Immigrant Eligibility Public Benifits ininNew New York Immigrant Eligibility for Public Benefitsin NewYork YorkState State mmigrant Eligibility forfor Public Benefits Risk that Countable Benefits* will Children's Qualified Children's Qualified be Considered as part of “Public Federal Safety Safety therea apublic public Emergency Is Is there SNAP (Food Health Health Net Net New New York YorkHealth IsIs there Public Public Federal Emergency there a a determination SNAP (Food Health Charge” 7 5,8 5, 6 7 5,8 Medicaid Assistance charge testwhen when Housing/Medicaid Medicaid public charge 5, 6 Stamps) Insurance Plans Assistance StateState charge test Housing/ Medicaid public charge Stamps) Insurance Plans 9 9 Medicaid applyingfor for LPR Section 8 test when Program (CHIP) (QHP) Medicaid applying Section 8 test when (CHIP) (QHP) and and Program No public charge risk. 12 LPR 12 status? applying & AIDS Drug Essential & AIDS status? applying forfor 12 Drug Essential this status? 12 Assistance Plans this status? Assistance Plans 1,2,3 No public charge risk, BUT if 1,2,3 10,11 Program (ADAP) (EP) Children’s Program (ADAP) (EP) 10,11 applying for green card, Countable Health Benefits used while in this status Public Qualified Insurance Eligible after Yes, unless may be counted in public charge Eligible after benefitHealth Yes, unless Eligible after 5 years Eligible after 5 years Eligible after 5 years Program Supplemental New York Eligible after 5 years 5 years inPublic LPR EligibleSafety Net applicant N/A since LPRs are determination.N/A TANF in (Family Emergency related Immigration SNAP FederalEligible Plans and 5(Food years in LPR in LPR status but only applicant a LPR status; Pre since LPRs are Security State (CHIP) & Lawful Permanent in LPR status but only status; If Housing/ in receipt in a LPR status; after 5Assistance is seeking already in permanent 5 Pre 5, 6 7 12 immigration Status Assistance) Stamps) Essential Medicaid Medicaid if can be credited 8/22/96 Entrants: Lawful Permanent status; If in receipt after 5 is seeking already in permanent 5,8 Resident (LPRs); AIDS Drug (SSI)4 Section 8 Medicaid9 of a disability years (SNA) in adjustment resident status; if can beIncome credited 8/22/96 Entrants: Person will undergo a public charge with 40 qualifying Eligible if entered US categories Plans Resident (LPRs); of a disability years in adjustment resident status; If LPR is a veteran based benefit (e.g. LPR status; to LPR status However, if re-entering Assistance with 40 qualifying Eligible if entered US test and Countable Benefits will be 1, 2, 3 10, 11 work quarters in SSA before 8/22/96 and (EP) If LPR is aor veteran based benefit (e.g. LPR status; to from LPR status However, if re-entering active duty work quarters in SSA disability based No 5 year a status the US after 180 days Program before 8/22/96 and resided used in public the charge determination, system; Pre-8/22/96 continuously Yes Yes Yes Yes Yes No or active duty disability based or if a No 5 year from a is status after 180 days service member, Medicaid) bar for Yes that not or US more out ofmean the (ADAP) system; Pre-8/22/96 continuously resided Yes Yes Yes Yes No BUT benefits receipt does not Entrants: Eligible if in US until attaining service member, Medicaid) orunder if a 18 or bar for that is notto or more out of the or a member ofEntrants: his child pregnant subject immigration Eligible residing if inUS US until attaining that the person country, will automatically lawfully in LPR status, no 5 child under 18 or or a member of family, his pregnant subject to country, immigration or her see if LPR credited women or public charge may reassess lawfully residing in US LPR status, no 5 be considered a public charge. on 8/22/96 and, at year bar even if such or her family, see if LPR credited women or public may reassess on public below with 40 qualifying children (e.g.charge refugee, admissibility on 8/22/96 and, at year even if such time of application, is barstatus was attained below with 40work qualifying children (e.g. admissibility on public quarters, no <21 asylee, VAWA of this charge * As of refugee, the publication chart, the grounds ONLY benefits time of application, is status was attained blind or disabled after 8/22/96 that count in a public charge determination are work quarters, no <21 asylee, VAWA charge grounds 5-year bar self petitioner) blind or disabled after 8/22/96 Cash Assistance (TANF/FA, SNA, SSI) and long-term 5-year bar self petitioner) institutionalization care paid for by the government (like nursing home care if paid for by Medicaid). Yes, eligible during Yes, eligible the during first 7 years after the first 7entry years asafter refugee or Refugees and Eligible afterYes grant Yes Yes Yes Yes Yes Yes Yes No No No entry as after refugee or of asylum; Refugees Asylees and Risk for MOST LPRs, 5 years If entered/granted after grant of asylum; Yes Yesin Yes