For many families building their lives in the United States, providing healthy food is a top priority. Sometimes, making ends meet can be difficult, and government programs designed to help can seem like a good option. One of the most important of these is the Supplemental Nutrition Assistance Program (SNAP), often called “food stamps,” which helps low-income families buy the food they need.
However, for immigrant families, the decision to apply for a program like SNAP can bring a lot of worry and confusion. Many people have heard rumors or read conflicting information about how using public benefits could affect their immigration status. There is a common fear that accepting help with groceries could be used against them, possibly preventing them from getting a green card or even leading to deportation.
This fear is understandable, especially because the rules have been very confusing in the past. The purpose of this guide is to provide clear, up-to-date information to help you understand the current rules. It will explain a key concept in immigration law called the “public charge” rule and show how it relates to food stamps. By separating facts from myths, this report aims to give you the confidence to make the best decision for your family’s health and well-being without unnecessary fear. The information here is based on the official policies of the U.S. government, and it will show that for the vast majority of families, getting the help you need is safe.
The Direct Answer: Using Food Stamps is Safe for Your Immigration Case
To address the main concern immediately: No. Applying for or receiving food stamps (SNAP) will not harm your immigration case under the public charge rule.
This is the official policy of the United States government. Under the current federal rule, which became effective on December 23, 2022, U.S. Citizenship and Immigration Services (USCIS) is not allowed to consider the use of SNAP when it decides if someone is likely to become a “public charge”.
This means that an immigration officer cannot use your family’s participation in SNAP as a reason to deny your application for a green card (lawful permanent residence), a visa to enter the country, or admission at a port of entry. The Department of Homeland Security (DHS), which oversees USCIS, has been very clear that non-cash benefits like food assistance are excluded from the public charge test.
The government wants to avoid what it calls “chilling effects”—where fear and confusion discourage people from using important benefits that keep their families healthy and stable. Therefore, the current rules were specifically designed to be clear and to reassure families that they can access nutrition programs like SNAP without negative immigration consequences.
Understanding the “Public Charge” Rule Today
To understand why using food stamps is safe, it is important to understand what the “public charge” rule actually is and how it works today. The rule has a long history in U.S. immigration law, but its application has changed over time. The current version, finalized in 2022, is a return to a more traditional and limited understanding of the term.
What is the “Public Charge” Test?
The “public charge” test is an assessment that immigration officials use in some immigration cases. The purpose of the test is to determine if a person is likely to become primarily dependent on the government for their basic needs in the future. Being “primarily dependent” means that the government is the main source of a person’s support. It does not mean simply receiving some assistance from time to time.
When an immigration officer conducts a public charge test, they look at the “totality of the circumstances.” This means they must consider several factors together and cannot make a decision based on just one thing. These factors include :
- Age
- Health
- Family status (such as household size)
- Assets, resources, and financial status
- Education and skills
- A financial sponsor’s Affidavit of Support (Form I-864), if one is required
The current rule makes it clear that using most public benefits is not a sign that someone is likely to become a public charge. The government recognizes that many families, including those of U.S. citizens, use these programs to stay healthy and financially stable.
Which Benefits ARE Counted? (A Very Short List)
The current public charge rule is very specific about which benefits are considered in the test. The list is short and includes only programs that provide direct cash for living expenses or long-term institutional care paid for by the government. The only benefits that can be considered are :
- Supplemental Security Income (SSI): This is a federal program that provides monthly cash payments to adults and children with a disability or blindness who have income and resources below specific limits. It also provides cash to people age 65 or older without disabilities who meet the financial limits.
- Temporary Assistance for Needy Families (TANF): This is what many people think of as “welfare.” It provides cash assistance to low-income families with children.
- State, Tribal, or Local Cash Assistance for Income Maintenance: These are programs, often called “General Assistance” or “General Relief,” that provide cash payments to individuals to help them pay for basic needs like rent and utilities.
