Someone born outside the United States and its territories, except those born abroad to U. The foreign born include those who have obtained U.
A foreign-born person who is not a citizen of the United States as defined by the Immigration and Nationality Act, Section et seq similar to the statutory term alien. This definition of immigrant is narrower than some common definitions that treat any foreign-born person as an immigrant, including those who have become naturalized citizens.
Since a central focus of this study is on immigrant eligibility, and citizenship is a key factor in determining eligibility for benefit programs, this paper adheres to the legal definition of immigrant. People lawfully admitted to live permanently in the United States by either qualifying for immigrant visas abroad or adjusting to permanent resident status in the United States. Many but not all LPRs are sponsored i. LPRs who have become U.
Immigrants who marry citizens can qualify in three years, and some smaller categories can qualify sooner. LPRs generally must take a citizenship test in English and pass background checks before qualifying to naturalize. Persons granted legal status due to persecution or a well-founded fear of persecution in their home countries. Refugee status is granted before entry to the United States. Asylees usually arrive in the United States without authorization or overstay a valid visa , claim asylum, and are granted asylee status once their asylum application is approved.
Refugees and asylees are eligible to apply for permanent residency after one year. Immigrants who are not LPRs, refugees, or asylees and have not otherwise been granted permission under specific authorized temporary statuses for lawful residence and work. The same definition is also used by the U. Department of Agriculture for determining eligibility for food stamp benefits.
Lawfully present immigrants broadly include LPRs, refugees, and asylees, as well as other foreign-born persons who are permitted to remain in the United States either temporarily or indefinitely but are not LPRs. Some lawfully present immigrants have entered for a temporary period, for work, as students, or because of political disruption or natural disasters in their home countries, and some may seek to adjust their status and may have a status that allows them to remain in the country but do not have the same rights as LPRs.
Immigrants who do not fall under the qualified immigrant groups, including immigrants formerly considered permanently residing under color of law PRUCOLs , persons with temporary protected status, asylum applicants, other lawfully present immigrants such as students and tourists , and unauthorized immigrants.
Detailed immigrant eligibility criteria for these programs are provided in the discussion and tables of the report. Broder, Tanya. Immigrant Eligibility for Public Benefits. Adams Broder, Tanya, and Jonathan Blazer. Overview of Immigrant Eligibility for Federal Programs. Capps, Randy, and Karina Fortuny. Immigration and Child and Family Policy. New York: Russell Sage Foundation. Chilton, Mariana. Harris School Working Paper Series Chicago, IL: University of Chicago.
Cunnyngham, Karen. Alexandria, VA: U. Department of Agriculture, Food and Nutrition Service. This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website. Like any U. Legal immigrants use federal public benefit programs at lower rates than U. As recently as , the rate at which non-citizens have used public benefit programs was less than that of U.
For example , Both documented and undocumented immigrants pay more into public benefit programs than they take out. However, undocumented immigrants are not eligible for many of the federal or state benefits that their tax dollars help fund.
Additionally, a few states have completed studies demonstrating that immigrants pay more in taxes than they receive in government services and benefits. Department of Defense Appropriations Act, , Pub. Afghans granted special immigrant parole who have applied for SIV are considered covered under this act and are also eligible for benefits to the same extent as refugees.
Afghans granted humanitarian parole between July 31, , and September 30, — and their spouses and children, and parents or guardians of unaccompanied children granted parole after September 30, — also are eligible for federal benefits to the same extent as refugees. Eligibility for this group continues until March 31, , or the end of their parole term, whichever is later. Order No.
The CHIP program, created after the passage of the welfare law, was later designated as a federal means-tested public benefit program. Only one state, Wyoming, denies Medicaid to immigrants who were in the country when the welfare law passed.
In addition to Wyoming, six states Mississippi, Montana, North Dakota, South Carolina, South Dakota, and Texas require lawful permanent residents who complete the five-year bar to have credit for 40 quarters of work history in the U. South Carolina and Texas, however, provide health coverage to lawfully residing children, while South Carolina and Wyoming cover lawfully residing pregnant persons regardless of their date of entry into the U. National Immigration Law Center, , and updated tables at www.
Law No. In states that choose to provide Medicaid and CHIP to lawfully residing children and pregnant persons, regardless of their date of entry, deeming and other sponsor-related barriers do not apply to these groups. President Biden rescinded this memorandum on February 2, , directing agencies to review all actions taken in accordance with the Trump memorandum.
Programs providing cash assistance for income maintenance purposes are the only other programs that are relevant in the public charge determination. On May 23, , the Trump administration issued a memorandum on enforcing the responsibilities of sponsors.
President Biden rescinded the memorandum through an executive order issued on February 2, , directing agencies to review all actions taken in accordance with the Trump memorandum.
Smith and Barry Edmonston, eds. In Aug. Final regulations have not yet been issued. Once the regulations become final, states will have two years to implement a conforming system for the federal programs they administer.
See 42 U. This information is used only to verify eligibility for benefits and may not be used for civil immigration enforcement purposes.
See also H. See also 7 C. The Impact of Sponsorship on Eligibility Under the welfare and immigration laws, family members and some employers eligible to file a petition to help a person immigrate must become financial sponsors of the immigrant by signing a contract with the government an affidavit of support.
Fear of Being Considered a Public Charge The immigration laws allow officials to deny an application for lawful permanent residence or to deny a noncitizen entry into the U. Language Access Many immigrants face significant linguistic and cultural barriers to obtaining benefits.
Questions on Application Forms Federal agencies have worked to reduce the chilling effect of immigration status—related questions on benefit applications. This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website.
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