Yes Yes Yes Yes Yes No No No Public Charge No Eligible after Asylees see below for limited circumstances: Qualified Alien before If entered/granted 5 years8/22/96, in LPR no status. No 7-year but limit before 8/22/96, no status Eligible after Good news! After obtaining LPR status, 5-year bar if 7-year limit Lawful Permanent only if can be 5 years in LPRs will not face a public charge test in receipt of Resident (LPR) If credited with LPR status; Not eligible for EXCEPT if: disability based LPR, or a member 40 qualifying Eligible Eligible after adjustment from this public benefit; Not eligible for 1. They leave the country forCaution: more than of LPR’s family, work quarters 5 years in with no status; if OR child under adjustment from this Yes, eligible during 180 days and return is a veteran in Social 5-year bar Qualified adjustCaution: via family or 18; OR credited status; if the first 7 years after or active duty Security (SSA) if entered Alien status; during othervia non-exempt Withholding of Yes, eligible Yes with 40 Yes Yes Yes Yes No OR adjust family or granted withholding; service member, system; Eligible No 5-year Yes US before years after Yes Yes Yes Yes Yes Yes No No basisnon-exempt in future, public deportation or the first 7 qualifying Yes other Withholding ofbelow If granted W/H before 13 see with no 5-year 8/22/96 and bar if 2. They leave the country with certain granted withholding; charge admission removal work Yes quarters Yes Yes Yes Yes Yes Yes Yes No No basis in future, public deportation or 8/22/96, no 7-year “Lawfully Residing bar if lawfully continuously pregnant criminal convictions on their record If granted W/H before rules would apply but in SSA system; charge admission removal 13 armed services limit in US resided or child <21 and return. See INA 101(a)(13)(c). 8/22/96, residing no 7-year benefits used while OR adjusted to rules would apply but connected on 8/22/96 in US until exempt would be limit LPR status from When a person is applying for LPR status, benefits used while noncitizens” and blind attaining LPR disregarded a status that is they may face a public charge test exempt would besee or disabled status not subject to below row “Applicants for adjustment disregarded at time of the 5-year bar to LPR status accepted by USCIS as Eligible if entered application Eligible Eligible if a child Battered spouses (e.g. asylee, properly filed.” US before 8/22/96 after 5 under 18; Battered and children of U.S. Eligible ifand entered refugee). continuously Eligible Eligible spouse if a child Battered spouses years in eligible citizens or LPR who 8/22/96 Eligible if lawfully US before resided in US until under 18; Battered after 5 and children ofaU.S. qualified only after 5 have prima facie and continuously present on 8/22/96 qualifying as battered years status; in spouseyears eligible citizens ordetermination LPR who If Yes Yes Yes Yes No No No in qualified or Yes16 for Eligible ifEligible lawfully resided immigrant, in US until OR, If and disabled at time qualified only after 5 If receiving have a prima facie I-360 selfpregnant status; approved 7ofyears present on 8/22/96 qualifying as battered application entered US after 16 status; Yes Yes Yes No No No years indisability qualifiedbased Yes determination or under VAWA orIfchild Yes petition after at entry and disabled time immigrant, OR, Ifeligible after 8/22/96, pregnant status; benefit, If receiving approved or I-360 self- or <21, no no 5 year a pending as refugee of application entered US after 5 years in qualified or child disability petition under VAWA 5-year bar barbased approved I-13014,15 or grant of No Public Charge risk while a refugee Refugees and 8/22/96, eligible afterYes Yes status Yes Yes Yes Yes Yes Yes No <21, no benefit, no 5 year or a pending or asylum; No or asylee. Asylees 5 years in qualified 14,15 5-year bar bar approved I-130 7-year limit ifduring status Yes, eligible in refugee or the first 7 years after No, unless asylee status entering the US in Cuban/Haitian Yes, eligible during Yes Yes in parole Yes Yes Yes Yes Yes No No No 17 before 8/22/96 status; If entered Entrant (C/H) the first 7C/H years after status No, unless no entering before the US 8/22/96, in Cuban/Haitian Yes Yes in parole Yes Yes Yes Yes Yes No No No 7-year limit C/H status; If entered Entrant (C/H)17 status before 8/22/96, no 7-year limit Immigrant Eligibility for Public Benifits in New York State | January 2025 | page 1
**
+ + **
2 Qualified Aliens Qualified Aliens 2
2
Lawfully Present 1
* *
Qualified Lawfully Present1 Aliens
Lawfully Present 1
ublic PublicImmigration TANF (Family Supplemental Immigration Supplemental TANF (Family 5 enefit- benefit5 Assistance) Security Security Income Income Assistance) Status Status 4 lated related 4 (SSI) (SSI) immigration mmigration categories ategories
Immigrant Eligibility for Public Benefits in New York State
|
November 2021
|
page 1