- Long-Term Institutionalization at Government Expense: This refers to living in an institution, like a nursing home or a mental health facility, where the government pays for the full cost of care. It does not include short-term stays for rehabilitation or recovery from an illness or injury.
It is important to remember that even if an applicant has used one of these benefits, it does not automatically make them a public charge. The immigration officer must still consider all the other factors in the totality of the circumstances.
Which Benefits ARE NOT Counted? (A Long List of Safe Programs)
One of the most important parts of the current rule is the long list of programs that are not considered in the public charge test. Using these benefits will not be held against you in an immigration application. This list includes the most common types of assistance that families use to support their health and well-being.
Safe programs that are NOT considered include :
- Food and Nutrition Programs:
- Supplemental Nutrition Assistance Program (SNAP)
- The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
- National School Lunch Program and other child nutrition programs
- Pandemic EBT (P-EBT)
- Food pantries or food banks
- Health and Medical Programs:
- Medicaid (except for long-term institutionalization)
- Children’s Health Insurance Program (CHIP)
- COVID-19 testing, treatment, and vaccines
- Health insurance through the Affordable Care Act (ACA) marketplace
- Emergency medical assistance
- Housing Programs:
- Section 8 Housing Choice Vouchers
- Public housing
- Other rental assistance programs
- Other Safe Benefits:
- Disaster relief (such as assistance from FEMA)
- Tax credits (like the Child Tax Credit or Earned Income Tax Credit)
- Unemployment benefits
- Social Security retirement and disability benefits
- Head Start and other child care programs
- Job training programs
- Student loans and grants
The government has made it very clear that it does not want to penalize individuals for accessing these types of supplemental government services.
Table 1: Public Charge Test: What Counts vs. What Doesn’t
| ✅ SAFE TO USE (Not Considered in Public Charge Test) |
⚠️ CONSIDERED IN PUBLIC CHARGE TEST |
|---|---|
| Food Stamps (SNAP) | Ongoing Cash Assistance (SSI, TANF, General Assistance) |
| WIC Program | Long-Term Institutionalization Paid by Government |
| School Lunch & Breakfast | |
| Medicaid & CHIP (for children and most adults) | |
| Housing Assistance (incl. Section 8) | |
| COVID-19 Benefits & Vaccines | |
| Unemployment Benefits | |
| Tax Credits (Child Tax Credit, EITC) | |
| Disaster Relief (e.g., FEMA) |
The Source of the Fear: Why People Are Still Worried
If the current rule is so clear that food stamps are safe, why are so many families still afraid? The answer lies in a confusing and strict rule that was in place for a short time and the widespread fear it created. Understanding this history can help explain why the current confusion exists and why the new rule is such an important change.
A Look Back at the 2019 Rule
From August 2019 until March 2021, the U.S. government used a different and much harsher version of the public charge rule. This 2019 rule dramatically expanded the list of public benefits that could be used to deny an immigrant a green card. For the first time, this rule included non-cash benefits that families rely on every day.
Under the 2019 rule, immigration officials were required to consider the use of:
- Supplemental Nutrition Assistance Program (SNAP)
- Most forms of Medicaid
- Section 8 housing assistance and public housing
This rule was very complicated and was widely criticized for creating a “wealth test” that made it much harder for low- and middle-income immigrants to come to the U.S. legally or get a green card. It caused widespread panic and confusion among immigrant communities.
However, it is critical to know that this 2019 rule was challenged in federal courts across the country and is no longer in effect. In March 2021, the government officially stopped using it and returned to the older, less restrictive guidance. The 2022 final rule then permanently codified this return to the historical, narrower definition of public charge, making it clear that SNAP and other non-cash benefits are not part of the test.
The Lingering “Chilling Effect”
Even though the harsh 2019 rule is gone, the fear it created has had a lasting impact. This impact is known as the “chilling effect”. The confusion and anxiety caused by the 2019 rule led millions of people in immigrant families to avoid or unenroll from public benefits, even if they were legally entitled to them and even if the benefits were not part of the rule.
