SNAP (food stamps) for immigrants in the US
SNAP (Supplemental Nutrition Assistance Program — formerly “Food Stamps”) is the largest federal food assistance program. Administered by USDA, distributed through each state.
Who qualifies for SNAP?
US citizens
YES qualify without restrictions (subject to income/resource limits).
Permanent residents (green card)
- 5+ years with green card: YES qualify
- Less than 5 years: NO (subject to “5-year bar”), EXCEPT:
- Children under 18: YES qualify regardless of time with green card
- People with 40+ quarters of work (typically 10 years): YES qualify
- Veterans and active military family members: YES qualify
Refugees, asylees, parolees — this changed on July 4, 2025
NO longer eligible. Section 10108 of P.L. 119-21 (the One Big Beautiful Bill Act) amended section 6(f) of the Food and Nutrition Act to limit SNAP to a short list: US citizens, US nationals, lawful permanent residents, Cuban and Haitian entrants, and COFA citizens. Everyone else was removed.
| Group | Before July 4, 2025 | Now |
|---|---|---|
| Refugees (INA §207) | Eligible immediately | Not eligible |
| People granted asylum (INA §208) | Eligible immediately | Not eligible |
| Parolees (INA §212(d)(5), 1 year or more) | Eligible after 5 years | Not eligible |
| Certain Afghan parolees (Jul 31 2021 – Sep 30 2023) | Eligible immediately | Not eligible |
| Certain Ukrainian parolees (Feb 24 2022 – Sep 30 2024) | Eligible immediately | Not eligible |
| Conditional entrants | Eligible immediately | Not eligible unless an LPR |
| Battered aliens | Eligible immediately | Not eligible unless an LPR |
| Trafficking victims and certain family members | Eligible immediately | Not eligible unless an LPR |
| Cuban and Haitian entrants | Eligible immediately | Eligible immediately |
| COFA citizens | Eligible immediately | Eligible immediately |
FNS states the timing plainly: “Section 10108 of the OBBB was effective upon enactment, July 4, 2025. State agencies must immediately apply the new eligibility criteria to new applicants at initial certification.” Households already receiving SNAP are reviewed at recertification — which is when most people find out. That appointment has its own deadlines and notices, and they are what decide whether benefits stop: what happens if you miss the recertification deadline.
Undocumented individuals
DO NOT qualify for SNAP, but:
- Their US-citizen children (born in US) DO qualify
- Can apply for SNAP on behalf of citizen children
- Applying for a US-citizen child is not itself an immigration filing, and the state agency does not decide your immigration case. Do not read that as an absolute guarantee of confidentiality: USDA demanded applicant and household data from the states in 2025 — names, dates of birth, Social Security numbers, citizenship and immigration status and addresses — 21 states and the District of Columbia sued, and a federal court has enjoined the funding threat behind that demand while the case runs (California Attorney General)
Critical rules for mixed-status families
If your household has mixed status (ex: undocumented parents + citizen children):
- Only the eligible members apply — for example the citizen children. Everyone who lives together and customarily buys and prepares food together is one SNAP household (7 CFR 273.1(a)), so the others are still written on the form; they are simply not counted in the household size used to set the benefit.
- The non-applicants’ income and resources are still counted. 7 CFR 273.11(c)(3)(i): the State agency “must count all or, at the discretion of the State agency, all but a pro rata share, of the ineligible alien’s income and deductible expenses and all of the ineligible alien’s resources.” Leaving that income off the application is not a way to qualify — it breaks the reporting rule and can produce an overpayment the state may seek to recover later.
- You do not have to document the immigration status of a household member who is not applying. 7 CFR 273.4(b)(2): when a household “indicates inability or unwillingness to provide documentation of alien status” for a member, the state “must classify that member as an ineligible alien” and “must not continue efforts to obtain that documentation.” Read that together with 7 CFR 273.4(b)(1), which requires the state to notify USCIS when its certification staff “determine that any member of a household is ineligible to receive SNAP benefits because the member is present in the U.S. in violation of the INA.” If anyone in the household has an immigration case, talk to an immigration legal-services provider before you file.
Monthly benefit
Varies by household size, income, expenses (housing, childcare, medical).
Home energy costs feed into that calculation, and there is a separate federal program for the electric bill with a different eligibility list from SNAP’s: help paying the electric bill (LIHEAP).
Average: about $188 per person per month. The national average monthly benefit per person in fiscal year 2025 was $188.30 (USDA FNA, SNAP Participation and Costs, data as of August 14, 2026). The federal maximum for a household of four in the 48 states and DC is $1,023/month from October 1, 2026 through September 30, 2027 (FY2027), up from $994 in FY2026 (USDA FNA COLA tables); most households receive less than the maximum.
How to apply
- Start at your own state’s SNAP agency — the agency name is different in almost every state, and most states do not have a “Department of Human Services”. Find yours in the USDA FNA SNAP state directory or on your state’s page above.
- Fill out SNAP application (online, paper, or in person)
- Interview (phone or in person)
- Decision in 30 days (or 7 days for emergency cases)
- If approved, receive an EBT card (similar to debit card) reloaded monthly
Public Charge — does using SNAP affect me?
Important: Under the 2022 DHS public-charge rule, SNAP used by the applicant or their children is not counted in a public-charge determination. ⚠️ That rule was rescinded effective September 18, 2026 (91 FR 45324): SNAP received before that date is still judged under the 2022 rule, but for an I-485 filed on or after it, SNAP the applicant receives from that date can be weighed as one factor. See Public Charge for the details and the pending court challenges.
Consult an attorney before making decisions based on public charge concerns.
Related information
Official source: USDA SNAP Recipient Eligibility
Last verified: 2026-09-29.
General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.
Related procedural information
- ITIN — required for tax-funded benefits — most benefits use SSN or ITIN for eligibility
- Federal benefits eligibility by immigration status — overview of who qualifies for what
- Find legal aid in your state — public-benefits attorneys help with appeals
- Consulate of your country — many consulates offer financial-assistance referrals
- Know Your Rights — public-benefits enrollment safety — agency confidentiality limits
Related immigration cases & rulings — where they stand
General information on litigation, not legal advice. Checked: 2026-10-23.
