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6 public benefits program for immigrants in Pennsylvania

What are immigrants' rights when it comes to SNAP, WIC, and medical assistance?

Many immigrants qualify for public benefits — here's how to navigate your eligibility.
Many immigrants qualify for public benefits — here's how to navigate your eligibility.Read moreCynthia Greer

While U.S. citizens can check public benefits programs to see if they qualify, most initiatives don’t mention immigrants’ eligibility at all, while some are under the umbrella of “some non-citizens.”

“This often leads to immigrants not having any way to understand which benefits they might be able to get,” said Maripat Pileggi, supervising attorney at Community Legal Services. In reality, immigrants are eligible for cash, food, and medical assistance.

Public benefits can be confusing on their own, and having to navigate which are available to folks with different immigration statuses can throw people for a curve. The result is “a kind of confusion that creates its own access barrier,” Pileggi added.

To help documented and undocumented immigrants connect with public benefit resources, we broke down six programs in Pennsylvania by immigration status:

Can immigrants access public benefits?

Yes, but it depends on the benefit you are trying to apply for and the category your immigration status falls under. This is because each public benefit program has its own rules on who qualifies.

A common ground, however, is the public charge rule. This policy determines whether or not an immigrant can prove that they are not going to use public benefits or become dependent on the state, before being granted a green card, visa, or admission to the country.

Not all immigrants need to pass the public charge rule. Asylees, refugees, survivors of trafficking, Violence Against Women Act petitioners, special immigrant juveniles, and people paroled into the U.S. are exempt from it. Plus, your family’s use of benefits does not affect your green card application. In fact, most public benefits don’t have any effect when it comes to you passing the public charge rule. And, if you are already a green card holder, this policy will not affect your path to citizenship.

What are the different immigration categories to know when applying for public benefits?

When it comes to applying for public benefits, people are classified into five categories: citizens, undocumented people, and the following categories, defined by a number of qualifying factors.

Qualified Immigrants

Green card holders, Violence Against Women Act petitioners (VAWA), victims of human trafficking, and humanitarian immigrants such as refugees, people coming from Cuba and Haiti, folks with asylum status, people whose deportation is withheld, and those who have immigration paroled for at least one year are in this category.

PRUCOL Immigrants

The Permanently Residing Under Color of Law (PRUCOL) classification was created for public benefits purposes. It’s not recognized as an immigration status. To be considered under PRUCOL, the government must know you are living in the U.S. and not planning for immediate deportation. Recipients of any deferred action program, including the Deferred Action for Childhood Arrival (DACA), fall in this category. Folks living in the country with an order of supervision, indefinite stay of deportation, or indefinite voluntary departure, are covered here too.

Lawfully Present Immigrants

To be considered a lawfully present immigrant, you must fall under one of these statuses:

  1. Folks paroled for less than one year.

  2. People with temporary resident status.

  3. Anyone with a Temporary Protected Status (TPS) or with pending applications.

  4. People with employment authorization or with a pending application.

  5. Family Unity beneficiaries.

  6. People under the Deferred Enforced Departure.

  7. Folks with deferred action status (doesn’t apply to DACA recipients).

  8. Nonimmigrants who have not violated the terms of their nonimmigrant status.

  9. Approved visa petitioners with a pending adjustment of status application.

  10. Pending asylum and employment authorization applicants older than 14.

  11. Children under 14 with pending asylum applications for at least 180 days.

  12. Kids and young adults under 21 with pending applications for Special Immigrant Juvenile status.

What public benefits can immigrants access?

For families with children and pregnant women who need monetary help. The amount is determined after acceptance of your application, and you can only receive this benefit for a total of five years in your lifetime. If you are enrolled in TANF, you automatically get Medical Assistance.

Who can apply: Qualified and PRUCOL immigrants.

Requirements: Provide social security numbers or apply for them, be looking for a job or enrolled in a training program (unless you have a disability exemption), complete a plan with a caseworker on what you will do to stop needing cash assistance, have less than $1,000 in belongings (without counting your house), be up to date with child support payments, and report all income including unemployment.

In the case of parents or guardians looking for cash support for their children, the kids must be 18 or younger, full-time students, and living with you.

How to apply: Visit your local welfare office, apply through COMPASS, or call 215-560-7226.

Does it count against the public charge rule? Yes. However, if you think this benefit will make a difference for your family, CLS recommends talking to an immigration advocate to go over your specific case because a person’s individual circumstance is considered during the public charge test.

Provides cash to seniors 65 and older and adults and children with serious, long-term physical or mental disabilities. If you get approved for SSI, the enrollment for Medical Assistance is automatic. There is no standard payment, but the amount you get might be lower if you have additional sources of income. And, it can vary based on if you live in someone else’s household, by yourself, or at a Medicaid facility.

Who can apply: Victims of human trafficking, humanitarian immigrants during their first seven years in the U.S., and lawful permanent residents (LPR) with work history living in the U.S. as qualified immigrants for at least 5 years. LPRs who arrived before Aug. 22, 1996 and have a disability can also apply. This is also available for veterans, members of the armed forces and their families. As well as for Ameriasians — the legal term for people fathered by a U.S. citizen, but born in Korea, Vietnam, Laos, Kampuchea, or Thailand between Dec. 30, 1950 to Oct. 22, 1982 — and so-called Canada-born American Indians —people who are at least 50% native American.