This fear had devastating real-world consequences. Research from the Migration Policy Institute showed that between 2016 and 2019, participation in SNAP among low-income noncitizens fell by a staggering 37%. This was a much steeper decline than for U.S. citizens, suggesting that the drop was driven by immigration-related fears. Other studies found that millions of people, including an estimated 2.1 million essential workers and their family members, likely avoided Medicaid, and 1.3 million avoided SNAP, because of the rule.
The chilling effect was particularly harmful to children. Many parents, afraid for their own immigration status, disenrolled their U.S. citizen children from programs like SNAP and CHIP. For example, news reports and service providers shared stories of parents canceling food stamps for their citizen children and taking on extra jobs to make up the difference, or forgoing needed medical care out of fear. This meant that millions of children, who were never subject to the rule, went without the healthy food and medical care they needed to grow and thrive.
Even today, years after the 2019 rule was reversed, research shows that this fear and confusion persist. A 2021 poll found that more than three-quarters of immigrant families were not aware that the harmful rule had been reversed. Another survey in 2023 found that a large majority of immigrants were either unsure or incorrectly believed that using programs for health care, housing, or food could hurt their chances of getting a green card. This lingering fear is why it is so important to share accurate information about the current, safer rule.
Who Is (and Is Not) Affected by the Public Charge Test?
A major source of confusion is understanding who the public charge test even applies to. The good news is that the test does not apply to every immigrant or every immigration application. Many people are completely protected from it by law.
When the Test Applies
The public charge test is generally applied at only a few specific points in the immigration process. These include when a person is :
- Applying for a green card (adjusting to lawful permanent resident status) from inside the United States. This most often happens when someone is sponsored by a family member.
- Applying for an immigrant visa at a U.S. embassy or consulate in another country in order to come to the U.S. as a permanent resident.
- Seeking to re-enter the U.S. after being abroad for more than 180 consecutive days, if they already have a green card. This is a rare situation for most permanent residents.
Who is EXEMPT from the Test?
There is a long list of immigrants who are legally exempt from the public charge test. If you are in one of these categories, an immigration officer cannot apply the public charge rule to you at all, and you can use any public benefits for which you are eligible without fear of it affecting your status.
You are generally exempt from the public charge test if you are applying for or have been granted one of the following statuses :
- Refugee or Asylee status
- A U visa (for victims of certain crimes) or a T visa (for victims of human trafficking)
- Special Immigrant Juvenile Status (SIJS)
- A VAWA self-petition (for survivors of domestic violence by a U.S. citizen or permanent resident spouse or parent)
- Temporary Protected Status (TPS)
- Deferred Action for Childhood Arrivals (DACA)
- Special immigrant status as an Afghan or Iraqi national who worked for the U.S. government
- Status as a Cuban or Haitian entrant
Most importantly, the public charge test does not apply when you are:
- Applying to renew your green card.
- Applying to become a U.S. citizen (naturalization).
This last point is a source of great relief for millions of lawful permanent residents. Using public benefits for which you are eligible will not be a barrier to becoming a U.S. citizen.
Table 2: Immigrants Who Are Exempt from the Public Charge Test
| ✅ You are SAFE from the Public Charge Test if you are… |
| Applying to become a U.S. Citizen (Naturalization) |
| Renewing your Green Card |
| A Refugee or Asylee |
| A U Visa or T Visa holder or applicant |
| A VAWA self-petitioner |
| A Special Immigrant Juvenile (SIJS) |
| A DACA recipient (applying or renewing) |
| A TPS holder or applicant |
| An Afghan or Iraqi Special Immigrant |
| A Cuban or Haitian Entrant |
Answering Key Questions for Your Family
Navigating these rules can feel personal and complicated. Here are answers to some of the most common questions families have.
“Will my child’s benefits hurt my immigration case?”
