Supplemental Nutrition Assistance Program (SNAP, "food stamps") in Minnesota: what you may be able to apply for

✅ SNAP does NOT count in the public charge test — the current rule lists "Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs" as the very first item on the "Public Benefits Not Considered" list, so receiving it does not affect your green card or immigration application. The current rule considers only two things: (a) public cash assistance for income maintenance (SSI, TANF cash, and state, tribal, territorial, or local cash benefit programs for income maintenance), and (b) long-term institutionalization at government expense (such as a long-term stay in a nursing facility or mental health institution). SNAP is neither — it is not cash assistance and it is not institutional care. USCIS states expressly that it will not consider receipt of, or certification or approval for future receipt of, the benefits on that list.

➕ The exclusion is categorical: SNAP has no "long-term institutional care" exception the way Medicaid does — whatever you buy with SNAP, however long you receive it, and however much you receive, it does not count. Other nutrition programs are likewise not considered, including WIC (Special Supplemental Nutrition Program for Women, Infants, and Children), school lunch programs, the Child and Adult Care Food Program (CACFP), the Emergency Food Assistance Act program (TEFAP), and the Food Distribution Program on Indian Reservations (FDPIR). In addition, USCIS does not consider public benefits received by an applicant's family members (including U.S. citizen children or other relatives), or benefits received by the applicant solely on behalf of third parties — 🔴 a U.S. citizen child receiving SNAP in a mixed-status family does not count in a parent's public charge determination. It is not considered "receipt" to apply for a benefit on your own behalf or on behalf of another, nor is approval for future receipt. USCIS also does not consider benefits received while the applicant was in an immigration category exempt from public charge, or benefits received by people who are eligible for the resettlement assistance, entitlement programs, and other benefits available to refugees. 🌟 One persistent rumor, put to rest: under the current rule effective December 23, 2022, SNAP does not count toward public charge. A 2019 rule did count it, but that rule was vacated nationwide on March 9, 2022 (USCIS Policy Manual, Volume 8, Part G, Chapter 1: "a partial final judgment vacating the 2019 Final Rule went into effect nationwide on March 9, 2022"). Rules have changed before and could change again — rely on the latest official guidance.

This is information only, not immigration, legal, or tax advice. Public charge and your personal status are complex — consult a licensed immigration attorney. We never tell you whether you "will" or "won't" be affected.

USCIS Policy Manual, Volume 8, Part G, Chapter 7, Section E "Public Benefits Not Considered" (which lists SNAP as its first item), together with Sections B and C (the only two categories considered), and Chapter 3 (who it applies to) — 8 USCIS-PM G.7 / G.3; regulation 8 CFR 212.22(a)(3), 212.21–212.23; 2022 final rule 87 FR 55472. · 2022-12-23