Requirements: Make less than $1,913 a month as a single person or less than $2,827 for couples, and have total assets worth less than $2,000 for an individual or $3,000 for a couple. Your house and vehicle don’t count as assets, but bank accounts, cash, stocks, and bonds count.

How to apply: Make an online appointment, visit your local Social Security Administration office or call 800-772-1213

Does it count against the public charge rule? Yes. Call an immigration advocate to see how this assistance will affect your specific case.

SNAP gives you a monthly food stipend through an Electronic Benefits Transfer Card. It can be used at food stores, farmers’ markets, and retailers for fruits, vegetables, meat, and other types of food. But there are limitations to what you can get.

Who can apply: Qualified immigrants living in the U.S. for at least 5 years, humanitarian immigrants, children under 18 on disability benefits, and victims of trafficking. LPRs with work history, veterans, members of the armed forces, and their families can apply too. As well as lawful permanent residents who lived in the U.S. and were 65 years old or older by Aug. 22, 1996. Hmong people, highland Laotians, Ameriasians, and Canada-born American Indians can also apply to this benefit.

Requirements: You must meet both the work and income requirements to apply. Families of four making less than $4,626 can apply.

How to apply: Through COMPASS or in person at your county assistance office. There is a “Simple Application” form for folks with disabilities or over 60 years old.

Does it count against the public charge rule? No, receiving SNAP has no effect on the public charge rule.

WIC was created in 1974 to offer nutritional support for families, help with breastfeeding, and health care and social service referrals.

Who can apply: All Pennsylvania residents can apply, despite of immigration status, including undocumented immigrants. As long as you are pregnant, breastfeeding, up to six months postpartum (if not breastfeeding), or have a child under 5 years old, you can apply.

Requirements: Your household needs to meet income guidelines. That’s under $55,500 for a family of four.

How to apply: Call 800-942-9467 or apply online.

Does it count against the public charge rule? No.

Medical Assistance (MA)

Medical Assistance provides folks with insurance, allowing for medical care no matter your immigration status. MA can be funded through the state or federal government, making applicant requirements different:

  1. Federally funded MA: Qualified immigrants, lawfully present people under 21 or pregnant, victims of trafficking, Ameriasians, and Canada-born American Indians below the poverty line — less than $41,400 for a family of four — can apply. Folks with children, long-term disabilities, seniors over 65, and pregnant people can be slightly above the limit and still apply.

  2. State-funded MA: Qualified immigrants, lawfully present people, and PRUCOL immigrants who are older than 58 years old, or low-income parents to children under 21, have a disability, are survivors of domestic violence, are in drug or alcohol treatment, or are caring for an unrelated child or a disabled adult.

Does it count against the public charge rule? No. Medical Assistance doesn’t affect your case when it comes to public charges. But, using MA long-term for things like nursing homes can count against you depending on the situation. The following don’t count towards public charge:

MedicAid

Who can apply: Qualified immigrants who live in the U.S. for 5 years or have a time exception and lawfully present folks under 21 or pregnant.

Children Health Insurance Program (CHIP)

Who can apply: Children under 19 years old who are lawfully present, or qualified immigrants who have lived in the U.S. for 5 years or have a time exception.

Pennsylvania Medical Assistance

Who can apply: Qualified immigrants living in the U.S. for less than 5 years, lawfully present folks over 21 or not pregnant and PRUCOL immigrants.

Market place

Who can apply: Lawfully present folks and qualified immigrants who live in the U.S. for 5 years (or have a time exception) can buy insurance from PENNIE. If you make less than $20,120 for a single household or $41,400 for a family of four, you can buy insurance with a subsidy.

Emergency Medical Assistance (EMA)

EMA covers emergency medical treatment. But, this doesn’t mean you need to be in the ER to be treated. According to Pileggi “the definition of an emergency doesn’t include a list of medical conditions,” but any physical or mental health condition that causes severe pain, impaired bodily functions, organ damage, or threatens to put your health at serious risk is in this category. Labor and delivery also fall under EMA.

Who can apply: Undocumented people, qualified immigrants living in the U.S. for less than 5 years, nonpregnant lawfully present folks over 21, and PRUCOL immigrants.

For undocumented immigrants

Although access to federal and state programs might be restricted, you can still find help in community centers. Phila.gov has a list of organizations that can help connect you to resources from legal services to employment assistance.

If you have children born in the U.S., they have the same rights as any other citizen and can access public benefits. According to Community Legal Services, you can apply on behalf of your child without needing to disclose your immigration status.

Where to go for help?

Whether you need help applying for public benefits or have been denied from one of these programs base on your immigration status you can find free help at:

  1. Community Legal Services: 📅 Monday, Wednesday, and Friday, ⌚9 a.m. to noon,📍1410 W. Erie Ave,📞 215-227-2400, 🌐 clsphila.org

  2. BenePhilly Center: 📍Locations in Grays Ave., Germantown, Allegheny, Chestnut St., Walnut St., and North Philadelphia, 📞844-848-4376, 📧benephilly@phila.gov, 🌐 phila.gov