What public benefits can receive a Green Card holder?

What public benefits can receive a Green Card holder?

Are you a Green Card holder and want to know more about your rights and benefits? The laws are always changing so be sure to call us at (619) 746-8879

Green Card holders in the United States, also known as permanent residents, can apply for public benefits. However, they are subject to change based on law modifications.

Many questions Green Card holders often have regarding this topic are if they qualify for public benefits and if applying for them will hurt their permanent resident status, get deported and therefore ineligible for citizenship.

We will try to answer some of these questions in this post. Note; these summaries below apply to the law as of 2019; immigration law is always changing so it is advisable to seek information and assistance from an immigration lawyer to evaluate your specific case.

Public benefits and eligibility requirements

If you are a permanent resident you can apply for several public benefits, but they will depend on the eligibility requirements of each program and also on the federal, state or county that provides the benefits, as well as your family size.

First of all, we recommend you seek information from your local public benefits office to find out whether you meet the eligibility requirements or not. If you still have questions you can always contact an immigration attorney in California who will be able to tell you what public benefits you can apply for.

Nonetheless, the factors that are considered in a permanent resident’s eligibility for benefits are:

1. When the lawful permanent resident obtained his/her status;
2. How did the lawful permanent resident obtain his/her status;
3. The county or state the lawful permanent resident lives in;
4. Whether he or she has credit for “40 quarters” of work in the United States;
5. And whether deeming rules apply.

Deeming rules refers to the income of the lawful permanent resident’s sponsor(s), which is also counted when determining if the Green Card holder can receive public benefits or not.

In addition, those immigrants that fall into one of the following categories will have special rules that apply to them:

• Asylee
• Refugee
• Withholding of removal recipient
• Cuban
• Haitian
• Amerasian
• Victim of trafficking
• Iraqi or Afghan special immigrant (SIV) visa holder
• Abused spouse or child of a permanent resident or a United States citizen
• Native American who was born outside of the U.S.
• U.S. military veteran
• Active duty member of the U.S. military
• Spouse of a member of the U.S. military
• Surviving, un-remarried spouse of a deceased member of the U.S. military
• Surviving child of a deceased member of the U.S. military

Supplemental Security Income

If you are a permanent resident in the United States you may apply for Supplemental Security Income, or SSI, after having lived in the country for five years and if he or she has credit for “40 quarters” of work.

Social Security Benefits

In addition, the permanent resident that has accrued 40 credits, which is equivalent to ten years of work, may be eligible for Social Security benefits. These include retirement payments, disability benefits and survivors’ benefits.

However, to apply for Social Security benefits, the number must have been issued on or after January 1, 2004.

Medicare

Medicare is intended for people over 65 years or with certain qualifying disabilities. A Green Card holder who has been in the country for five years is regularly eligible for Medicare. With this benefit, people can have coverage for major procedures, such as hospitalizations or surgeries and also doctor office visits, lab-works, X-rays and even vision, dental and more.

Medicaid

This public benefit is intended for low-income individuals, children, families, elderly people and disabled persons. The beneficiaries may receive emergency health attention and Full-Scope Medicaid. 

For Emergency Medicaid, permanent residents will mostly qualify without exceptions, as for Full-Scope Medicaid, but they must have had this immigration status for at least five years. Certain immigrants do not need to wait five years, which include asylees, refugees, battered non-citizens, spouses/children/parents, and certain other specific immigrants as well.

Health Insurance Marketplace

Lawful permanent residents may also apply for the Affordable Care Act, known as ACA or Obamacare. This is another insurance coverage through the health insurance marketplace.

Children’s Health Insurance Program

The Children’s Health Insurance Program, or CHIP, is a health program for children that live in families that cannot get Medicaid because their income is too high but at the same time they do not have enough money for private insurance.

Those who can apply for CHIP have to have been permanent residents for five years and also be a child under 21 years or be pregnant under 21. In addition, the beneficiary must live in a state that provides Full-Scope Medicaid to permanent residents.

Temporary Assistance for Needy Families

This public benefit, also known as TANF, provides cash assistance to low-income families. They must also participate in job training and other programs that have been designed to eliminate their dependence on cash assistance.

Permanent residents that have maintained their lawful status for five years can qualify for Temporary Assistance for Needy Families.

Supplemental Nutrition Assistance Program

Supplemental Nutrition Assistance Program, SNAP, is a federal public benefit program that provides money to states so that they can help those with limited income for purchasing food. Beneficiaries receive electronic debit cards that can only be used in grocery stores.

Permanent residents under 18 may qualify for SNAP, and those who are older can qualify if they have credit for “40 quarters” of work.

Federally Funded Public Housing and “Section 8” Housing

This housing program facilitates money to low-income individuals and families so that they can rent in the private market. Permanent residents are potentially eligible for these programs.

In order to apply for any of these public benefits, the permanent resident will need to show his/her Green Card and the agency may also want to get in touch with immigration authorities to verify the person’s status through the online Systematic Alien Verification for Entitlements (SAVE) Program.

If you have any doubts before applying for any of these programs and you have a Green Card, contact Kanan Law where we, as immigration lawyers in California, will be able to help you receive the benefits you have the right to have as a permanent resident in the United States. Contact us today!