This is one of the most pressing questions for parents, and the answer is clear: No. Under the current rule, benefits used by your family members are not considered in your public charge test.
The test is about the person applying for the green card or visa. So, if your children are U.S. citizens and they receive SNAP, WIC, or Medicaid/CHIP, it will not be held against you in your immigration application. The government specifically wrote the rule this way to prevent the “chilling effect” from harming the health and nutrition of children. Protecting your children’s well-being by enrolling them in programs they are eligible for is the action of a responsible parent, and immigration officials are instructed not to consider it a negative factor for you.
“I already have a green card. Does this apply to me?”
For the vast majority of green card holders (lawful permanent residents), the public charge rule is not a concern for things you do inside the United States. Specifically:
- The public charge test does not apply when you apply to renew your green card.
- The public charge test does not apply when you apply for U.S. citizenship (naturalization).
There is no “public charge” question on the citizenship application, and an immigration officer cannot deny your citizenship because you used food stamps or other benefits. The only time a green card holder might face a public charge test is if they leave the U.S. for more than 180 days in a row and then seek to re-enter the country. For typical travel, this is not an issue.
“Who can get food stamps in the first place?”
It is important to separate two different questions: Who is eligible to receive SNAP? and Will using SNAP have immigration consequences? This report has focused on the second question, and the answer is that using SNAP does not have negative public charge consequences.
However, not every non-citizen is eligible to receive SNAP in the first place. SNAP eligibility rules are different from public charge rules. Generally, undocumented immigrants are not eligible for SNAP.
For lawfully present non-citizens, eligibility for SNAP depends on their specific immigration status. For example:
- Humanitarian immigrants like refugees, asylees, and victims of trafficking are often eligible for SNAP immediately upon receiving their status.
- Lawful Permanent Residents (green card holders) generally must wait five years after getting their status before they can become eligible for SNAP. However, this five-year waiting period is waived for certain individuals, including children under 18, people receiving disability benefits, and those with a connection to the U.S. military.
If you are not eligible for SNAP yourself, you can still apply on behalf of eligible members of your household, such as your U.S. citizen children. In that case, you would provide information about your household’s income, but you would not be applying for or receiving benefits for yourself.
Conclusion: Making the Best Choice for Your Family
The relationship between public benefits and immigration status has been a source of significant fear and confusion, largely due to a harsh, temporary rule that is no longer in effect. The most important takeaway is that under the current, final public charge rule, the landscape is much clearer and safer for immigrant families.
Let’s summarize the key facts:
- Using food stamps (SNAP) is safe. The current public charge rule explicitly states that SNAP and other non-cash benefits like WIC, Medicaid, and housing assistance are not considered in a public charge determination.
- The scary 2019 rule is gone. The government has permanently reversed the policy that temporarily counted SNAP against immigrants. While the fear it caused is real and understandable, the rule itself is no longer a threat.
- Many immigrants are completely exempt from the test. Refugees, asylees, survivors of violence, and many other humanitarian immigrants are protected by law from the public charge rule. Furthermore, the test is not used when renewing a green card or applying for U.S. citizenship.
- Benefits used by your family members do not count. You can and should enroll your eligible children, especially U.S. citizens, in programs that support their health and nutrition without worrying that it will harm your own immigration case.
Making sure your family is fed and healthy is a sign of strength and responsibility. The U.S. government’s current policies reflect an understanding that programs like SNAP help families achieve stability and self-sufficiency, which is a positive goal for everyone.
While this guide provides general information, every family’s situation is unique. If you have specific questions about your immigration case, it is essential to seek advice from a qualified and trustworthy source. This could be a licensed immigration lawyer or a non-profit organization that is officially recognized by the Department of Justice to provide immigration legal services. Be very cautious of “notarios” or immigration consultants who are not licensed attorneys, as they may not be qualified to give legal advice and could provide incorrect information that harms your case. With the right information, you can confidently make the choices that are best for your family’s future.