US until attaining lawfully residing in US LPR status, no 5 or a member of his child under 18 or pregnant Assistance) Stamps) Medicaid or her family, see if LPR credited women or 9 lawfully residingand, in US LPRyear status, no 5 if such Income (SSI)4 or herbelow Section 8 if LPR (SNA)5,8women on 8/22/96 at bar even family, see or Medicaid withcredited 40 qualifying children on 8/22/96 at bar even such time ofand, application, isyearstatus was if attained below with 40 qualifying children work quarters, no <21 time blind of application, status was attained or disabledis after 8/22/96 work quarters, <21 5-year bar no blind or disabled after 8/22/96 5-year bar Yes, eligible during Yes, the eligible firstduring 7 years after the first 7 years afteror entry as refugee Refugees and grant ofor asylum; Yes Yes Yes Yes Yes entryafter as refugee Asylees Refugees and If entered/granted after grant of asylum; Yes Yes Yes Yes Yes Asylees before 8/22/96, no If entered/granted 7-year limit no before 8/22/96, 7-year limit

Lawfully Present 1

Public benefitrelated immigration categories

Supplemental Supplemental Security Income Security Income 4 4 (SSI)(SSI)

November 2021

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No Public Charge risk while a refugee or asylee.

This chart was updated by the NYIC, Legal Aid Society and EJC.

Immigrant Eligibility for Public Benefits in New York State

January 2025

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